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CC Exhibit 08-02-2016 Item No. 24 Amendments to the Policy and Procedures Manual for Administering Deed-Restricted Affordable Housing Units (The BMR Manual)AMENDMENTS TO THE POLICY AND PROCEDURES MANUAL FOR ADMINISTERING DEED-RESTRICTED AFFORDABLE HOUSING UNITS (THE BMR M ANUAL) AUGUST 2, 2016 Background Chapter 19.172 of the Cupertino Municipal Code,theBMRProgram,provides affordable housing to abroadrangeofhouseholdswithvaryingincomelevelswithintheCity. The City administers the BMR Program under theguidelinesincludedinthePolicyandProceduresManualforAdministeringDeedRestrictedAffordableHousingUnits(the "BMR Manual"). The City contracts with West Valley CommunityServices("WVCS")to manage the BMR Program,including the determination of eligibility of potentialhomebuyers. Proposal Amendments to the BMR Manual to clarify and expand procedures and requirements for: (1)Section 2.2 on Conflict of Interest; (2)Section 5.0 on the Appeal Process. Conflict of Interest The recommended changes in Section 2.2 would broaden theconflictofinterestpoliciestoexcludefrompurchaseorrentofanyBMRunitanyCityorconsultantemployeesandofficialswho: 1.Have policy-making authority or influence regardingCityhousingprograms; 2.Participate in making decisions regarding City housingprograms,administer City housing programs,or whosesalaryispaidinanypartfromaCityhousingprogram. If any employee of a consultant is on the waiting list for aparticularBMRunit,all review of the application would be donebytheCity. All consultants would be required to inform the City of anyemployeewhoisbeingconsideredforpurchaseorrentofaunit. Appeal Process The recommended changes would streamline the process and toensurethatanappealcanbeconcludedbeforeaBMRunitissold. Current Process: An applicant may appeal the decisions by going through WVCS’current process in the following order: (1)the Associate Director, (2)the Executive Director, (3)the Board of Directors Administration Committee,and (4)the full Board of Directors. Additionally,the BMR Manual provides for an appeal within 10daystotheHousingCommission,to be forwarded to the CityCouncilforfinalruling. Appeal Process Proposed Changes: 1.Limit the appeal process to 60 days total; 2.Allow an applicant 10 days to send a written appeal to WVCS; 3.Reduce the WVCS appeal process from four tiers to one tier,withtheExecutiveDirectorprovidingadecisionontheappealwithin10daysfromreceiptofthenoticefromtheapplicant; 4.If the applicant is dissatisfied after the WVCS appeal,the applicantthenwouldhaveanadditional10daystosubmitawrittenappealtotheCity; 5.Any appeal to the City would be heard by an outside hearingofficerwithin30daysfromthedateofreceiptofthewrittenappeal. 6.During the appeal period,the sale of the BMR unit could not takeplacependingthefinalresolutionoftheapplicant's appeal. Housing Commission On June 23, 2016, the Housing Commission reviewed the proposal and recommended on that the City Council approve the proposed amendments. Recommendation Staff recommends that the City Council adopt the resolution amending the Policy and Procedures Manual for Administering Deed-Restricted Affordable Housing Units (Below Market Rate (BMR) Manual).