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Exhbit CC 03-15-2016 Oral CommunicationsCatalog of Attachments 1. Cover Letter 2. Communication Timeline 3. Gmail -Re_ City of Cupertino-BMR Purchase Program application package 4. Gmail -Re_ BMR Purchase 5. Gmail -Re_ A thought 6. Gmail -RE_ RE_ Guidance needed 7. Gmail -RE_ RE_ RE_ RE_ Guidance needed 8. Gmail -Sandstrom can close on time for 3_11_2016 COE 9. Exhibit 3 10. FAMILY INCOME (U.S. Government Publishing Office, 2016) Ct: 31/.r/1'7 erur·~~j 11. 2.4 Annual Gross Income (City of Cupertino, Housing Division, Department of Community Development, 2015) 12. Statement Regarding History and Outlook of Performance Bonuses 13. Grievance of Kimberly Sandstrom Re: Ineligibility Determination 11-Feb-2016 14. Grievance response of Sujatha Venkatraman, 19-Feb-16 15. Grievance II of Kimberly Sandstrom Re: Ineligibility Determination 11-Feb-2016 16. Grievance II response of Josh Sela, 7-Mar-16 Who I am: Kimberly Sandstrom, mother, resident of Cupertino (renter), employee at Seagate Technology LLC in Cupertino and applicant to the BMR home purchase program. My youngest son lives with me. He graduated from Manta Vista High School last June and is now enrolled at DeAnza. What I want: An investigation, by the Cupertino City Council, of the BMR eligibility proc~ss at West Valley Community Services and a remedy of the error made by staff working on my case. I prefer to rectify the error by working with my elected officials, rather than initiating a legal proceeding. Statement of the error made in my case: Staff at West Valley Community Services failed to perform due diligence in the determination of my anticipated gross annual income for 2016. Instead, staff • added all 2015 bonuses to current salary, even though I provided documentation of: o the fact that two of the three 2015 bonuses would not be payable in 2016, o the downward trend in my performance bonus from 2013 -2015, o evidence of my company's stock devaluation at the close of 2015 which would have a negative impact on performance bonus funding levels for 2016; • informally notified me that I was ineligible, while City of Cupertino staff contradicted this, informing me that a decision was pending; • stopped communicating with me, and did not respond to emails from me nor City staff, nor answer or return phone calls; • moved on to an alternate applicant with lower priority on the waiting list than me. The alternate applicant's eligibility determination required less diligence on the part of staff. Background facts: 1. Before completing the application, I contacted staff at WVCS, noting that my gross pay in 2015 had been over the limit, due to some extenuating circumstances that would not exist in 2016. I asked for confirmation that I was still eligible. Staff responded that I must apply and submit all required documents, plus the application fee, before a determination of my eligibility could be made. This is strong evidence that being over limit in the past does not indicate ineligibility in the present, and aligns with 24 CFR 5.609 (a)(2) which states that annual income means all amounts which Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; See the attachment: Family Income (U.S. Government Publishing Office, 2016) for the full 24 CFR 5.609 regulation. Cover Letter Page 1of2 2. With my application, I provided a detailed statement regarding my bonus history, showing year over year declines in my Performance Bonus and indicating that both the Special Recognition Bonus and the Wellness Bonus that I received in 201S would not be received in 2016. See the attachment: Statement Regarding History and Outlook of Performance Bonuses. Despite the complete record I provided, staff failed to apply due diligence to the determination of my 2016 anticipated annual income, and instead, summed the total of all bonuses received in 201S with my 2016 salary. Given the facts that two of the three bonuses would not be paid in 2016, and the remaining bonus that would be paid had a clear history of decline, there is no basis to support this decision. My 2016 midyear performance bonus (paid 29-Feb) is less than 2S% of my 201S midyear performance bonus. 3. Staff provided conflicting information about the status of my application, especially when the unit failed inspection and was deemed ineligible for resale. See the Communication Timeline document for greater detail. 4. The eligibility process today exerts a discriminatory, disparate impact on older wage earners. Workers generally benefit from decades of experience, professional development and skill building with higher wages than younger, less skilled colleagues. The simple limit on income therefore negatively impacts the older portion of the workforce more than the younger portion. A point system, similar to the awarding of points for residency and employment in Cupertino could offset the disparate impact of the simple income limit. I am over SS, and my salary is the highest it has been over my lifetime, however, it is less than $97,000. If the BMR unit is sold to a 3S year old with the same salary as me today, what is the likelihood that their salary will still be under $102,0SO in twenty years? S. I have presented my grievance to Sujatha Venkatraman, at WVCS, and remain unsatisfied. 6. I have presented my second grievance to Josh Selo, at WVCS, and remain unsatisfied. 7. I strongly feel that I have been discriminated against and treated unfairly, after paying my application fee for this public benefit BMR program. I am only asking to be treated fairly. Closing statement: Cupertino is my home and it is where I work. Nevertheless, I am being forced out. I live in one of the shabby townhomes on Terry Way, yet my rent continues to skyrocket, even though no amenities are added to increase the value of my accommodations. My neighbor has already been informed of another $200/month rent increase. I expect my increase to come 1-May. If my rent increases another $200 this year, I will be paying 23% more than when I moved in, back in 2013. Every day I am tormented by the unsustainable situation I am living in. Please help me to be treated fairly in the BMR purchase program. My contact information Name: Kimberly Sandstrom Email: kisaph@gmail.com Work phone: 408-6S8-124S Cell phone: 818-S88-7429 Address: 10302 Terry Wy #1, Cupertino, CA 9S014 Cover Letter Page 2 of 2 Date Approx. Communication Communication Response Communication Content Time Type Initiated By Requested Wednesday, Christine told me that a 2 bedroom condo would soon be available, January 20, 3:10 PM Phone call Christine No and I was the applicant at the top of waiting list. She said two 2016 Nguyen alternates would be chosen at the same time, and that an email with application would come soon. I received notification that a BMR purchase unit was soon coming Wednesday, available, and an application was attached to the email. I was January 20, 3:30 PM Email Christine Yes, from notified that my application, with all supporting documents, must Nguyen Kimberly be complete 27-Jan. 2016 See attachment: Gmail -Re_ City of Cupertino-BMR Purchase Program application package I sent Christine ten questions regarding the opportunity and Thursday, Kimberly Yes, from process. I included my observation that my income was over limit January 21, 7:55AM Email Sandstrom Christine in 2015 because of special circumstances in 2015. I stated that 2016 circumstances for 2016 would be different and requested confirmation that my family remained eligible. Thursday, Christine Answers to the ten questions. See attachment: Gmail -Re_ BMR January 21, 9:15AM Email No 2016 Nguyen Purchase Friday, Meeting at Christine screened the documents that I provided. Employment January 22, 11:00 West Valley Kimberly N/A verification was the only outstanding document. However, AM Community Sandstrom Christine required my son's signature on application, and she 2016 Services recommended a statement on performance bonus. I submitted my application with my son's signature, a bonus Monday, statement (which demonstrated year over year decreases in 2014 Meeting at Kimberly and 2015 together with a drastic drop in my company's stock price January 25, 9:45AM wvcs Sandstrom N/A at the end of 2015), all other supporting documents and the 2016 application fee. Employment verification with salary remained outstanding. Communication Timeline Page 1of12 Date Approx. Communication Communication Response Communication Content Time Type Initiated By Requested Monday, Kimberly Yes, from I received employment verification in mail at home, and asked January 25, 1:20pm Email Christine when to bring it to the office. 2016 Sandstrom Christine Christine did not respond. Tuesday, 10:50 Christine Yes, from Christine asked me to come to WVCS to discuss my file. Christine January 26, Email was available between 4 -7pm that day and asked me to confirm 2016 AM Nguyen Kimberly time of meeting. Tuesday, 11:00 Kimberly January 26, AM Email Sandstrom No I confirmed meeting at WVCS at 4pm. 2016 I gave Christine my employment verification with salary. Christine said I was ineligible. I used Christine's calculator lying on the table to demonstrate that even with 2015 performance bonus added to Tuesday, Meeting at Christine my salary, my annual income remained under the limit. Christine January 26, 4:00 PM N/A looked puzzled and tried the calculation herself. She asked herself 2016 wvcs Nguyen how they got an amount over the limit. Christine said she would talk with C.J. again about my file. I reiterated that my performance bonus decreased in both 2014 and 2015 and was expected to drop drastically in 2016. I told Christine that my company was reporting earnings on 29-Jan, Wednesday, and that within days, I would know my midyear performance bonus Kimberly Yes, from amount. I expressed my desperation, because of my ever increasing January 27, 9:20AM Email Sandstrom Christine rent, and asked for a week at most to prove my true financial 2016 outlook. Christine did not respond. Thursday, Christine Christine said after consultation and confirmation with City of January 28, 6:40 PM Email Nguyen No Cupertino BMR staff, I am over limit and ineligible. 2016 See attachment: Gmail -Re_ A thought Communication Timeline Page 2of12 Date Approx. Communication Communication Response Communication Content Time Type Initiated By Requested Friday, Board of Directors confirms funding midyear performance bonus at January 29, N/A Internal Email Seagate N/A 2016 minimal level. Request for Per City of Cupertino website guidance, I went to the City Clerk's Monday, 12:00 information at Kimberly Yes, from office and asked to see the municipal code governing BMR Program February 01, PM City Clerk's Sandstrom C.J. administration. Rather than allowing me to view the code, staff 2016 Valenzuela contacted C.J. who came to meet me and said he would email the Office code to me if I provided contact information. Monday, No, C.J. provided BMR Administrative Manual as pdf attachment. He February 01, 1:30 PM Email C.J. Valenzuela Christine said bonus must be included in annual income. He clarified that the 2016 copied unit Christine and I had discussed was not officially eligible for resale, pending inspection by City of Cupertino staff. I asked for confirmation of my eligibility status because no "official" communication had come from the City, nor from WVCS. I had only Tuesday, 10:00 Kimberly Yes, from received an email from Christine. February 02, Email Christine, I shared guidance from my senior management that my midyear 2016 AM Sandstrom C.J. copied bonus would be less than $750, down nearly 77% from 2015's midyear bonus of $3,150, and that confirmation would come around 17-Feb. C.J. said that the property would be inspected later that day and Yes, from that was the first step in eligibility process. He said that my Tuesday, 10:15 Kimberly, eligibility had not yet been determined. He asked for additional February 02, AM Email C.J. Valenzuela Christine paystubs and a statement from management regarding my 2016 copied midyear bonus to help staff make the determination of my eligibility. See attachment: Gmail -RE -RE_ Guidance needed Tuesday, No, C.J. Per C.J.'s request, I attached 29-Jan paystub. I said my senior 10:25 Kimberly and director would provide a statement on bonus amount, if needed, February 02, AM Email Sandstrom Christine but "official" company communication on bonus amount was due 2016 copied 17-Feb. Communication Timeline Page 3of12 Date Approx. Communication Communication Response Communication Content Time Type Initiated By Requested Tuesday, Yes, from February 02, 10:45 Email C.J. Valenzuela Christine, C.J. asked Christine to print the paystub and add it to my file. 2016 AM Kimberly Christine did not respond. copied Tuesday, Yes, from C.J. stated inspection was done, and unit failed. He said unit was Christine, February 02, 3:15 PM Email C.J. Valenzuela Kimberly ineligible for sale until further notice, and asked Christine to 2016 copied remove it from the eligible for sale list. Tuesday, No, C.J. February 02, 6:10 PM Email Christine and Christine said, "Thank you CJ for your update!" Nguyen Kimberly 2016 copied Wednesday, Kimberly Yes, from I expressed my disappointment. I asked Christine to confirm that I February 03, 7:45AM Email Sandstrom Christine, remained at the top of the 2 bedroom waitlist, the same place I had 2016 C.J. copied been when she contacted me on 20-Jan. Yes, from C.J. asked Christine to confirm that I maintained my place on the Wednesday, Christine, waitlist should this unit become available, which is a different February 03, 9:50AM Email C.J. Valenzuela Kimberly confirmation than I asked for. 2016 copied See attachment: Gmail -RE -RE RE -RE_ Guidance needed. Christine did not respond. Thursday, February 04, Christine did not respond. 2016 Friday, Kimberly Yes, from I asked Christine to provide confirmation on my waitlist position, February 05, 8:50AM Email Sandstrom Christine, given the unit's unavailability. 2016 C.J. copied Christine did not respond. Friday, Phone call, no I expressed concern for Christine's well being. I asked Christine to Kimberly Yes, from please respond by email or by phone when she was able, because February 05, 4:10 PM answer, so left Sandstrom Christine we had not got a response from her yet. 2016 message Christine did not respond. Communication Timeline Page 4of12 Date Approx. Communication Communication Response Communication Content Time Type Initiated By Requested Monday, Yes, from I requested a meeting with Christine and C.J. to understand the February 08, 7:30AM Email Kimberly Christine developments since Christine contacted me 20-Jan. I suggested an 2016 Sandstrom and C.J. llam or 4pm meeting that day, and asked for confirmation from both Christine and C.J .. Monday, Yes, from C.J. said he was not available that day. He could meet Tuesday, 9-Christine, February 08, 8:00AM Email C.J. Valenzuela Kimberly Feb at lOam or 2pm or Thursday, 11-Feb at 2pm, and asked 2016 copied Christine to advise us of her availability. Monday, No, C.J. 10:30 Christine and Christine said she was available Tuesday at 2pm or Thursday at February 08, AM Email Nguyen Kimberly 2pm. 2016 copied Monday, 10:40 Kimberly Yes, from I suggested Tuesday at 2pm, and asked whether we would meet at February 08, AM Email Sandstrom Christine WVCS or at City Hall. 2016 and C.J. No, Monday, 11:20 Christine February 08, AM Email C.J. Valenzuela and C.J. said we would meet at WVCS. 2016 Kimberly copied Monday, No, C.J. 10:30 Christine and Christine said she was available Tuesday at 2pm or Thursday at February 08, AM Email Nguyen Kimberly 2pm. 2016 copied Monday, 10:40 Kimberly Yes, from I suggested Tuesday at 2pm, and asked whether we would meet at February 08, Email Christine AM Sandstrom WVCS or at City Hall. 2016 and CJ. Communication Timeline Page 5of12 Date Approx. Communication Communication Response Communication Content Time Type Initiated By Requested No, Monday, 11:20 Christine February 08, AM Email C.J. Valenzuela and C.J. said we would meet at WVCS. 2016 Kimberly copied Monday, No, C.J. 12:55 Christine and February 08, PM Email Nguyen Kimberly Christine said we would meet at WVCS. 2016 copied Tuesday, Christine Yes, from Christine said that an urgent deadline prevented her from keeping February 09, 9:40AM Email Nguyen C.J. and our appointment at 2pm. She asked C.J. and I to confirm Thursday 2016 Kimberly at 2pm. Tuesday, Yes, from Kimberly, C.J. said he was available Thursday at 2pm and asked me to February 09, 9:45AM Email C.J. Valenzuela Christine confirm my availability. 2016 copied Tuesday, No, February 09, 10:10 Email Kimberly Christine I confirmed meeting at WVCS at 2pm on Thursday, 11-Feb. AM Sandstrom and C.J. 2016 copied Communication Timeline Page 6of12 Date Approx. Communication Communication Response Communication Content Time Type Initiated By Requested C.J. told the Committee that the condo had passed inspection on 9- Feb, and was now eligible for sale. He said that I had applied, but because "there was bonus" on some of my three paystubs, I was over limit. He said that if I applied the next day (12-Feb) and they considered one paystub from Feb. and two From Jan., I would qualify, since "there was no bonus". I clarified that none of the Thursday, Housing three paystubs I submitted had bonus payments, they were all the February 11, 9:00AM Committee N/A N/A same, with salary only. Christine was asked how far over the limit I 2016 meeting at City was, and she said she wasn't sure but she thought it was about Hall $4,000 or $5,000. This was a gross mischaracterization, so I said that was false, and it was more like $2,000. She said the alternate buyer had a very straight forward case with no bonus, just salary of $96,000. She said the alternate buyer was already pre-approved for a loan. I said that I was fully approved, not just pre-approved. The committee affirmed that they would take no action since the matter was not on their agenda. Communication Timeline Page 7of12 Date Approx. Communication Communication Response Communication Content TI me Type Initiated By Requested I asked if there was a signed purchase contract on the unit in question, and the answer was no. I asked how my annual income was determined and CJ. and Christine described a nonsensical method of attributing all 2015 bonus amounts to my 2016 annual income, despite the evidence I had provided of declining annual bonuses, and despite the statement I handed them at this meeting from my senior director that my 2016 midyear bonus would be $737, less than 25% of my 2015 midyear bonus. C.J. said it was just an unfortunate timing situation. He said that if they determined my eligibility the next day, with three paystubs from 2016, I would be eligible. I was dumbstruck and disputed that any organization could make such a Thursday, Meeting at Kimberly capricious decision. I said it had to be unacceptable for an February 11, 2:00 PM wvcs Sandstrom N/A individual to be above or below the limit based on when you 2016 look, rather than by applying due diligence to the data available. I gave examples of due diligence, such as a calculation based on the bonus data provided to project into the future, or a call to my company could be made to provide guidance on 2016 bonus. I asked what would happen if the alternate buyer failed to perform? Could my eligibility be reconsidered? Christine said no, I was ineligible for this unit no matter what. Alternate buyers below me on the waitlist would be contacted instead and invited to apply. But she said I would stay on the waitlist and could pay the application fee again if another 2 bedroom condo became available and my eligibility would be redetermined at that later time. Christine gave me a copy of the Grievance Procedure. Communication Timeline Page 8of12 Date Approx. Communication Communication Response Communication Content Time Type Initiated By Requested I forwarded to C.J., an email from my loan officer indicating that I Thursday, Kimberly was already formally approved with underwriting conditions for a February 11, 3:30 PM Email Sandstrom No mortgage, and that we could close before 11-Mar. 2016 See attachment: Gmail -Sandstrom can close on time for 3 11 2016 COE Thursday, Christine Yes, from Christine sent a signed letter on WVCS letterhead stating my February 11, 6:50pm Email Kimberly, 2016 Nguyen C.J. copied ineligibility and asking me to confirm receipt. Friday, 12:45 Phone call, no Kimberly I called Sujatha Venkatraman, and when she didn't answer, I left a February 12, PM answer, so left Sandstrom No voice mail to let her know I was walking over to hand her my 2016 message grievance. Friday, Phone call, no Susan at WVCS's front desk called Sujatha, and when Sujatha did February 12, 1:00 PM answer, so left Susan at WVCS No not answer, Susan left a message that I was at the front desk with a 2016 message packet for Sujatha that would be left in Sujatha's inbox. Friday, Phone call, no Kimberly Yes, from I called Sujatha, and when she didn't answer, I left a voice mail to February 12, 1:15 PM answer, so left Sandstrom Sujatha let her know that I had left my grievance with Susan at WVCS's 2016 message front desk, as the message left by Susan had indicated. Friday, Kimberly I confirmed receipt of Christine's email and attachment, and also February 12, 1:45 PM Email No that I had left my grievance with Susan at the front desk at WVCS 2016 Sandstrom for delivery to Sujatha. Communication Timeline Page 9of12 Date Approx. Communication Communication Response Communication Content Time Type Initiated By Requested Sujatha called in response to the voice mail messages left by me and Susan. She said that I am ineligible, and that no BMR purchase unit was available, because the sale to the alternate applicant was Tuesday, 80% done. I asked her if she was telling me that if an error was February 16, 10:25 Phone call Sujatha No made and the error was brought to her attention, she would 2016 AM Venkatraman allow the error to stand rather than correcting it. Sujatha did not answer yes or no. She repeated that no unit was available. She also told me that I was "not the only one" involved in the transaction, that there was also a seller and two alternates. Of course, I was fully aware of these facts. Communication Timeline Page 10of12 Date Approx. Communication Communication Response Communication Content Time Type Initiated By Requested Sujatha said " ... the City BMR policy (Exhibit 3) clearly states that we only look at 24 CFR 5.609 (b). Paragraph (a) is not being considered in our BMR program." However, Exhibit 3 (see attchment: Exhibit 3) makes no reference to paragraph (a) which defines annual income. Nor does Exhibit 3 reference paragraph (d) which describes options for the annualization of income over a period shorter than 12 months. See the attchment: FAMILY INCOME (U.S. Government Publishing Office, 2016) for the full 24 CFR 5.609. She went on to say that my " ... projected/anticipated gross Monday, household income including bonus pay came out to $103,648.14." 10:30 Sujatha which is $1,589.14 over the limit. February 22, AM Certified mail Venkatraman No See the attachment: 2.4 Annual Gross Income, like Exhibit 3, also 2016 from the City of Cupertino's POLICY AND PROCEDURES MANUAL FOR ADMINISTERING DEED RESTRICTED AFFORDABLE HOUSING UNITS, which appears to reference 24 CFR Part 5. Note that this document does not reference any sections/paragraphs of the CFR as being irrelevant or not part of the City's BMR program, as Sujatha stated. However, the link provided in the document leads to a Page Not Found error as shown in the screen shot, so it remains unclear precisely what the City means when it says, "Annual household income is defined pursuant to the U.S. Code of Federal Regulations and provided on the website of the U.S. Department of Housing and Urban Development". Tuesday, Meeting at Kimberly Yes, from March 01, 3:45 PM wvcs Sandstrom Josh I handed my second grievance to Josh Sela. 2016 Communication Timeline Page 11of12 Date Approx. Communication Communication Response Communication Content Time Type Initiated By Requested Tuesday, March 08, 5:30 PM Certified mail Josh Sela No Josh offered no new findings. 2016 Communication Timeline Page 12of12 Gmail -City ofCupertino-BMR Purchase Program application package https://mail.google.com/mail/?ui=2&ik=8228892234&view=pt&sear ... of 1 Kimberly Sandstrom <kisaph@gmail.com> City of Cupertino-BMR Purchase Program application package 1 message Christine Nguyen <christinen@wvcommunityservices.org> To: kisaph@gmail.com Hello Kimberly, Wed, Jan 20, 2016 at 3:29 PM We are very happy to inform you that we will be having a 2 bedrooms unit available to sell very soon. Your number on the wait list is up for this unit and we also select 2 more households to be a backup during this review process. Per our telephone conversation earlier; We are offering you an opportunity to complete and submit your application (see attachment) along with all the support documents listed on page 4 of our package. This complete package must be received by 'M/CS on/by Jan 27th, 2016. For your son, we would need a copy of his current school schedule. At anytime, if you have questions or concerns, please do not hesitate to contact me via email or by phone. Warm Regards, Christine N9t.J'yen Program Manager, Housing Services West Valley Community Services, Inc. 10104 Vista Drive. Cupertino, CA 95014 (P) 408.255.8033 x 201 (Direct) 408.956.6112 (F) 408.366.6090 (E) christinen@wvcommunityservices.org (website) www.wvcommunityservices.org HEALTH· HOME· HEART· West Valley Community Services, Inc. ~ BMR rental app 12.22.15-English-REVISED.pdf " 719K 3/13/2016 Gmail -Re: BMR Purchase c~ i i Kimberly Sandstrom <kisaph@gmail.com> Re: BMR Purchase 1 message Christine Nguyen <christinen@wvcommunityservices.org> To: Kimberly Sandstrom <kisaph@gmail.com> Thu, Jan 21, 2016 at 9:15 AM Hello Kimberly, Below, please find our respond: Can I preview the home before next Wednesday? It's hard to imagine there being any issues, but because there is a nonrefundable deposit, I would feel more comfortable seeing the home before paying the deposit. I am available, except for occasional meetings each day, and can work with your availability. I'm completely understanding your concerns. It's the BMR policy that we must review your application package to assess your qualification, then we can arrange the next step such as viewing the unit and so on. For now, we can only release the common property address but not the Unit # due to privacy of the current owner. Yes, there is a $50 application fee is required at the time of submission, which is non-refundable. Do I need an agent? No, you don't need an agent to represent in this transaction. Since this is a BMR transaction, there will City of Cupertino's representative and me 0fVVCS staff) will be assisting you with this transaction from beginning to the end. Is the loan arranged through the BMR program, or do I need to get the loan on my own? I have pre-approval, BTW. No, City of Cupertino does not provide any finance. We do have a prefer lender list that we can provide as a reference but you do not require to select them. You may choose to get a mortgage loan at any financial institute for this transaction. If your inspection uncovers issues, perhaps mechanical or electrical, who pays to fix the defects? The unit is fairly new. Usually, the seller will pay for the inspection and the fix is something that we can discuss with the seller if there is any issues. Who is the seller? lndividual(s) or is the seller the BMR program? This is one of our BMR unit. What is my purchase price? $356,995.80 Is it negotiable? No, the price is set and it's calculated base on the Resale Restriction agreement. Are there down payment requirements? Per BMR program's guideline and requirement; the buyer must have atleast 5% down + 3% necessary closing cost I was divorced in 2014 and filed Head of Household in 2014. In 2013 and 2012, I filed Married Filing Jointly. I am guessing you need a copy of the divorce decree because of this, in addition to the other documents we have discussed? Yes, that's a good idea to attached a letter to support this. https://mai I .google.com/mai l/?ui=2&ik=8228892234&view= pt&search= i nbox&th= 152652f6cfbf2dc6&si m I= 152652f6cfbf2dc6 1/2 3/13/2016 Gmail -Re: BMR Purchase Finally, in looking at my final paystub for 2015, I see $6,933 in Performance, Special Recognition and Wellness Bonuses. As a result, my gross pay for 2015 is $104,480. This is a one time event. The bonuses are unlikely to be paid this year. I am sure that your analysis will look at my salary (which will be included in my Employment Verification letter) to determine my eligibility as bonuses are not guaranteed to be part of my income. Can you verify that this situation does not cause my family to be ineligible? In order for us to review and assess your qualification, we need you to provide all documents as requested. Then we can respond and provide you the result after we reviewed it. I hope that I've answered most of your questions. Please feel free to let me know if you have any other questions and I'm happy to assist you. Warm Regards, Christine Nguyen Program Manager, Housing Services West Valley Community Services, Inc. 10104 Vista Drive. Cupertino, CA 95014 (P) 408.255.8033 x 201 (Direct) 408.956.6112 (F) 408.366.6090 (E) christinen@wvcommunityservices.org (website) www.wvcommunityservices.org HEALTH · HOME · HEART · West Valley Community Services, Inc. On Thu, Jan 21, 2016 at 7:55 AM, Kimberly Sandstrom <kisaph@gmail.com> wrote: Hi Christine, I read through the package you emailed me and now I do have a few questions. Can I preview the home before next Wednesday? It's hard to imagine there being any issues, but because . there is a nonrefundable deposit, I would feel more comfortable seeing the home before paying the deposit. I am available, except for occasional meetings each day, and can work with your availability. Do I need an agent? Is the loan arranged through the BMR program, or do I need to get the loan on my own? I have pre-approval, ·BTW. 1 If your inspection uncovers issues, perhaps mechanical or electrical, who pays to fix the defects? · Who is the seller? lndividual(s) or is the seller the BMR program? What is my purchase price? Is it negotiable? Are there down payment requirements? : I was divorced in 2014 and filed Head of Household in 2014. In 2013 and 2012, I filed Married Filing Jointly. I am guessing you need a copy of the divorce decree because of this, in addition to the other documents we . have discussed? 1 Finally, in looking at my final paystub for 2015, I see $6,933 in Performance, Special Recognition and . Wellness Bonuses. As a result, my gross pay for 2015 is $104,480. This is a one time event. The bonuses · are unlikely to be paid this year. I am sure that your analysis will look at my salary (which will be included in my Employment Verification letter) to determine my eligibility as bonuses are not guaranteed to be part of my income. Can you verify that this situation does not cause my family to be ineligible? Regards, Kimberly https://m ail .google.com/mai l/?ui=2&ik=8228892234&view= pt&search= i nbox&th= 152652f6cfbf2dc6&sim I= 152652f6cfbf2dc6 212 Gmail -Re: A thought https://mail.google.com/mail/?ui=2&ik=8228892234&view=pt&sear ... of2 Kimberly Sandstrom <kisaph@gmail.com> Re: A thought 1 message Christine Nguyen <christinen@wvcommunityservices.org> To: Kimberly Sandstrom <kisaph@gmail.com> Hello Kimberly, Thu, Jan 28, 2016 at 6:38 PM Just wanted to give you an update on our end. As I have consulted and confirmed with the City of Cupertino (person overseeing the BMR programs); Per BMR program guidelines, we must calculate base on your paycheck that you have submitted and included ALL the bonuses amount that you have received and shown on your paycheck. As the result, your household has exceed the income limits ($102,050) to qualify to purchase the BMR unit. Unfortunately, we are not able to make any exception and I hope that you understand. Please feel free to let me know if you have any questions or concerns. Warm Regards, Christine /VgtJyen Program Manager, Housing Services West Valley Community Services, Inc. 10104 Vista Drive. Cupertino, CA 95014 (P) 408.255.8033 x 201 (Direct) 408.956.6112 (F) 408.366.6090 (E) christinen@wvcommunityservices.org (website) www.wvcommunityservices.org HEALTH · HOME · HEART· West Valley Community Services, Inc. On Wed, Jan 27, 2016 at 9:21 AM, Kimberly Sandstrom <kisaph@gmail.com> wrote: Hi Christine, Appreciate all the time you've spent with me and the service you have performed. I just spoke with the senior director (my boss's boss) and he makes a good point. Our company is making its earning statement on Friday, 29-Jan. On that day, we also have an All Hands meeting with the executives and the question of funding the mid-year performance bonus is sure to come up. My senior director shares the opinion of me and my manager that the bonus will be at most, greatly reduced compared to previous years and at worst eliminated. We should know for certain on Friday, 29-Jan whether the bonus will be paid, and early next week we should know the dollar amount if they are paid. My rent has increased 14% over the last two years, and is currently $30,000 per year. Each spring they increase it, and so in the next month or two, I am expecting an increase notice again. My average gross pay, ?/Q/?()lfl 7·1? AM Gmail -Re: A thought https://mail.google.com/mail/?ui=2&ik=8228892234&view=pt&sear ... of2 including bonuses, as I showed, over the previous three years is under $95,000. My base salary now is $96,000. I will not take part in the Wellness activities this year, as the $250 bonus is no value if it disqualifies me from affordable housing. If I do not take part in the activities, I will not earn the bonus. I am absolutely desperate. I am not asking you to make an exception. I don't need an exception because I qualify. I am asking you to allow a few days, a week at most, to pass so that we can look at the actual mid-year bonus for this year. Regards, Kimberly ')/f\/')f\1L. '7.'J') A •A 311312016 Gm ail -RE: RE: Guidance needed Kimberly Sandstrom <kisaph@gmail.com> RE: RE: Guidance needed 1 message Christopher Valenzuela <ChristopherV@cupertino.org> Tue, Feb 2, 2016 at 10:13 AM To: Kimberly Sandstrom <kisaph@gmail.com>, Christine Nguyen <christinen@wvcommunityservices.org> Hi Kimberly, the property will be inspected this afternoon by our City Bldg. Inspector to see if the property is eligible to be resold due a potential modification in the subject BMR unit. That is the first step to see whether or not the seller is eligible to resell this BMR unit. Regarding reviewing your eligibility as far as income, assets, etc ... we have yet to come to a written decision. What would be helpful is if you can submit your most recent pay stubs to-date to Christine and CC me as well. I believe you are paid bi-weekly so you may have a Jan. 2016 paystub that you have yet to submit. When is your next Feb. 2016 pay check due? Can your employer provide you with a written letter/verification of your 2016 bonus amount? It will help our staff to have a fully documented complete file of your income before we can make a final decision. Thank you. Christopher "C.J." Valenzuela Senior Housing Planner 10300 Torre Avenue Cupertino, CA 95014 408.777.3251 (Phone) christopherv@cupertino.org (E-mail) From: Kimberly Sandstrom [mailto:kisaph@gmail.com] Sent: Tuesday, February 02, 2016 10:00 AM To: Christine Nguyen Cc: Christopher Valenzuela Subject: Guidance needed Hi Christine and C.J., Have to admit that I didn't read all the way through the 47 pages of the regulations, but I did find what I was looking for. There is a clause that allows appeal when an applicant is notified that they have been found ineligible. I'm wondering if we are at that place yet? I have an email from Christine saying I am ineligible, but no statement from the city, nor from WVCS saying I'm ineligible. My manger says the mid-year bonus will be confirmed around 17-Feb. However, I have guidance it will be less than $750. As I predicted in the statement on bonus history and outlook I provided, this is well below last year's https://mail.google.com/mail/?ui=2&ik=8228892234&vif1N=pt&search=inbox&th=152a330932b2a1a2&siml=152a330932b2a1a2 1/2 311312016 Gmail -RE: RE: Guidance needed $3, 150 mid-year bonus. Please advise whether my eligibility is still under consideration or whether I need to prepare my appeal on detennination of ineligibility. Regards, Kimberly https://mail.google.com/mailnui=2&ik=8228892234&viWJ=pt&search=inbox&lh=152a330932b2a1a2&siml=152a330932b2a1a2 212 311312016 Gmail -RE: RE: RE: RE: Guidance needed Kimberly Sandstrom <kisaph@gmail.com> RE: RE: RE: RE: Guidance needed 1 message Christopher Valenzuela <ChristopherV@cupertino.org> Wed, Feb 3, 2016 at 9:48 AM To: Kimberly Sandstrom <kisaph@gmail.com>, Christine Nguyen <christinen@wvcommunityservices.org> Hi Christine, can you confirm that Kimberly will maintain her place on the waiting list should this BMR unit become eligible to be resold in the future. Thank you. Christopher "C.J." Valenzuela Senior Housing Planner 10300 Torre Avenue Cupertino, CA 95014 408. 777 .3251 (Phone) christopherv@cupertino.org (E-mail) From: Kimberly Sandstrom [mailto:kisaph@gmail.com] Sent: Wednesday, February 03, 2016 7:44 AM To: Christine Nguyen Cc: Christopher Valenzuela subject: Re: RE: RE: Guidance needed That is disappointing. I assume I remain in the current top-spot on the two-bedroom waitlist, as I was when Christine contacted me as the selected candidate on 20-Jan? I also want to make sure that Christine understands that I did not intentionally "go over her head". The City of Cupertino's published pages on the BMR program instructs the public to go to the City Clerk's office to view the municipal code on the BMR program. That is what I did. I went to the clerk's office and asked to see the code so that I could determine if I had a right to an appeal. The staff member in the clerk's office contacted C.J. I did not ask to speak with C.J. by name nor by title. I asked to see the code. Hope to hear good news soon. Regards, Kimberly https://mail.google.com/mail/?ui=2&ik=8228892234&view=pt&search=inbox&th=152a83fc83d27a82&siml=152a83fc83d27a82 1/4 3/1312016 Gmail -RE: RE: RE: RE: Guidance needed On Tue, Feb 2, 2016 at 6:11 PM, Christine Nguyen <christinen@wvcommunityservices.org> wrote: Thank you CJ for your update! Warm Regards, Christine Nguyen Program Manager, Housing Services West Valley Community Services, Inc. 10104 Vista Drive. Cupertino, CA 95014 (P) 408.255.8033 x 201 (Direct) 408.956.6112 (F) 408.366.6090 (E) christinen@wvcommunityservices.org (website) www. wvcommunityservices. org HEALTH ·HOME· HEART· West Valley Community Services, Inc. On Tue, Feb 2, 2016 at 3: 16 PM, Christopher Valenzuela <ChristopherV@cupertino.org> wrote: Hi Christine, the owner (seller) of this BMR unit is currently not eligible to resell this BMR unit in it's current structural condition. Therefore the seller will need to go through a process in order to bring this unit up to Building Code and receive a final sign off from our Building Dept. before this unit is eligible to be resold. I do not have an estimated timeframe as it depends on how cooperative the seller is on performing the necessary modifications and getting final sign off from our Building Dept. Should this BMR unit be deemed "eligible" to be resold I will notify you of the status change. Until then, this BMR unit is on hold from being eligible to be resold. Thank you. Christopher "C.J." Valenzuela Senior Housing Planner 10300 Torre Avenue Cupertino, CA 95014 408.777.3251 (Phone) christopherv@cupertino.org (E-mail) From: Christopher Valenzuela Sent: Tuesday, February 02, 2016 10:46 AM To: 'Kimberly Sandstrom' Cc: Christine Nguyen https://mail.google.com/mail/?ui=2&ik=8228892234&vifNl=pt&search=inbox&th=152a83fc83d27a82&siml=152a83fc83d27a82 214 3113/2016 Gmail -RE: RE: RE: RE: Guidance needed Subject: RE: RE: Guidance needed Christine, can you please print and put Kimberly's Jan. 29 paystub in the file. Thank you. Christopher "C.J." Valenzuela Senior Housing Planner 10300 Torre Avenue Cupertino, CA 95014 408.777.3251 (Phone) christopherv@cupertino.org (E-mail) From: Kimberly Sandstrom [mailto:kisaph@gmail.com] Sent: Tuesday, February 02, 2016 10:23 AM To: Christopher Valenzuela Cc: Christine Nguyen Subject: Re: RE: Guidance needed Hi C.J., Attached is 29-Jan paystub. Christine has 15-Jan, 31-Dec and 18-Dec paystubs. My manager advises he will have bonus confirmation around 17-Feb. My senior director said he would provide a statement, however getting the approved, official statement in a couple of weeks would be best. As you say first step is determination of whether unit is eligible for sale. Thanks for you guidance thus far. Regards, Kimberly On Tue, Feb 2, 2016 at 10:13 AM, Christopher Valenzuela <ChristopherV@cupertino.org> wrote: Hi Kimberly, the property will be inspected this afternoon by our City Bldg. Inspector to see if the property is eligible to be resold due a potential modification in the subject BMR unit. That is the first step to see whether or not the seller is eligible to resell this BMR unit. Regarding reviewing your eligibility as far as income, assets, etc ... we have yet to come to a written decision. What would be helpful is if you can submit your most recent pay stubs to-date to Christine and CC me as well. I believe you are paid bi-weekly so you may have a Jan. 2016 paystub that you have yet to submit. When is your next Feb. 2016 pay check due? Can your employer provide you with a written letter/verification of your 2016 bonus amount? It will help our https://mail.google.com/mailnui=2&ik=8228892234&view=pt&search=inbox&th=152a83fc83d27a82&siml=152a83fc83d27a82 3/4 3113/2016 Gmail -RE: RE: RE: RE: Guidance needed staff to have a fully documented complete file of your income before we can make a final decision. Thank you. Christopher "C.J." Valenzuela Senior Housing Planner 10300 Torre Avenue Cupertino, CA 95014 408.777.3251 (Phone) christopherv@cupertino.org (E-mail) From: Kimberly Sandstrom [mailto:kisaph@gmail.com] Sent: Tuesday, February 02, 2016 10:00 AM To: Christine Nguyen Cc: Christopher Valenzuela SUbjed: Guidance needed Hi Christine and C.J., Have to admit that I didn't read all the way through the 47 pages of the regulations, but I did find what I was looking for. There is a clause that allows appeal when an applicant is notified that they have been found ineligible. I'm wondering if we are at that place yet? I have an email from Christine saying I am ineligible, but no statement from the city, nor from WVCS saying I'm ineligible. My manger says the mid-year bonus will be confirmed around 17-Feb. However, I have guidance it will be less than $750. As I predicted in the statement on bonus history and outlook I provided, this is well below last year's $3, 150 mid-year bonus. Please advise whether my eligibility is still under consideration or whether I need to prepare my appeal on determination of ineligibility. Regards, Kimberly https://mail.google.com/mail/?ui=2&ik=8228892234&viem=pt&search=inbox&th=152a83fc83d27a82&siml=152a83fc83d27a82 414 Grnail -Sandstrom PreApproved and can close on time for 3/J 1/2016 COE https://rnail.googlc.com/rnail/?ui=2&ik=8228892234&view=pt&scarch= ... of 3 Kimberly Sandstrom <kisaph@gmail.com> Sandstrom PreApproved and can close on time for 3/11 /2016 COE 1 message Kelly Vogel <KellyVogel@princetoncap.com> Thu, Feb 11, 2016 at 2:17 PM To: "christinen@wvcommunityservices.org" <christinen@wvcommunityservices.org> Cc: Kimberly Sandstrom <kisaph@gmail.com>, Kelly Vogel <KellyVogel@princetoncap.com> Dear Christine and Christopher, I have been working with Kimberly Sandstrom for several months and she has already been formally approved with underwriting conditions. We have just been waiting for her to find the perfect property and it looks like she has found it! I am very excited for her and her next step towards homeownership. She has been so patient through the house hunting endeavor to find her home. To reassure both of you, Kimberly is approved and her credit, income and assets have already been reviewed by an underwriter and we have complete conditional loan approval. Since she is already approved and has all of her updated documentation on hand we are simply waiting for the following important items: 1) Ratified purchase contract and 2) Preliminary title report 3) HOA documents (if applicable) Once we have this we will request the Buyer Settlement Statement to verify all escrow and title fees. We will be able to close no later than March 11th and possible sooner if all parties are prepared. I will be able to issue a timeline to all parties to see the expectation of the milestones throughout the loan process. Please provide the fully ratified purchase contract and the escrow contact information quickly to avoid any delays. Please lee free to contact me with any further questions or concerns. I am looking forward to working with you all on this purchase transaction. 2/12/2016 10:27 AM Gmail -Sandstrom PreApprovcd and can close on time for 3/11/2016 COE https://mail.google.com/mail/?ui=2&ik=8228892234&view=pt&scarch= ... of 3 Regards- Kelly 1 ij fClick here to see what my clients are saying! Kelly Vogel Loan Officer NMLS 290572 Tel: 408.981.9128 eFa:t: 408.335.1134 t 2029 Saratoga-Sunnyvale Road Saratoga, CA 95070 Kelly Vogel Loan Officer NMLS 290572 Princeton Capital kellyvogel@princetoncap.com www.princetoncap.com/kellyvogel 12029 Saratoga-Sunnyvale Road Saratoga, CA 95070 408.981.9128 Tel 408.335.1134 eFax kellyvogel@princetoncap.com http://www.princetoncap.com/kellyvogel Princeton Capital is a Residential Mortgage Lender, and an AMR Financial company, licensed by the California Department of Business Oversight under the California Residential Mortgage Lending Act, license #415-0027. 2/12/2016 10:27 AM Gm ail -Sandstrom PrcApproved and can close on time for 3/ J l/2016 COE https://mail.google.com/mail/?ui=2&ik=8228892234&vicw=pt&search= ... of 3 The information in this electronic mail message is the sender's confidential business and may be legally privileged. It is intended solely for the addressee(s). Access to this internet electronic mail message by anyone else is unauthorized. If you are not the intended recipient, any disclosure, copying, distribution or any action taken or omitted to be taken in reliance on it is prohibited and may be unlawful. ._Please consider the environment before printing this email. 2/12/2016 10:27 AM EXHIBIT 3 CITY OF CUPERTINO HOUSING MITIGATION PROGRAM DEFINITION OF GROSS INCOME Part 5 Inclusions This table presents the Part 5 income inclusions as stated in the Code of Federal Regulations. General Category Statement from 24 CFR 5.609 paragraph (b) (April 1, 2004) ''"''''""'"'""""""""""--··"'"""""""-''""''""""'""""""'"""'"''""'""'""'""""""''"""''"""'"'"'""'""'"'"""""'""''"'""''"''' I Income from · The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, wages, salaries, tips, tips and bonuses, and other compensation for personal services. etc. 2. Business Income 3. Interest & Dividend Income ....................... -............................................... • 4. Retirement & Insurance Income The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in· a business or profession may be deducted, based on straight-line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family. Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in number 2 (above). Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of-$5,000,-annual-income-shall-include the-greater-of-the actual income derived-from all -net-family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD . The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in number· 14 of Income Exclusions). 5. Unemployment & Payments in lieu of earnings, such as unemployment and disability compensation, worker's Disability Income compensation, and severance pay (except as provided in number 3 oflncome Exclusions). 6. Welfare Assistance 7. Alimony, Child Support, & Gift Income Welfare Assistance. Welfare assistance payments made under the Temporary Assistance for Needy Families (T ANF) program are included in annual income: Qualify as assistance under the T ANF program definition at 45 CFR 260.31; and Are otherwise excluded from the calculation of annual income per 24 CFR 5.609(c). If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of: t the amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus the maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is reduced from the standard of need by applying a percentage, the amount calculated under 24 CFR 5.609 shall be the amount resulting from one application of the percentage. Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling. 8. Armed Forces All regular pay, special day and allowances of a member of the Armed Forces (except as provided in Income number 7 oflncome Exclusions). EXHIBIT 3 Part 5 exclusions This table presents the Part 5 income exclusions as stated in the Code of Federal Regulations. ····-··--··-····-·-·-····-·"'''''''''---·-·---·--·-"--·---··-·---····--.. -·--··---··--.. --···-··--··-""""" _______ ,, ___ , ____ ,_,, _____ ,j i General Category Statement from 24 CFR 5.609 paragraph (c) (April 1, 2004) I Lfu:~~ii;t;~f ..... . .. .. ·-··. ......................... .. ··············! Income from employment of children (including foster children) under the age of 18 years. . ',<;:"!1!.l~~~I!,,.,_,,,_,,,.,,,,,,, ....... ,,,,,,,, ............... _, ___ ,,,, .••... ,,,,.,,,,,,,.,,,,,.,,,.,.,,,, ____ ,,,, __ ,, __ .,,,,.,,,,,,,,,,,_,,_ .. ,.,,.,,, .•••• ,,_,,,,,. _____ .,,,,,,,,,,,.,,,,,,,,,,,,.,,,,.,,,,.,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,_ l : 2. Foster Care Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant I ; Payments family, who are unable to live alone). . i ; .. , •. _ _. ____________________ . __ ,,,_, __ , __ ,_,,_.,. _____ , __ ,, _______________ ,,_,,,,, ... ___ I ; 3. Inheritance and Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident ! : Insurance Income insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in I :·-----·----·---~~~~~~~~~~~~~~!.'.'~~:---·---------·-·------·--·-·-----------.. --------,., .. ,, ......... -.. ! / 4. Medical Expense Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family I , Reimbursements member. I tr1iicomeor-rrvii=rn·-......... _. __ ... ____ .. _. ___ ............... _ .... _ ... _ .. ___ , __ ,, __ .. , ... _. _____ .. ,_ .. ___ ........................... _ .... __ ,.,_,, _____ ,, .. ,, .......................................... ---1 i Aides Income ofa live-in aide (as defined in 24 CFR 5.403). i fltrn~abl~d Person,,~c;;f;~ in~~n income Tadisabled member of qualifi;d"'fu;;illi;';;idin;~E-assisted housin;~r rec~~g-HOME-1 ! tenant-basedrental assistance (24 CFR 5.671(a)). i ·-··-·--·-·"""""""''" __ .,,,,,,,.,_.,,,,,,_,,,,,,,,,,,,,.,,,,,.,_., __ ,,,,,,,,,,,,,,,.,,,,,,,_,,,,,, __ .,,_,,,,,,,,.,,,,,,,,.,.,,,,,,,,,,,,,,,,,,,,,,,,,,._,,,, .• __ ,,_,,,,,, ___ ,,,,,, __ ._. __ ,,,,,,,,,,,,,,,,,_,,,,,,,,, ,,,,,,,,,,,.,,,,.,,,,,,_,_, : 7. Student Financial j \Aid The full amount of student financial assistance paid directly to the student or to the educational institution. : ; .. .-.. -------·-·-"·------.. ·---------.. ------------,,,,-.. -______ ,,,, _________ ,,,,,,,, ___ , _______ ,,. ___ ,,,,_,,,_, =8. Armed Forces i ' I :f:I':'ll'.il~J.'i~.~.~l'. ... i 9. Self-Sufficiency i Program Income ' ,,,,,,,,,J The special pay to a family member serving in the Armed Forces who is exposed to hostile tire. a. b. c. d. e. Amounts received under training programs funded by HUD. Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set side for use under a Plan to i l Attain Self-Sufficiency (PASS). Amounts received by a participant in other publicly assisted programs that are specifically for, reimbursement of, out-of-pocket expenses incurred (special equipment, clothing, transportation, childcare, etc.) and which are made solely to allow participation in a specific program. or in I Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) received by a resident for perfonning a service for the PHA or owner, on a part- time basis, that enhances the quality of life in the development. Such services may include, but arc not limited to, tire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time. Incremental earnings and benefits resulting to any family member from participation in qualifying state or local employment training programs (including training not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program. :io. Gifts ·:r;;;;;;~;:;;;;;:~~;;;;;~~g:·~;~p~~dl~,,l~~;;;;;;("j~.;j';;dj~g-glft;l~···········--···-···· .. ····-"""""'"""""""'"""'·""'""""'""•' .... ,,.......... .. ·········· I i 'ii" Rep~;;;tio~ ........... -.R:;;;;;,;ti~;;-p;;.;;;;;;;;;;;Jt;;;-fu;eign -;~;,;;;~eni0;urs.;;~tt~~];j;~fi-j;;j-~-~d~;th;Ta;;·~fth:rt";J";-e~-,;:;~~i'b~-;~;;;;~; .......... , I : who were persecuted during the Nazi era. i , __ ,, .. _, __ ,_,,,,,,,,_,,,,,, _______ ,,,_,,,,,, __ .,, __ ,, ______ , __ ,,,, ______ .,_,,,,, _____ , ________ ,,,, ______ ,,_,,,_1 : 12. Income from \ .. 1 Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household or spouse). : 13. Adoption : Assistance Adoption assistance payments in excess of$480 per adopted child. ; Payments I ~ ........... _. ____ ,, __ , .. _ .......... ____ ,,,_ ............ --. ................ _ .. _____ _._ .. ,,_. ____ ·-----·-.. -··----........ -......... _,,,,.,,_ ... __ ,_,,, ______ ,,_I : 14. Social Security Deferred periodic amounts from SS! and Social Security benefits that are received in a lump sum amount or in 1 : & SSI Income prospective monthly amounts. I rts-:P;:;;;;-rtYT";;~----Amo,;;t; recci~';;°,i1;),"'(h;-f;mily0f;;"the fo~.,;;fr';;"funds ;;;:-;;;I;;i~-'";i~t;;;;;"-;;;·1~ .. fu;j;~pertY .. ~s paid·~;··lh~-1 : ~:.:::e Care ···· :~~:::~~~;i·b;;·~~i~t~··~g~~~Y !~·~··r~;;:;ff;;·;iiil~··;;:;;;;i;;·;t;~j;;;;·d~~~i~;;;;:;·;t;;i<li~;!;iii!Y·;~;n~ii~i~g··;;:h~;;:;~··;~·~iis; ·····I : Assistance the cost of services and equipment needed to keep this developmentally disabled family member at home. l EXHIBIT 3 16. Horne Care Amounts paid by a state agency to a family with a member who has a developmental disability and is living at home to offset the Assistance cost of services and equipment needed to keep this developmentally disabled family member at home. 17. Federal Exclusions Other Amounts specifically excluded by any other federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions of 24 CFR 5.609(c) apply, including: • The value of the allotment made under the Food Stamp Act of 1977; • Payments received under the Domestic Volunteer Service Act of 1973 (employment through VISTA, Retired Senior Volunteer Program, Foster Grandparents Program, youthful offender incarceration alternatives, senior companions); • Payments received under the Alaskan Native Claims Settlement Act; • Income derived from the disposition of funds to the Grand River Band of Ottawa Indians; • Income derived from certain submarginal land of the United States that is held in trust for certain Indian tribes; • Payments or allowances made under the Department of Health and Human Services' Low-Income Home Energy Assistance Program; • Payments received under the Maine Indian Claims Settlement Act of 1980 ( 25 U.S.C. 1721); • The first $2,000 of per capita shares received from judgment funds awarded by the Indian Claims Commission or the U.S. Claims Court and the interests of individual Indians in trust or restricted lands, including the first $2,000 per year of income received by individual Indians from funds derived from interests held In such trust or restricted lands; • Amounts of scholarships funded under Title IV of the Higher Education Act of 1965, Including awards under the Federal workstudy program or under the Bureau of Indian Affairs student assistance programs; • Payments received from programs funded under Title V of the Older Americans Act of 1985 (Green Thumb, Senior Aides, OlderAmerican Community Service Employment Program); • Payments received on or after January 1, 1989, from the Agent Orange Settlement Fund or any other fund established pursuant to the settlement in the In Re Agent Orange product liability litlgatlon,M.D.L. No. 381 (E.D.N. Y. ); • Earned income tax credit refund payments received on or after January 1, 1991, including advanced earned Income credit payments; • The value of any child care provided or arranged (or any amount received as payment for such care or reimbursement for costs incurred for such care) under the Child Care and Development Block Grant Act of 1990; • Payments received under programs funded in whole or In part under the Jab Training Partnership Act (employment and training programs for Native Americans and migrant and seasonal farm workers, Job Corps, state job training programs and career intern programs, AmerlCorps); • Payments by the Indian Claims Commission to the Confederated Tribes and Bands of Yakima Indian Nation or the Apache Tribe of Mescalero Reservation; • Allowances, earnings, and payments to AmeriCorps participants under the National and Community Service Act of 1990; • Any allowance paid under the provisions of 38 U.S.C. 1805 to a child suffering from splna bifida who is the child of a Vietnam veteran; • Any amount of crime victim compensation (under the Victims of Crime Act) received through crime victim assistance (or payment or reimbursement of the cost of such assistance) as determined under the Victims of Crime Act because of the commission of a crime against the applicant under the Victims of Crime Act; and • Allowances, earnings, and payments to individuals participating in programs under the Workforce Investment Act of 1998. FAMILY INCOME (U.S. Government Publishing Office, 2016); §5.609 Annual income. Link to an amendment published at 81 FR 12370, Mar. 8, 2016. (a) Annual income means all amounts, monetary or not, which: ( 1) Go to, or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or (2) Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and (3) Which are not specifically excluded in paragraph (c) of this section. (4) Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access. (b) Annual income includes, but is not limited to: (1) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services; (2) The net income from the operation of a business or profession. Expenditures for business expansion or amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation of assets used in a business or profession may be deducted, based on straight line depreciation, as provided in Internal Revenue Service regulations. Any withdrawal of cash or assets from the operation of a business or profession will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested in the operation by the family; (3) Interest, dividends, and other net income of any kind from real or personal property. Expenditures for amortization of capital indebtedness shall not be used as deductions in determining net income. An allowance for depreciation is permitted only as authorized in paragraph (b)(2) of this section. Any withdrawal of cash or assets from an investment will be included in income, except to the extent the withdrawal is reimbursement of cash or assets invested by the family. Where the family has net family assets in excess of $5,000, annual income shall include the greater of the actual income derived from all net family assets or a percentage of the value of such assets based on the current passbook savings rate, as determined by HUD; (4) The full amount of periodic amounts received from Social Security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, and other similar types of periodic receipts, including a lump-sum amount or prospective monthly amounts for the delayed start of a periodic amount (except as provided in paragraph (c)(14) of this section); (5) Payments in lieu of earnings, such as unemployment and disability compensation, worker's compensation and severance pay (except as provided in paragraph (c)(3) of this section); (6) Welfare assistance payments. (i) Welfare assistance payments made under the Temporary Assistance for Needy Families (TANF) program are included in annual income only to the extent such payments: FAMILY INCOME (U.S. Government Publishing Office, 2016) Page 1of4 (A) Qualify as assistance under the TANF program definition at 45 CFR 260.31; and (B) Are not otherwise excluded under paragraph (c) of this section. (ii) If the welfare assistance payment includes an amount specifically designated for shelter and utilities that is subject to adjustment by the welfare assistance agency in accordance with the actual cost of shelter and utilities, the amount of welfare assistance income to be included as income shall consist of: (A) The amount of the allowance or grant exclusive of the amount specifically designated for shelter or utilities; plus (B) The maximum amount that the welfare assistance agency could in fact allow the family for shelter and utilities. If the family's welfare assistance is ratably reduced from the standard of need by applying a percentage, the amount calculated under this paragraph shall be the amount resulting from one application of the percentage. (7) Periodic and determinable allowances, such as alimony and child support payments, and regular contributions or gifts received from organizations or from persons not residing in the dwelling; (8) All regular pay, special pay and allowances of a member of the Armed Forces (except as provided in paragraph (c)(7) of this section). (9) For section 8 programs only and as provided in 24 CFR 5.612, any financial assistance, in excess of amounts received for tuition, that an individual receives under the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or from an institution of higher education (as defined under the Higher Education Act of 1965 (20 U.S.C. 1002)), shall be considered income to that individual, except that financial assistance described in this paragraph is not considered annual income for persons over the age of 23 with dependent children. For purposes of this paragraph, "financial assistance" does not include loan proceeds for the purpose of determining income. (c) Annual income does not include the following: (1) Income from employment of children (including foster children) under the age of 18 years; (2) Payments received for the care of foster children or foster adults (usually persons with disabilities, unrelated to the tenant family, who are unable to live alone); (3) Lump-sum additions to family assets, such as inheritances, insurance payments (including payments under health and accident insurance and worker's compensation), capital gains and settlement for personal or property losses (except as provided in paragraph (b)(5) of this section); (4) Amounts received by the family that are specifically for, or in reimbursement of, the cost of medical expenses for any family member; (5) Income of a live-in aide, as defined in §5.403; (6) Subject to paragraph (b)(9) of this section, the full amount of student financial assistance paid directly to the student or to the educational institution; (7) The special pay to a family member serving in the Armed Forces who is exposed to hostile fire; FAMILY INCOME (U.S. Government Publishing Office, 2016) Page 2 of 4 (8)(i) Amounts received under training programs funded by HUD; (ii) Amounts received by a person with a disability that are disregarded for a limited time for purposes of Supplemental Security Income eligibility and benefits because they are set aside for use under a Plan to Attain Self-Sufficiency (PASS); (iii) Amounts received by a participant in other publicly assisted programs which are specifically for or in reimbursement of out-of-pocket expenses incurred (special equipment, clothing, transportation, child care, etc.) and which are made solely to allow participation in a specific program; (iv) Amounts received under a resident service stipend. A resident service stipend is a modest amount (not to exceed $200 per month) -received by a resident for performing a service for the PHA or owner, on a part-time basis, that enhances the quality of life in the development. Such services may include, but are not limited to, fire patrol, hall monitoring, lawn maintenance, resident initiatives coordination, and serving as a member of the PHA's governing board. No resident may receive more than one such stipend during the same period of time; (v) Incremental earnings and benefits resulting to any family member from participation in qualifying State or local employment training programs (including training programs not affiliated with a local government) and training of a family member as resident management staff. Amounts excluded by this provision must be received under employment training programs with clearly defined goals and objectives, and are excluded only for the period during which the family member participates in the employment training program; (9) Temporary, nonrecurring or sporadic income (including gifts); (10) Reparation payments paid by a foreign government pursuant to claims filed under the laws of that government by persons who were persecuted during the Nazi era; (11) Earnings in excess of $480 for each full-time student 18 years old or older (excluding the head of household and spouse); (12) Adoption assistance payments in excess of $480 per adopted child; ( 13) [Reserved] (14) Deferred periodic amounts from supplemental security income and Social Security benefits that are received in a lump sum amount or in prospective monthly amounts, or any deferred Department of Veterans Affairs disability benefits that are received in a lump sum amount or in prospective monthly amounts. (15) Amounts received by the family in the form of refunds or rebates under State or local law for property taxes paid on the dwelling unit; (16) Amounts paid by a State agency to a family with a member who has a developmental disability and is living at home to offset the cost of services and equipment needed to keep the developmentally disabled family member at home; or ( 17) Amounts specifically excluded by any other Federal statute from consideration as income for purposes of determining eligibility or benefits under a category of assistance programs that includes assistance under any program to which the exclusions set forth in 24 CFR 5.609(c) apply. A notice will be FAMILY INCOME (U.S. Government Publishing Office, 2016) Page 3 of 4 published in the FEDERAL REGISTER and distributed to PHAs and housing owners identifying the benefits that qualify for this exclusion. Updates will be published and distributed when necessary. (d) Annualization of income. If it is not feasible to anticipate a level of income over a 12-month period (e.g., seasonal or cyclic income), or the PHA believes that past income is the best available indicator of expected future income, the PHA may annualize the income anticipated for a shorter period, subject to a redetermination at the end of the shorter period. [61 FR 54498, Oct. 18, 1996, as amended at 65 FR 16716, Mar. 29, 2000; 67 FR 47432, July 18, 2002; 70 FR 77743, Dec. 30, 2005; 79 FR 36164, June 25, 2014] Here is what is found by following the link to the 8-Mar amendment above paragraph (a) Amendment(s) published March 8, 2016, in 81 FR 12370 EFFECTIVE DATES: April 7, 2016 5. Amend §5.609(b)(9) by adding the phrase "and any other required fees and charges" after "tuition" in the first sentence. ; U.S. Government Publishing Office. (2016, March 10). ELECTRONIC CODE OF FEDERAL REGULA T/ONS. Retrieved March 14, 2016, from FDsys: GPO's Federal Digital System: http://www.ecfr.gov/cgi-bin/text- idx?rgn=div5&node=24:1.1.l.1.S#se24.1.5_1609 FAMILY INCOME (U.S. Government Publishing Office, 2016) Page 4 of 4 2.4 Annual Gross Income (City of Cupertino, Housing Division, Department of Community Development, 20 l 5)i Annual household income is defined pursuant to the U.S. Code of Federal Regulations and provided on the website of the U.S. Department of Housing and Urban Development at: http://www.h ud. gov I offices/cpd/ afforda b I e ho using/training/we bl calculator/ de fin iti ons/ part5 . cfm Exhibit 3 provides the definitions of what is included and excluded from the determination of annual gross i_ncome in accordance with the U.S. Code of Regulations. In summary, gross household income is the sum of all the income for every adult, 18 years or older, living in the unit. Sources of income include all wages or salaries, overtime pay, commissions, fees, tips, bonuses and other compensation, net income from a business or profession or from the rental ofreal or personal property, interest and dividends, payments received from social security, annuities, insurance policies, retirement funds, pensions, disability or death benefits, payments in lieu of earnings, public assistance, alimony and child support received, and any other sources of income . . u.S. department ofB:ollsillg a~dUrbanb6v~lripn1~nt Secretary Julian Castro Sile.Ma~ A..zfnoex : Text C:.A..A r-----------·----· L$~~:.i;.~ J E.OllE PR.ESSROOll .lt.UDU:SC'ES ST.t:rrt.NfO PROGRAllOfHCES 11'.0PJC • .\RE...lt.S ~\E-01.Jfil'"D RESOURCES CO~"T-.\CTUS HUD > Program-Oflices > Cornmunitv Plannlng and Developntemt > Arford,lblt? Housing > lfOME Tritming > HOME Froot-ln!emctive Technfc:oJ Support for lhe HOME Program > CalcWa!lflg Income Ellgllllllty > > Page Not Found. ~Ne're. 5orry1 Ti"-is page i:arr,ot 00 f®r:cL Please visit the l:llf.P~ cr lt!i'e tJ~e EJE:arch be:-. abvvoe tc fird •11'1"'-at you are lccl->lngfcr. U.S. Oepanm~nl tif Housmp and Urban Oe•teJopment 451 7th Street S.W .. Washington. DC .2[]4 io Telephone: (202) 709-1112 TTY: (202} 708-1455 Flntl tho otldress of the HUD office nearyou ..:> Prin~ Friendly-Version Above is screen shot of what is found by following the link in the POLICY AND PROCEDURES MANUAL FOR ADMINISTERING DEED RESTRICTED AFFORDABLE HOUSING UNITS provided by C.J. ; City of Cupertino, Housing Division, Department of Community Development. (2015, September 10). City of Cupertino's POLICY AND PROCEDURES MANUAL FOR ADMINISTERING DEED RESTRICTED AFFORDABLE HOUSING UNITS. Cupertino, California, United States. Statement Regarding History and Outlook of Performance Bonuses I asked Christine if my application can be processed for the BMR Purchase Program in Cupertino, even though my gross pay for 2015 was slightly over the limit of $102,000. My annual salary is $96,000, and my average gross pay over the last three years is $94,473. In 2015, I received three cash bonuses: $5,850 Performance Bonus (all employees with a successful or better performance rating are eligible for this bonus when the company achieves its goals, subject to management approval); $833 Special Recognition Bonus (the manager of another group nominated me for this bonus when I served her group as well as my own during the 2014-2015 winter furlough when most employees were absent); $250 Wellness Bonus (this bonus is paid to employees who meet biometric standards and participate in wellness activites). These totaled $6,933, and I believe it is very unlikely that I will receive bonuses of this magnitude going forward: In 2015, I also received my only Equity Award. This is a stock option that will vest over four years with an estimated value of $3,000. For the calendar years 2013, 2014 and 2015, I have seen my cash performance bonuses steadily decline, both in total dollars and as a percentage of gross pay. The highest bonus year was 2013, when I received a bonus of $8,000 or 9.0% of my gross pay. In 2014, my performance bonus was $6,000 or 6.6% of my gross pay. In 2015, my performance bonus was $5,850 or 5.6% of my gross pay. See page three for a table that summarizes my performance bonus history. See pages four through six for my final yearly pay stubs with a calculation of performance bonus as a percentage of gross pay. Finally, bonus and promotion documents are attached at the end as an appendix. My company's decision to pay performance bonuses is made twice a year, based on several factors, including the company's financial and quality performance. With the recent trends in demand for personal computers, the stock market and the economy at large, I think it is very unlikely that I will see a mid-year performance bonus this year. I predict that if any performance bonus is approved, it will be very slight. The next page shows my company's stock performance from 2-Jul-2012 until 21-Jan-2016, which I downloaded from http://investor.shareholder.com/seagate/stockquote.cfm. Although I don't believe Seagate's board makes decisions on funding employee performance bonuses based solely on the stock market, it seems likely they will be feeling constrained in their ability to fund bonuses. The second image shows the end of calendar year stock price for 2011-2015. I believe my company is sound, and I am confident that I will receive my base salary in 2016. However, I do not believe I will receive gross pay over $102,000 in 2016. I humbly ask that you consider my overall application and not penalize me for my exemplary service to my employer in 2015 that resulted in my gross pay being higher than usual. My family urgently needs affordable housing near work and school. If the city deems it necessary for me to refuse performance bonuses that result in annual gross pay greater than $102,000, I will gladly refuse such bonuses. Best Regards, Kimberly Sandstrom Friday, January 22, 2016 Page1 Stock Chart flj SlX I COMP Lil SPX 70 20 2.012 16000~ ~HJ~Jtilk~ltfdl~lftdrtih~.l.,,J1'1«·H1!J• ... ,.. ·r;; U lntrada•1 ~ His:tory 2012 07/02/2012 wt! Ol/2l/2016 idlJ R~fresh ., Year End Stock Prices Friday, January 22, 2016 ao -60 U> Q) so u ;t 40 .:.:: u 30 0 .... I/) 20 10 0 2013 2013 ~ Nasdaq Composite ~ S&P500 2011 2012 Page2 2013 Year 2014 2014 2014 2015 2015 2015 Summary of Awards History Date Award Type 28-Feb-13 Mid -Year Key Contributor Performance Bonus 30-Aug-13 Year-End Key Contributor Performance Bonus 28-Feb-14 Mid -Year Key Contributor Performance Bonus 29-Aug-14 Year-End Key Contributor Performance Bonus 31-Jan-15 Reward and Recognition Award 27-Feb-15 Mid -Year Key Contributor Performance Bonus 28-Aug-15 Year-End Key Contributor Performance Bonus 28-Aug-15 Equity Award Estimated Value (stock option) 26-Feb-16 Mid -Year Key Contributor Performance Bonus Friday, January 22, 2016 Page3 Award Amount Estimated Value Vesting Period $3,000.00 $5,000.00 $2,000.00 $4,000.00 $833.33 $3,150.00 $2,700.00 $3,000.00 4 years $737.00 Final pay stub for 2013 Pe1formanceBonus = $8000 ~ 9.0% GrossPay $88670 Seagatfi Ci~~~ ~; ·u~ . . . ., .... . •• 10200 S. DE ANZA BLVD CUPERTlNO, CA 95014 868-324-3223 487'-0001 T.>:mblo MstJll SllllUS: MlU'l'led E~m!OS$o Regular Sick Pref Eknls Vacation 11\'e!Mss Ee tkoducdons ER!qlllans(IJ"""'"CS: Feder.II: 2 Oii: ] 39 . 6200 72 . 00 39 .6200 B.00 Statutory Federal ll'ICO!ll! TlllC Social Sl!al'ity Tax Medicalt Tax CA Sbde 1ncamtt TaK Oth•r Ad&D Chedllng 1 Child SllA> Life Dental Pll!lax Espp Medical PrelaK Spcus &ff life Vslm Pretu 401K Pretix RefiJnd 2,852.64 3111 .Ile ·2D5.1d ·188 .31 -44.04 -69.68 -D.114 -1,897.118 ·D,llQ -18.D2' -3111.Qll · 1116 .76' ·1.74 -7.111' -221 .87' • Excluded from federal tauble wages ~9tltl!I ~SEAGATE US U.C .,,.,T.... 1(12!J(Ji s. OE /lHZA BLVD CUPERTINO , CA 1151114 866 324 3225 D!IJOl!lllld to Ille account or KIMEIERLY J SANDSTROM-f>llU.IP.!:_=:_ . ---~~~ ~ ~ -- ·----_-:_-:..:=-----~ Friday, January 22, 2016 .,,.., ta dalo Earnings Statement Period Begiming: Period Ending: Pay l:>at&: 121ll2Q013 12/1!ilZ013 12J20/2013 KAIBERLV J SANDITROM.PHJWPS 10302 TERRY WY 111 CUPERTINO CA 554114 7il,bM.~ 1}32.48 9,00D.00 1, 538. llD 100.00 SS, l!eQ. 60 Yotr federal tax~e wages this period ;re $2,815 .34 other Beneftls .and lnform;i.tlon 9,237. 12 5,202.68 1,216. 76 2,437.IM 21.44 17. IH -'KJS. 52 7 ,441.44 4,0BQ.IM 45.24 197. 06 5,630.82 -21.. Tl Vac Amwl Vac Balance 401K & Matd1 -------------------;; ;; aCi:ount oormar 3.7D 93.:2.1> 00.00 000011514776 1~13 hnal ABA XXlOC XXlOC lolM to d1r. 2,417.14 3,4-40.56 78,274.36 CPCA·t $1.997. 99 NON-NEGOTIABLE ------------------· ------------------------Page 4 Final pay stub for 2014 PerformanceBonus = $6000 R:i 6.6% GrossPay $90286 Seagate~;~~ ~;~c·. . . .,. ..... ,. 10200 S. DE ANZA BUD CUPERTINO, CA 95014 866-314-3225 nal>ll M-1 Slallls: Bl'ltlfe ~-"'"' F-: 2 519Hl00l Cito: 2(Helld of Hou:s•"'*11 Ctodudons 0oclal El!Dl'll' NUmer. XlCX·XX"4774 .. boun; 1111< """"" 43 .1800 llO '00 3, 454 .40 Statutory Fe<lsal 1nocme TaJI Social Seariy Tax Med'icant Tax CA Stlll1t fmorlll! Till( Othfr Ad&D Child StJA1 Life Dentll Prem en..,~ Lifll Espp Ud&Plid Med'Jcal f'Alli!IC Vislcn Pretlic 401K Pn!tax 4ll1K Rolh % Rl!!Und Spoos si.w life 4ll1K Catdl ~ -522.58 -209.18 --48 .ll2 -117.44 -3.M ·0.69 -11.30" -10.IHI .345 .44 -7.25 • 78.47' ·4.68' -241.81' -34.M $el'f\I~~ ~ SEAGAlE US LlC •\"'"' '"" HJ200 S, DE NflA BLVD CUPERllNO , CA 00014 866 324 3225 KJMBEIU.Y J SANDSmOM _ _ ·--------------- ---- --~ Friday, January 22, 2016 --=-= =-::. ----------- r., lo - 79,D47.04 316.ll!J 6,000.00 1,267.84 3,41!6.56 100.00 llO. 268.<l-O Earnings Statement Period 8ejjrring: Period Ending: Pay Dale: 17JIJ1/2014 12/14t.z014 12/lllt.z014 KIMBERLY J SANDSTROM 10302 TERRY WY #I CUPERTINO CA 95014 Other 11!1• pellDd 401K Roth Cu 'lo'. Ne War: .. llllll w ilA ,811-.4= Oiecki1g 1 ·1,817.45 Nel.£hegc, -m lillfll !Ai~ • Excluded from fedenl taxable vr.iges YHt lo dot. B7t .38 11,472.41 5,4&.15 1,277.67 2,688.41 YOU" federal laxilllle w;ages this period a111 $3, 118.14 Other Benefits and lnfi:irmatli:in lihlo ....... 88.90 17 .114 293.80 200.44 B,411. 84 176.70 2,040.22 121.69 5,888.26 lm.54 ·47.71 B.12 4,828,(12 Va;, AOCJu3 Vao Baance W2Grp Gii 401 K Et Malcl1 Hsa & Malx:h Espp Pld W1 Box 1 ~Shill Advice nurnbef: Pay dae: ..: = ~---_::..::. =~ --------------------,;;: ~ .0001111 1111!0081' lClOOOOCXXX2Bl8 4.!12 123 ."8 13.SO fll1.C3 OOOOO!it5()94 1:?110f.n14 lran1l ADA )000( )000( 302.58 2, 623 .li8 I, 200 .CO 3, 661.-44 77,3911.40 CPCA·1 1Mliil#IU $1.817.45 NON-NEGOTrABLE Page 5 Final pay stub for 2015 P e1formanceB011us GrossPay $5850 ----RJ5.6% $104480 . . . . it;) S H :lA TE. SFAG.41E US LLC .., I #0200 s. DE ANZA Bl.llD CIJPERilNO, CA 95014 ~ To:ubll! M--8hJte ~-'Mms: F-I Cll: 7(Helld OI Homef!Gld) Eo.mlng~ Rejjular 46.1600 SO.Oii 3,692.BD E!:tJ SIA: Gain Pelf Bmius s Rl!cDsJ! Im Sidi Vacation 'V'Mrle95 Ee C1$dyodons Stabdory FeJEr.li lnoonE Tax Social Secuity Ta Med'iciSe TilX CA Sta hlcrne Tax Oth!r Ad&D ~Seipp ure Espp I.Id & Paid -401K PrelM -401K Rath "· Quld Sllf.l> Life Ot!nl3I Prmx Esp Slack Gain Medical Pn!tax Refllnd VISIDll Pma!c 4;\ $EA (i.A rE SE'AGO.TE US lLC V/ 10200 S. DE ANlA BLVD CUPERTINO , CA llOOl4 868 ~ 3225 l!!p!!!ltaa lo Ille 1CCG!D!I or Klllll:IERLY J 111.NDSTIWll .m .55 ·228 .D6 ·53.M • 122.57 -3.111 ·20.64 ·389 .28 ·1.75 ·258 .liO" ·38.113 . ---;;..~~ E: -- ·---!Oii --------------- -- - Friday, January 22, 2016 -1iJ dllt. 89,876.16 702.01 5,B!i0.00 1333.33 345.44 fl.!IZl.31 250.00 104,400.14 Earnings Statement Period Be9ming: Perilllf Encing: Pay nm: 1211'4r.1015 12127/2015 12131/2015 KIMBERLY J SANDSTROM 10302 TE.RRY WY ft CUPERTINO CA 95014 Other n P'fflOd 401 K c:atdl 4> 401K Rolh CU 'l'. NeWay..., .... ..., d212Gl.1S.. ChecU!g 1 ·2,262.18 • Excluded from ti!der.11 taxable wagu l'NI' lo -5,253 .15 7'"' .85 Q,ll03.lll 6,315.28 1,476.116 3,238.14 YOU" fedefllll taxallle Yfi111!!5 this paiod are $3,434.:JO OCher Benefits and lnfi:irmo.~h:•n fllllc ptHllHI 102.57 441.411 Q,684.43 :m.1.25 6,770.22 008.43 17.94 293.80 702.01 2,21D.:MI ·67.30 121.68 ----------------------~ ::; ~ aCi:cimt ntJIOOllf' 38.01 4.62 1112 .82 111J.78 OGll0053A7.48 12131.@15 hit .. ABA XlOCX XlOCX 2,005.26 I, 200 .00 7DG.92 •.002.118 00,528 .115 CPCA·1 llllOUlll $2.262. 16 NON-NEGOTIABLE -----··· -·--------·-··---·--·--------Page 6 ---------·---- Page 1of4 Grievance of Kimberly Sandstrom Re: Ineligibility Determination 11-Feb-2016 Date: February 12, 2016 To: Sujatha Venkatraman, Director of Stability Support, West Valley Community Services, Inc. I am disputing the determination made by your staff, Christine Nguyen, that was communicated to me as an email attachment around 6:50 pm, 11-Feb-2016. My dispute arises from two sources: (1) errors made by your agency in calculating my anticipated annual income, as required in 24 CFR 5.609, and {2) issues related to the availability for resale of the BMR unit that initiated an invitation by Christine to submit my application on 20-Jan. In support of (1), I provide here hyperlinks to electronic CFR, as well as a screen shot {from the second hyperlink) of a portion of the regulations related to eligibility determination under general HUD program requirements. I have added a red outline for emphasis of the error. http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=24:1.1.1.1.~ http://www.ecfr.gov/cgi-bin/text-idx?rgn=div5&node=24:1.1.1.1.S#se24.1.5 1609 FAMILY INCOME t. Back to Top §5.609 Annual Income. (a) Annual income means all amounts, monetary or not, which: (1) Go to, .or on behalf of, the family head or spouse (even if temporarily absent) or to any other family member; or (2) Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and (3) Which are not specifically excluded in paragraph (c) of this section. (4) Annual income also means amounts derived (during the 12-month period) from assets to which any member of the family has access. (b) Annual income includes, but is not limited to: (1) The full amount, before any payroll deductions, of wages and salaries, overtime pay, commissions, fees, tips and bonuses, and other compensation for personal services; In support of (2), to the best of my knowledge, the BMR unit in question was determined to be ineligible for sale in the BMR program on 2-Feb, per email communication with C.J. Valenzuela, Senior Housing Planner for the City of Cupertino. On 11-Feb, I learned from attending the Housing Committee meeting at 9am at City Hall, that the unit was reinspected and C.J. announced that it was determined eligible for sale on 9-Feb. Page 2 of 4 Discussion of {1) errors made by your agency in calculating my anticipated annual income, as described in 24 CFR 5.609. Before submitting my application, I realized that my gross pay for 2015 exceeded the limit for my family. I emailed Christine on 21-Jan, asking her to confirm that I was eligible given this fact and emphasizing that one-time bonus was a contributing factor. Christine stated that my qualification could only be assessed if I applied and provided all requested documents. This Is strong evidence that being over limit in the past does not indicate ineligibility in the present, and aligns with 24 CFR 5.609 (a)(2) which states that annual income means all amounts which Are anticipated to be received from a source outside the family during the 12-month period following admission or annual reexamination effective date; and Christine suggested that I include a bonus statement with my application and supporting documents, and so I provided a detailed statement on history of bonuses as well as outlook for this year, given pertinent factors affecting my industry and the economy at large. In the statement, and during discussions with Christine, I indicated that I am unlikely to receive another Special Recognition Bonus, as that bonus was paid in Jan.2015, in recognition of outstanding contributions during the Winter, 2014 Furlough, and was a one-time event. I also indicated that the Wellness Bonus Is only paid to employees who participate in wellness activities. I confirmed that I am not participating this year, and will be ineligible for this bonus. I met with Christine and C.J. at 2pm on 11-Feb-2016 at WVCS. I asked them to detail how my anticipated annual income was determined. The explanation was that my three most recent paystubs (as of 25-Jan.) were examined following my submission of the completed application, fee and all supporting documents. I was told that because "there was bonus" on my earliest two pay stubs submitted, dated 18 and 31- Dec., 2015, I was over limit. I pointed out that the gross pay on each and every paystub I submitted is the same ($3,692.80), and there is no bonus paid during any of the pay periods. There was a lot of back and forth. I couldn't understand why the full bonus amounts paid to me in 2015 were being added to current salary to determine my anticipated annual income, especially when I documented in my bonus history and outlook statement all the facts related to performance bonuses. Please see the attachment, BonusOutlook.doc, for all the details, including • the downward trend in performance bonuses I received in 2013, 2014 and 2015 o in terms of total dollars Page 3 of4 o in terms of a percentage of gross pay • the precipitous downturn in my employer's stock value, with the expectation that annual performance bonuses would likewise experience a precipitous downturn Given these facts, there is no basis in imagining that 2016 bonus will be equal to 2015 bonus. But even if one assigns the identical performance bonus from 2015 to salary, the result is $96,012.80 + 5,850 = $101,862.80 and this amount is undeniably below the limit for my family ($102,050). [I had in fact, done this exact calculation with Christine in the office at WVCS on 26-Jan. when she informed me that I was over limit. In response, she said she would discuss it again with C.J.] During the 11-Feb, 2pm meeting, eventually C.J. and Christine explained that if they were to determine my eligibility today, 12-Feb-2016, and looked at today's paystub together with the 15 and 29-Jan. paystubs that they already hold, I would be determined eligible as only salary is reflected in those three paystubs, and there is no indication of any bonus at all. I dispute that the method described to me represents a HUD compliant method, under 24 CFR 5.609, of determining anticipated annual income. I assert that assigning last year's total bonus to my anticipated income is an error, and denies me fair consideration for eligibility under 24 CFR 5.609. Neither the spirit nor the letter of the law can be considered upheld in a decision that finds • I am ineligible on 26-Jan. because paystubs with gross pay of $3,692.80, but year to date bonuses are included in the three paystubs analyzed • I am eligible on 12-Feb. because paystubs with gross pay of $3,692.80 and no record of bonuses are included in the three paystubs analyzed I understand that incorporating variable bonuses into an anticipated annual income is not trivial and in fact presents a significant challenge. A couple of options for rising to the challenge immediately come to mind: (1) applying a calculation that continues the documented trend In bonus amounts over time into the current year; (2) verifying with the payer of bonuses what the anticipated payment is likely to be. Either option would be preferable to adding all of 2015 bonus to salary, if determining anticipated annual income on 11-Feb. or earlier and adding zero bonus to salary, if determining anticipated annual income on 12-Feb. or later, as outlined by Christine and C.J. I Intended to share confirmation of this year's mid-year bonus with Christine and C.J. on 9-Feb. at the meeting we had scheduled at 2pm. However, Christine asked that we reschedule our meeting, and so we met 11-Feb. instead. The confirmation document was shared yesterday, and shows my mid-year performance bonus is $737.00. As I predicted, this is well below last year's mid-year bonus of$3,150.00. This year's mid-year bonus is payable on 26-Feb-2016. I assert that due diligence was not exercised in the determination of my anticipated annual Income under 24 CFR 5.609. I dispute that it is in the purview of your agency to deem me ineligible, because of Page 4 of 4 lack of due diligence, and instead to consider an alternate applicant with lower waitlist priority because the due diligence required in the determination of the alternate applicant's anticipated annual income is less strenuous. Discussion of (2) issues related to eligibility for resale of the of BMR unit in question. As stated earlier, the unit was deemed ineligible for sale on 2-Feb. following inspection by Cupertino City Building Inspector. Also on that date, C.J. indicated in email that Regarding reviewing your eligibility as far as income, assets, etc ... we have yet to come to a written decision. Per C.J.'s statement to the Housing Commission yesterday at the 9am meeting, the unit has been inspected again and found eligible for sale in the BMR program, as of 9-Feb. Director Venkatraman, I ask that you respond to my grievance with a fair determination of my eligibility to address • lack of due diligence exerted by Christine to fairly determine my anticipated annual income prior to the email she sent at 6:38pm, 11-Feb., with the signed attachment indicating my over limit status • inconsistent communications from Christine and C.J. regarding my eligibility • the facts known, now that the unit has become eligible, especially that my mid-year bonus is confirmed at $737, significantly down from last year's $3,150 The most excellent news is: I have the necessary assets to make the purchase now; I have full approval from a lender, not just pre-approval, and can close escrow in 21 days or less, confirmation email attached. I thank you for your consideration, and hope that together, you and I can resolve this grievance now without further escalation and delays. Regards, '/~ (1 l'pl.'f ·-· I\/. ~"t\ \.faQ.~:· ,v\ __ .......---- v" \/ -·' ' r' Kimberly J. Sandstrom • H 0 H £ • ;; ; .. :-.. i'. ~ \,1,Jest \/alley Community Services February 19th, 2016 Kimberly Sandstorm 10302 Terry Way #1 Cupertino, CA 95014 Dear Kimberly Sandstorm, This letter is to acknowledge the receipt of your Jetter dated 2/12/2016. I reviewed your case file and met with the Property Manager to discuss your concerns. Here are my responses to some of the concerns that you had in your letter >-Family Income-As per the City BMR policy (Exhibit 3) clearly states that we only look at 24 CFR 5.609 paragraph (b). Paragraph (a) is not being considered in our BMR program. Attached in the income calculation again-The current unit is a 2 bdrm. moderate-income unit and >-The current maximum limit is $102,050 and your projected/anticipated gross household income including bonus pay came out to $103,648.14. Total Household Income= $96,012.80 (Projected/Anticipated Gross Household Income)+ $7,635.34 (Bonus Income)= $103,648.14 (Total Household Gross Annual Income). You are $1,589.14 over the maximum income limit. Total Gross Income: $11,078.40 divided by 3 pay periods = $3,692.80 (Avg. Gross Pay Per Pay Period) x 26 pay periods (Bi-Weekly) = $96, 012.80 (Projected/Anticipated Gross Household Income) + Bonus Income per Part 5 Income Inclusions ESP Stk Gain $702.01 Peiformance Bonus $5,850.00 S Recogn Bonus $833.33 Wellness Bonus $250.00 Total Bonuses: $7,635.34 >-BMR process-As per our BMR policy the first phase towards BMR ownership for the buyer is Eligibility-as soon as the unit becomes available the prospective clients is contacted and is asked to submit paperwork for eligibility. There is a parallel process for the seller which is Housing Inspection and Unit appraisal. A buyer who passes the eligibility moves on to the next process. In your situation you were deemed ineligible at the first phase of this process due to your income. Hence, the whole unit inspection situation that happened with this unit in February does not apply to you. You continue to maintain your current waitlist number 12 and we will be contacting you again when another unit comes for re-sale to start the eligibility process. If you have any questions please feel free to contact me at 408-255-8033 ext. I 03 or email me at sujathav@wvcommunityservices.org. For you information, I have attached the BMR policy manual for review. Sincerely, Sujatha Venkatraman Associate Director Stability Support Services Serving the Communities of Cupertino, West San Jose, Los Gatos, Saratoga, and Monte Sereno 10104 Vista Drive, Cupertino, California 95014 · 408-255-8033 · Fax 408-366-6090 · www.wvcommunityservices.org Page 1 ofS Grievance II of Kimberly Sandstrom Re: Ineligibility Determination 11-Feb-2016 Date: March 1, 2016 To: Josh Sela, Executive Director, West Valley Community Services, Inc. I am disputing the decision by your staff to find me ineligible to purchase a 2 bedroom moderate income BMR condo which became available for sale 9-Feb-2016. My dispute arises from three issues: (1) the calculation of my family's anticipated annual Income was irrational and unfair; (2) contradictory, misleading and incomplete information was provided to me regardingthe procedure/timeline for eligibility determination and (3) the eligibility criteria are discriminatory because the current system exerts a disparate impact on older applicants. Discussion of (1): the calculation of my family's anticipated annual income was Irrational and unfair. In a phone conversation with Sujatha on 16-Feb-2016, she described the procedure for determining anticipated annual gross income. She stated that my family's gross pay received during the three months immediately preceding my application would be used to annualize a gross income figure. This echoed the procedure described by Christine, since Christine said that the determination is forward looking rather than backward looking. However, in her response to my initial grievance, Sujatha outlines a procedure whereby all three bonuses plus dividends paid to me on company stock throughout the entire calendar year, not just the three months in question, are added to my current salary. This approach is irrational and unfair because of the Statement Regarding History and Outlook of Performance Bonuses that I provided with my application, with my first grievance, and that I attach here. The statement shows both the downward trend of my performance bonuses received in 2013, 2014 and 2015, plus the precipitous decline of my company's stock value, with the expectation of a similarly precipitous decline in my performance bonus for 2016. In fact, my 2016 mid-year performance bonus is just $737, in contrast to my 2015 mid-year performance bonus, which was $3,150. My mid-year performance bonus underwent a decline of 76.6%, in line with my prediction. It makes no rational sense to determine eligibility based on the old bonus instead of the 2016 mid-year bonus. In 2015, in addition to a performance bonus I received a $250 Wellness bonus. In 2016, however, I am not taking part in Wellness activities required for this and thus will be ineligible for the Wellness bonus. Finally, the Special Recognition Bonus I received in Feb. 2015 was a one-time occurrence in the five years I have been with my company, and this type of bonus will not be paid to me in 2016. Page 2 of 5 I have also attached a detailed statement of my income for all of 2015, with shading of the amounts earned in the three months before my application, which is precisely the term that Sujatha indicated was the relevant period for determining eligibility. Salary alone was my entire income during that period. I assert that assigning last year's total bonus to my anticipated annual income is irrational given the supporting documents provided. I assert that this approach denies me fair consideration for eligibility under 24 CFR 5.609. I assert that due diligence was not exercised in the determination of my anticipated annual income under 24 CFR 5.609. I dispute that it is in the purview of your agency to deem me ineligible, due to lack of due diligence. I assert that an alternate applicant with lower wait list priority was considered because the due diligence required was less strenuous, and dispute that this is a fair course of action. Discussion of (2): contradictory, misleading and incomplete information was provided to me regarding the procedure/timeline for eligibility determination. Christine informed me via email on 28-Jan-2016 that, after consulting with the "City of Cupertino (person overseeing BMR programs)" who turned out to be C.J., I was confirmed to be ineligible to purchase the 2 bedroom unit because my income was over the limit. I had received no signed document to this effect, neither from WVCS nor from the City of Cupertino. On 1-Feb-2016, C.J. emailed me the Policy and Procedures Manual for Administering Deed Restricted Affordable Housing Units and from this document I learned that I had a right to appeal the determination within ten days. On 2-Feb-2016, I emailed Christine and C.J. to ask for guidance and to share details about my 2016 mid-year performance bonus. I needed guidance because I had received nothing official after Christine's email, and I was unclear whether or not the appeal countdown clock had already begun to tick. Secondly, I had confirmation from my senior director that my mid-year performance bonus would be $737, not $3,150 as it had been in 2015; thus confirming my income to be well below the limit. That same day, 2-Feb-2016, C.J. informed me and Christine via email that the first step was to inspect the unit to see if it was eligible for resale in the BMR program. C.J. went on to say that no official determination of my eligibility had been made; entirely contradicting Christine's email from 28-Jan. It became evident to me that the level of communication between Christine and C.J. that Christine referred to when announcing my ineligibility did not truly exist. In his email, C.J. also asked for my latest paystub and a written statement from my employer verifying Page 3 of 5 my 2016 mid-year performance bonus, saying that the information would help the staff to make a final decision regarding my eligibility. Later that day, 2-Feb-2016, I emailed my 29-Jan-2016 paystub to Christine and C.J., and C.J. asked Christine to print it and add it to my file. I also stated that my manager expected to release bonus statements around 17-Feb, however, my senior director could provide a statement before that. I reiterated what C.J. had said, that the first step was having a unit eligible for resale. Finally on 2-Feb-2016, C.J. emailed me and Christine again to say that the unit had failed an inspection by the Building Department, and was ineligible for resale. Christine responded to this email with, "Thank you CJ for your update I", on the same day, but that was the extent of her communication. On 3-Feb-2016, I emailed Christine and C.J. expressing my disappointment. I also asked them to confirm that I retained my position at the top of the wait list for 2 bedroom units, which is where I had been when Christine first contacted me about the unit on 20-Jan-2015. On the same day, 3-Feb, C.J. responded to my email, asking Christine to confirm that I maintained my place on the wait list should this BMR unit become eligible for resale in the future. That was not the confirmation that I asked for, but in any event, Christine did not respond at all to me, nor to C.J. There was no response from Christine for the next three business days; presumably while she and C.J. re-considered my file, or while my appeals period ticked by. In his 2-Feb. email, C.J. had clearly stated the former, asking for a more complete record of my income while Christine was silent. Although she was on copy to all of the emails between me and C.J., she had not communicated with me since 28-Jan., and her only response to C.J. had been on 2-Feb. when C.J. informed her that the unit was ineligible for resale. On 8-Feb-2016, I emailed Christine and C.J. and asked for a meeting. I could not understand Christine's lack of response, and I had a statement from my senior director confirming my mid- year bonus that I wanted Christine to add to my file. We all agreed to meet at 2pm on 9-Feb- 2016. However, on the morning of 9-Feb-2016, Christine emailed me and C.J. and said she needed to cancel. We rescheduled our meeting for 2pm on 11-Feb-2016. On 11-Feb-2016, I attended the 9am Housing Committee meeting at City Hall. At this meeting, C.J. told the committee that the unit had passed a Building Department inspection on 9-Feb- Page 4 of 5 2016, and was now eligible for resale. I was not made aware of this fact, and if l had not taken the time to attend the meeting, would likely still not know. l also learned that Christine and C.J. intended to sell the unit to an alternate applicant that had been selected as a back-up. I was shocked when a committee member asked Christine how far over the limit my income was, and she answered that she wasn't sure but she thought it was about $4,000 -$5,000 over the limit, which was a gross mischaracterization of the facts. I disputed this, but it was clear that Christine was not interested in addressing the issue further. I also pointed out that, just as I had predicted in my Statement Regarding History and Outlook of Performance Bonuses, we now had confirmation that the current year's bonus was a fraction, less than 25%, of last year's. Christine emphasized that the alternate applicant had only salary and their case was very simple; in other words, less strenuous due diligence was required. Meanwhile, I still had not received any coherent, official confirmation of any kind as to my eligibility, and as a result, I had not started the appeals process to which I have a right. In effect, my case had been dropped and my appeals period skipped over. It was not until well after our 2pm meeting later that day, at roughly 7:00 PM on 11-Feb that I received a signed notice, on letterhead, from Christine that I was ineligible. I assert that I was not treated fairly with respect to the availability of the unit nor to my eligibility and was misled by contradictory statements by the staff and by an unprofessional and frankly disturbing lack of communication at crucial points in the process. Discussion of {3): the eligibility criteria are discriminatory because the current system exerts a disparate impact on older applicants. The maximum annual income limit of $102,050 applies a disparate impact on older applicants because workers' gross annual pay tends to increase as they become more skilled and experienced in the workforce, after decades of professional development. Because a worker who has been in the workforce for twenty or more years is likely to have a higher salary than a worker with fewer years in the workforce, the system of applying a simple maximum, regardless of age, creates a disparate impact on older workers. It is not necessary to change the limit for older applicants in order to achieve a non- discriminatory system. Priority points for age could be used as they are for residency and employment in the City of Cupertino. Page 5 of 5 Imagine that the alternate applicant who has been selected by staff to purchase the 2 bedroom moderate income unit is a single mother of 35. If her family income today is $95,000 is it reasonable to believe that when she is 55, her family income will still be less than $102,050? Director Selo, I ask that you respond to my grievance with a fair determination of my eligibility to address the lack of due diligence in the determination of my anticipated annual income and the misleading and opaque process surrounding the unit's status as well as mine. Further, I ask you to reflect on the discriminatory nature of the current eligibility determination process. Please know that I have the necessary assets, credit and approval from a lender to move forward with the purchase of this unit immediately. I thank you for your consideration, and hope that together, you and I can resolve this grievance now without further escalation and delays. Regards, i \ ,--. . . ~--.. -~I ; \. ·1 _.-r \< ... v '1;\/)lJv' r \~- I . Kimber1v\ Sandstrom Date Pay Period 16-Jan-15 12/29/2014 -1/11/2015 30-Jan-15 1/12/2015 -1/25/2015 13-Feb-15 1/26/2015 -2/8/2015 13-Feb-15 1/26/2015 -2/8/2015 27-Feb-15 2/9/2015 -2/22/2015 27-Feb-15 Period Ending 2/20/2015 13-Mar-15 2/23/2015 -3/8/2015 27-Mar-15 3/9/2015 -3/22/2015 10-Apr-15 3/23/2015 -4/5/2015 24-Apr-15 4/6/2015 -4/19/2015 24-Apr-15 4/6/2015 -4/19/2015 8-May-15 4/20/2015 -5/3/2015 22-May-15 5/4/2015 -5/17 /2015 5-Jun-15 5/18/2015 -5/31/2015 19-Jun-15 6/1/2015 -6/14/2015 19-Jun-15 Period Ending 6/14/2015 3-Jul-15 6/15/2015 -6/28/2015 17-Jul-15 6/29/2015 - 7 /12/2015 31-Jul-15 7/13/2015-7/26/2015 14-Aug-15 7 /27 /2015 -8/9/2015 28-Aug-15 8/10/2015 -8/23/2015 28-Aug-15 8/10/2015-8/23/2015 28-Aug-15 Period Ending 8/21/2015 11-Sep-15 8/24/2015 -9/6/2015 25-Sep-16 9/7 /2015 -9/20/2015 9-0ct-15 9/21/2015 -10/4/2015 23-0ct-15 10/5/2015 -10/18/2015 6-Nov-15 10/19/2015 -11/1/2015 20-Nov-15 11/2/2015 -11/15/2015 4-Dec-15 11/16/2015-11/29/2015 18-Dec-15 11/30/2015 -12/13/2015 31-Dec-15 12/14/2015 -12/27/2015 15-Jan-16 12/28/2015 -1/10/2016 Total Gross Pay Plus Dividends 12/29/2014-12/27/2015 29-Jan-16 1/11/2016 -1/24/2016 12-Feb-16 1/25/2016 -2/7 /2016 29-Feb-16 Period Ending 2/22/2016 Gross Pay Pay Type Comment $3,454.40 Salary $3,454.40 Salary $833.33 Special Recognition Bonus One time bonus, not recurring $3,454.40 Salary $3,454.40 Salary $3,150.00 Performance Bonus $3,454.40 Salary $3,454.40 Salary $3,454.40 Salary $3,454.40 Salary $50.00 Wellness Bonus $3,454.40 Salary $3,454.40 Salary $3,454.40 Salary $3,692.80 Salary $702.0l Esp Stock Gain $3,692.80 Salary $3,692.80 Salary $3,692.80 Salary $3,692.80 Salary $3,692.80 salary $200.00 Wellness Bonus $2,700.00 Performance Bonus $3,692.80 Salary $3,692.80 Salary $3,692.80 Salary $3,692.80 Salary $3,692.80 Salary $3,692.80 Salary $3,692.80 salary $3,692.80 Salary $3,692.80 Salary $3,692.80 Salary Mid-Year performance bonus Wellness bonus requires participation in activities, and I am not participating in 2016 Dividends reinvested as shares and not received as cash Wellness bonus requires participation in activities, and I am not participating in 2016 Year-End performance bonus $22,156.80 Gross Pay for 12 weeks preceding application to BMR purchase program $96,012.80 Annualized Gross Pay for 12 weeks preceding application to BMR purchase program $101,025.74 $3,692.80 Salary $3,692.80 Salary $737.00 Performance Bonus Mid-Year performance bonus i·:;'.,\' .. •HOME•~-,~:."/\: West Valley Community Services March 7, 2016 Kimberly Sandstorm I 0302 Terry Way #1 Cupertino, CA 95014 Dear Ms. Sandstorm, This letter is to acknowledge the receipt of your letter dated 3/1/2016. I fully reviewed your case file and met with both Sujatha Venkatraman, Associate Director of Stability Support Services, and Christine Nguyen, Property Manager, to discuss your concerns. My responses to your questions are as follows: • Our procedure for determining family income is not forward looking, so we are unable to consider future fluctuations of bonuses based on changes in stock price or company valuation. Our process is to annualize family income using data from the previous three paychecks, a procedure that is part of the BMR qualification process as determined by the City of Cupertino. • As for your concerns regarding 24 CFR 5.609, please note that as per the City of Cupertino BMR policy, we only apply 24 CFR 5.609 paragraph (b), not paragraph (a), which states that "(b) Annual income includes, but is not limited to: (1) The full amount, before any payroll deduction, ofwages and salaries, overtime pay, commissions, fees, tips, and bonuses, and other compensation for personal services". • Income criteria for the BMR program is determined by HUD, not by West Valley Community Services. I apologize if you feel the communication regarding your eligibility was unclear. Unfortunately, this does not mitigate or alter your current eligibility. You continue to maintain your current waitlist number 12. We will be in touch when another unit becomes available for re-sale to start the eligibility process. If you have any questions please feel free to contact me at 408-255-8033 ext. 301 by email me at joshs(i4wvcommunityservices.org. Sincerely, Josh Selo Executive Director Serving the Communities of Cupertino, West San Jose, Los Gatos, Saratoga, and Monte Sereno 10104 Vista Drive, Cupertino, California 95014 · 408-255-8033 · Fax 408-366-6090 · www.wvcommunityservices.org