Chapter 2.86 — HOUSING COMMISSION

• Editor’s note: The title of this chapter was amended from Housing Committee by Ord. 1892, and from Affordable Housing Committee by Ord. 1722.

A. The Housing Commission of the City is established. The Housing Commission shall consist of five members as follows:

1. Representative from a Cupertino business,
2. Four community members,

B. The representatives from a Cupertino business and the community members shall not be officials or employees of the City, nor cohabit with, as defined by law, nor be related by blood or marriage, to any member of the Commission, the City Manager or the staff person(s) assigned to this Commission. All members except the Cupertino business representative shall be City of Cupertino residents. Members of the Housing Commission shall be appointed by the City Council. C. The Director of Community Development or their designee shall provide technical assistance to the Commission

(Ord. 2185, (part), 2019; Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992; Ord. 24-2267, Att. A (part), 2024)

A. The Housing Commission members must be residents of Cupertino. B. In selection of commissioners, the City Council may give priority to:

1. Applicants who represent the Community Development Block Grant (CDBG) target areas as described in the city's Consolidated Plan. 2. Applicants who are familiar with the operation of affordable housing; 3. Applicants who represent non-profit community organizations; and 4. Applicants who are knowledgeable about the housing needs of groups targeted for affordable housing development which include, but are not limited to, the following: 1. Seniors, 2. Single parent families, 3. Homeless persons, 4. Families of low income, 5. Disabled persons, 6. Renters, 7. First time homebuyers.

(Ord. 2185, (part), 2019; Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992; Ord. 24-2256, Att. B § 2, 2024)

A. Housing commissioners serve at the pleasure of the City Council. The term of office of the members of the Housing Commission shall be for four years commencing on the date of their respective appointments to the Housing Commission or its predecessor Commission and shall end on January 30th of the year their terms are due to expire. No member shall serve more than two consecutive terms except that a member may serve more than two consecutive terms if he or she has been appointed to the Commission to fill an unexpired term of less than two years. B. The appointment, reappointment and rules governing incumbent members of the Commission are governed by the Resolution of the Cupertino City Council which governs advisory bodies.

(Ord. 18-2180, § 9 (part), 2018; Ord. 2062, (part), 2010; Ord. 1974, § 3, 2006; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)

If a vacancy occurs other than by expiration of a term, it shall be filled by the City Council’s appointment for the unexpired portion of the term.

(Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)

The Chairperson and Vice Chairperson shall be elected from among Commission members. Terms shall be for one year.

(Ord. 2062, (part), 2010; Ord. 2015, § 4, 2008; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)

A. The Housing Commission shall establish a regular time and place of meeting and rules of conduct thereof and shall hold at least one regular meeting each quarter. B. A majority of the Housing Commission shall constitute a quorum for the purpose of transacting the business of the Commission.

(Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1697, (part), 1995; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)

Members of the Housing Commission shall serve without compensation. Commissioners may be reimbursed for necessary expenses reasonably incurred by them while acting in their official capacity subject to the approval of the City Manager.

(Ord. 21-2234, Att. A (§ 2, part), 2021; Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1697, (part), 1995; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)

A majority vote of the quorum is required to approve a recommendation on any matter that is presented to the Commission which requires a vote.

(Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)

The Commission shall keep an accurate record of its proceedings and transactions and shall render such reports to the City Council and Planning Commission as may be required. These records shall be filed with the City Clerk.

(Ord. 18-2180, § 9 (part), 2018; Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)

The powers and functions of the Housing Commission shall be as follows:

A. To assist the Planning Commission and the City Council in developing housing policies and strategies for implementation of general plan housing element goals; B. To recommend policies for implementation and monitoring of affordable housing projects; C. To facilitate innovative approaches to affordable housing development and to generate ideas and interest in pursuing a variety of housing options; D. When requested by the Director of Community Development or the City Council, to make recommendations to the Planning Commission and the City Council regarding affordable housing proposals in connection with applications for development including, but not limited to, recommendations for possible fee waivers, other incentives, the number and type of affordable units and the target groups to be served. Any referral to the Housing Commission shall be limited to consideration of affordable housing proposals which exceed normal housing requirements under the applicable provisions of the City’s general plan or ordinances related thereto; E. To make recommendations regarding requests for money from the CDBG and Affordable Housing Funds;

F. To provide information about affordable housing; G. To meet with neighborhood, community, regional and business groups as necessary to receive input and assist in generating affordable housing; H. To help identify sources of funds to develop and build affordable housing; I. To perform any other advisory functions authorized by the City Council.

(Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)

The Housing Commission shall have available to it such assistance of City staff as may be required to perform its functions, the staff assignments and administrative procedures to be under the general direction and supervision of the Director of Community Development.

(Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)

The Housing Commission may adopt from time to time such rules of procedure as it may deem necessary to properly exercise its powers and duties. Such rules shall be kept on file with the chairperson of the Housing Commission, the Mayor, and the City Clerk, and a copy thereof shall be furnished to any person upon request.

(Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1722, (part), 1996; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)

Nothing in this chapter shall be construed as restricting or curtailing any powers of the City Council, Planning Commission or City officers.

(Ord. 2062, (part), 2010; Ord. 1892, (part), 2002; Ord. 1641, § 1 (part), 1994; Ord. 1576, § 1 (part), 1992)