HomeMy WebLinkAboutStaff Report 2401-2573CITY OF PALO ALTO
CITY COUNCIL
Special Meeting
Monday, February 26, 2024
Council Chambers & Hybrid
5:30 PM
Agenda Item
4.City Councilmember Appointment to the Santa Clara County Housing and Community
Development Advisory Committee (HCDAC)
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Planning and Development Services
Meeting Date: February 26, 2024
Report #:2401-2573
TITLE
City Councilmember Appointment to the Santa Clara County Housing and Community
Development Advisory Committee (HCDAC)
RECOMMENDATION
Approve the appointment of Councilmember Julie Lythcott-Haims as representative to the Santa
Clara County HCDAC, and Councilmember Greer Stone as alternate for the 2024 calendar year.
BACKGROUND
Formed in 2018, the nine-member HCDAC for the Urban County1 is a result of the merger of the
Housing and Community Development (HCD) Citizen's Advisory Committee (CAC), and the HCD
Council Committee (CC) for the Urban County Community Development Block Grant (CDBG)
Program and HOME Investment Partnerships Program (HOME) Consortia. As Palo Alto is part of
the HOME program consortium, HCDAC participation is requested. The City has not participated
in the HCDAC in previous years.
Below is a summary of the basic requirements of the HCDAC, please see the attached 2018
Bylaws for additional information on the HCDAC’s responsibilities and meeting protocols.
HCDAC Role
The HCDAC is the policy recommending body to the Santa Clara County Board of Supervisors on
planning, monitoring, and implementation of the HCD Program and the development of a
comprehensive, coordinated Housing and Community Development Program. The HCDAC,
consisting of representatives of the Urban County jurisdictions (Campbell, Los Altos, Los Gatos,
Saratoga, and Morgan Hill) selected by the City Councils and the Board of Supervisors, and a City
Council member from each of the cities (Palo Alto, Cupertino, and Gilroy) participating in the
Urban County CDBG and HOME Investment Partnerships (HOME) Programs, will review program
materials and develop recommendations from an urban county perspective.
1 Information about the Urban County: https://osh.sccgov.org/housing-community-development/urban-county-
program
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Responsibility
The HCDAC meets approximately five times per year with one-year term commitments for each member.
The primary responsibilities of the HCDAC are to:
a)Develop recommendations on the Five-Year Urban County Consolidated Plan and the Annual
Plan which provides the framework for funding projects.
b)Develop recommendations on projects to be funded addressing the objectives approved in
the Consolidated Plan.
c)Monitor the progress of approved projects on a quarterly basis and prepare
recommendations on projects facing significant delays.
d)Evaluate the overall direction and implementation of the program on a yearly basis and
prepare recommendations on housing policies and procedures. This will include site
inspections of projects, review of quarterly and annual performance reports, and overall
program performance evaluation.
e)Transmit the HCDAC recommendations on project proposals to the Board of Supervisors in
order to make final funding recommendations on the CDBG and HOME projects and
programs.
Next Steps
The HCDAC meetings are tentatively planned to begin in March 2024. Once the Council
representative is selected, the HCDAC meeting liaison will initiate the coordination of these
meetings.
FISCAL/RESOURCE IMPACT
No fiscal impact is associated with this action.
ENVIRONMENTAL REVIEW
Appointment to a board or committee is not an action subject to environmental review under
the California Environmental Quality Act.
ATTACHMENTS
Attachment A: HCDAC Bylaws June 2018
APPROVED BY:
Jonathan Lait, Planning and Development Services Director
County of Santa Clara
Housing and Community Development Advisory Committee
Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian Page 1 of 3
County Executive: Jeffrey V. Smith
90854
DATE: June 5, 2018
TO: Board of Supervisors
FROM: Consuelo Hernandez, Program Manager II
SUBJECT: Housing and Community Development Advisory Committee (HCDAC) -
Amendment to Bylaws
RECOMMENDED ACTION
Approve Amendment to Bylaws for the Housing and Community Development Advisory
Committee.
FISCAL IMPLICATIONS
There are no fiscal implications associated with the recommended action.
REASONS FOR RECOMMENDATION
An amendment to the current bylaws is needed in order to reflect the current composition of
the Housing and Community Development Advisory Committee (HCDAC). The Office of
Supportive Housing (OSH) has worked closely with the HCDAC and each of the cities to
understand the impact of the changes. The proposed changes to the HCDAC bylaws were
integrated into the updated 2017 Joint Powers Agreement (the agreement required by the
U.S. Department of Housing and Urban Development for the Community Development
Block Grant program – CDBG). Each of the Urban County members have agreed to the
changes.
Currently, the HCDAC is comprised of 16 members. The changes reduce the HCDAC to
nine members. Eight seats have remained vacant as a result of the anticipated changes.
Unfortunately, the HCDAC did not review and approve the bylaws before the vacancies
occurred and the HCDAC does not currently have enough members to meet the quorum
requirements. As a result, the Board needs to approve the amended bylaws in order for the
HCDAC membership to be updated to allow the HCDAC to meet.
Revisions to the HCDAC bylaws contain a number of minor technical updates and also
updates to reflect current practices and reflect the updated composition of the HCDAC. The
following is a high-level summary of the changes:
Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian Page 2 of 3
County Executive: Jeffrey V. Smith
Agenda Date: June 5, 2018
Updated Article I, Section I to include the HOME Investment Partnership Act
(HOME) Consortia members.
Updated Article III, Section I relating to the membership of the HCDAC by adding one
member of the City Council from each of the jurisdictions participating in the HOME
Consortia and eliminating the citizen appointments, and specifying the designation of
an alternate for each member.
Updated Article III, Section II to specify a term is one year and until a successor is
appointed.
Updated Article VI to reflect that the Clerk of the Board of Supervisors provides
secretarial support to the HCDAC and the Office of Supportive Housing provides staff
support.
Added Article XI to reflect the process for County boards/commissions’ creation of
subcommittees.
Added Article XIII to identify the required trainings for members of the HCDAC.
CHILD IMPACT
The recommended action will have no/neutral impact on children and youth.
SENIOR IMPACT
The recommended action will have no/neutral impact on seniors.
SUSTAINABILITY IMPLICATIONS
The recommended action will have no/neutral sust ainability implications.
BACKGROUND
The primary role of the HCDAC is to advise the Board of Supervisors regarding the use of
CDBG and HOME funds. The HCDAC is a result of the merger of the Housing and
Community Development (HCD) Citizens Advisory Committe e (CAC) and the HCD
Council Committee (CC) for the Urban County CDBG program that took place in 2007.
Over the past two years OSH has been working on making changes to the bylaws to better
reflect the current operation of the HCDAC and to streamline the Urban County Program.
CONSEQUENCES OF NEGATIVE ACTION
If the Board does not approve the recommended action the HCDAC would not have a
quorum and would be unable to meet. As a result, the Board would be required to review
funding recommendations for the Urban County program without a recommendation from
the HCDAC.
STEPS FOLLOWING APPROVAL
Board of Supervisors: Mike Wasserman, Cindy Chavez, Dave Cortese, Susan Ellenberg, S. Joseph Simitian Page 3 of 3
County Executive: Jeffrey V. Smith
Agenda Date: June 5, 2018
Upon approval, the Clerk of the Board is asked to notify Consuelo Hernandez
(Consuelo.hernandez@hhs.sccgov.org ), Eloiza Murillo-Garcia
(Eloiza.murillogarcia@hhs.sccgov.org)and Tracy Cunningham
(Tracy.Cunningham@hhs.sccgov.org).
ATTACHMENTS:
Attachment A: Amended HCDAC Bylaws (clean version) (PDF)
Attachment B: Amended HCDAC Bylaws (redline) (PDF)
Attachment C - Changes to Urban County Program (2015) (PDF)
BYLAWS
Housing and Community Development Advisory Committee
(HCDAC)
ARTICLE I _ ESTABLISHMENT
Section I
The Housing and Community Development Advisory Commiffee (HCDAC) for the Urban
County is a result of the merger of the Housing and Community Development (HCD) Citizen's
Advisory Committee (CAC), and the HCD Council Committee (CC) for the Urban County
Community Development Block Grant (CDBG) Program and HOME Consortia.
ARTICLE II - ROLE AIID RESPONSIBILITIES
Section I - Role
The HCDAC is the policy recommending body to the Board of Supervisors on planning,
monitoring, and implementation of the HCD Program and the development of a comprehensive,
coordinated Housing and Community Development Program. The body, consisting of
representatives of the Urban County jurisdictions selected by the City Councils and the Board of
Supervisors, and a City Council member from each of the cities participating in the Urban
County CDBG and HOME Investment Partnerships (HOME) Programs, will review program
materials and develop recommendations from an urban county perspective.
Section II - Responsibilitv
The responsibilities of the HCDAC are to:
a) Develop recommendations on the Five-Year Urban County Consolidated Plan and the
Annual Plan which provides the framework for funding projects.
b) Develop recommendations on projects to be funded addressing the objectives approved in
the Consolidated Plan.
c) Monitor the progress of approved projects on a quarterly basis and prepare
recommendations on projects facing significant delays.
d) Evaluate the overall direction and implementation of the program on a yearly.basis and
prepare recommendations on housing policies and procedures. This will include site
inspections of projects, review of quarterly and annual performance reports, and overall
program performance evaluation.
e) Transmit the HCDAC recommendations on project proposals to the Board of Supervisors
in order to make final funding recommendations on the CDBG and HOME projects and
programs.
Housing and Community Development
Advisory Committee Bylaws
Page 1 of9 June 2018
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Section III - Relationship to the Board of Supervisors
The Board of Supervisors is the legal recipient of funds from the U.S. Department of Housing
and Urban Development (HUD) for the CDBG and HOME programs.
The Board of Supervisors will consider all recommendations submitted by the HCDAC
regarding the HCD program.
The HCDAC will submit recommendations to the Board of Supervisors on all matters dealing
with planning, funding, monitoring, and evaluation of the HCD program.
ARTICLE III _ MEMBERSHIP
Section I - Membership
Membership on the HCDAC consists of nine members as follows:
a. One member of the County of Santa Clara Board of Supervisors, who will serve as
Chairperson of the HCDAC, to be appointed by the President of the Board of
Supervisors.
b. One member of the City Council from each of the non-entitlement cities participating
in the Urban County CDBG and HOME programs, consisting of five members from
the cities of Campbell, Los Altos, Town of Los Gatos, Morgan Hill, and Saratoga,
appointed by the City Council of that city.
c. One member of the City Council from each of the jurisdictions participating in the
HOME Consortia, consisting of three members from the cities of Cupertino, Gilroy,
and Palo Alto appointed by the City Council of that city.
d. Each member shall have a designated alternate who shall be appointed by the
member's jurisdiction in the same manner the member is appointed. A member's
designated alternate may attend and vote when the member is unable to attend a
meeting.
Section II - Term
a) Term of membership is effective from the day of appointment to the HCDAC.
b) Each member shall have a term of one year and until his or her successor is appointed.
c) There is no limit on the number of consecutive terms a member may serve.
d) The term of an elected official will automatically terminate upon leaving the elective
office.
e) Upon appointment, each member and alternate shall take the Oath of Office. A certified
copy of the Oath shall be filed with the Clerk of the Board of Supervisors.
Housing and Community Development
Advisory Committee Bylaws
Page2 of9 June 2018
Section III - Attendance
a) Any member not in attendance at three (3) consecutive meetings, unless excused by the
majority of the HCDAC members, may be removed from the HCDAC with a request to
the appointing jurisdiction to appoint a replacement.
b) An altemate may not represent a member for more than three (3) consecutive meetings
without prior approval of the majority of HCDAC.
Section IV - Replacement of a member
In the event thal amember wishes to resign from the HCDAC or is recalled by the appointing
authority, the appointing jurisdiction shall be requested to appoint a new member. A resignation
by a member shall be in writing and shall be filed with the Clerk of the Board of Supervisors and
the Chairperson of the HCDAC.
ARTICLE IV _ OFFICERS
Section I - Officers
The officers of this organization will be:
a) Chairperson
b) Vice-Chairperson
The Chairperson and Vice-Chairperson will be regular voting members of the HCDAC.
Section II - Chairperson
The permanent Chairperson will be the appointed Supervisor from the County of Santa Clara
Board of Supervisors.
Section III - Vice-Chairperson
The Vice-Chairperson will be elected at the first meeting of the fiscal year (July 1 - June 30) and
will serve a 12-month term of office.
Section IV - Nominations
Nominations for the Vice-Chairperson will come from the members of the HCDAC.
Nominations may be submitted from one month prior to the meeting date on which the election
is to be held, up to and including the day of the election.
Section V - Term
There is no limit on the number of consecutive terms the Vice-Chairperson may serve.
Housing and Community Development
Advisory Committee Bylaws
Page 3 of9 June 2018
Section VI - Chairperson Vacancv
In the case that the Chairperson's seat is vacated, as through resignation, death, or leaving
elective office, a new Chairperson will be appointed by the President of the Board of
Supervisors. The Vice-Chairperson will stand in for the Chairperson until the new Chairperson
is appointed.
Section VII - Vice airnerson Vacancv
In the case that the Vice-Chairperson's seat is vacated, as through resignation, death, or leaving
elective office, a special election of the HCDAC will be held at the earliest meeting at which
such election is practicable. At the time of the election, nominations from the HCDAC
membership may be submitted. Such election shall be for the unexpired term of the office.
ARTICLE V _ DUTIES OF OFFICERS
Section I -of Chairnerson
The Chairperson will
a) Preside at meetings of the HCDAC.
b) Appoint subcommittees as required, subject to confirmation by the membership.
c) Coordinate the work and recommendations of the HCDAC.
d) Prepare work and recommendation reports for presentation to the Board of Supervisors.
e) Perform other duties customarily performed by a Chairperson.
Duties of the Chairperson can be delegated by the Chairperson to other members of the HCDAC.
Section II - Duties of the Vice-Chairperson
The Vice-Chairperson will:
a) Upon temporary absence or incapacity of the Chairperson, serve as Chairperson.
b) Assist the Chairperson in serving as liaison to the Board of Supervisors.
ARTICLE VI - SECRETARY SUPPORT
Section I - Secretarv
The Clerk of the Board of Supervisors shall be ex-officio secretary of the HCDAC and shall be
responsible for providing secretarial assistance to the HCDAC, such as preparation of HCDAC
agendas, attendance at meetings, preparation of minutes, meeting room support, and maintenance
of HCDAC records. However, the Clerk of the Board of Supervisors does not provide secretarial
assistance to any subcommittees of the HCDAC.
Housing and Community Development
Advisory Committee Bylaws
Page 4 of9 June 2018
ARTICLE VII - MEETINGS
Section I - Regular Meetines
Meetings of the HCDAC shall be properly noticed in accordance with the Ralph M. Brown Act
(Government Code section 54950 et seq.) and the County Open Govemment Ordinance
(Division Al7). One regular meeting of the HCDAC will normally be held approximately five
times ayear, at the County Govemment Center, at 6:15 p.m. Each year the HCDAC shall
approve its schedule of regular meeting dates prior to the first meeting of the calendar year. The
schedule of regular meeting dates can be amended, with the Chairperson's approval, by a
majorityvote of the HCDAC members.
Section II - Special Meetinss
Special meetings of the HCDAC may be called by the Chairperson, with the provision that
written notice is given to all members at least seven days prior to the meeting.
Section III - Ouorum
A quorum of the HCDAC is a majority of its membership seats, whether filled or vacant (5 of 9)
A member who abstains from an item is counted to determine whether a quorum exists.
However a member who is disqualified from participating and recuses from an item due to a
conflict of interest is not counted toward the quorum for that itern.
ARTICLE VIII - VOTING PROCEDURES
Section I
At the time of voting on any issues before the HCDAC, each member will cast one vote.
Section II
Only members or their authoized alternates who are present may vote. An alternate may only
vote when serving in the absence of a member.
Section III
Except as otherwise provided herein, a motion passes only when a majority of the membership
seats (5 of 9) votes in support of the motion.
In compliance with Government Code section 54953(c)(2) of the Ralph M. Brown Act, the
HCDAC shall publicly report any action taken and the vote or abstention on that action of each
member present for the action. Items cannot be approved by consensus.
Housing and Community Development
Advisory Committee Bylaws
Page 5 of9 June 2018
ARTICLE IX - GENERAL RULES OF PROCEDURE
Section I
No member or officer of the HCDAC will issue any public statement which purports to be an
official opinion or stand of the HCDAC unless such statement has been authoizedby a majority
vote in a meeting at which a quorum is present, subject to any applicable requirements of the
Board of Supervisors' Policy Manual.
Section II
Except as provided in these bylaws or to comply with state or county law or policy, Roberts
Rules of Order will be used in the conduct of all meetings.
ARTICLE X _ PUBLIC PARTICIPATION
Section I
All meetings of the HCDAC and any subcommittees subject to the Ralph M. Brown Act are
open to the public.
Section II
Agenda and minutes of all meetings of the HCDAC will be made available to the public on the
County of Santa Clara's website and upon request at the Office of the Clerk of the Board of
Supervisors. Reports will be made available to the public at the same time they are available to
the HCDAC. Copies for public review will be available in the Office of the Clerk of the Board of
Supervisors located at 70 West Hedding Street, 1Oth floor, East Wing, San Jose 95110. Interested
persons may request to be placed on the notification list for HCDAC minutes and agendas.
ARTICLE XI _ SUBCOMMITTEES
Section I - Creation of Subcommittees Generallv
The HCDAC may establish standing and ad hoc subcommittees, as prescribed in these bylaws
and the County of Santa Clara Boards and Commissions Handbook, to assist in furthering the
purposes of the HCDAC.
Any subcommittee will have the duties provided by its mandate, but will not have the power to
exercise the authority of the HCDAC or to bind the HCDAC. Subcommittees report their
recommendations to the full HCDAC for consideration.
Subcommittees may be composed of members from the HCDAC as well as individuals not on
the HCDAC. However, a subcommittee may not include a quorum of the entire HCDAC
membership.
Housing and Community Development
Advisory Committee Bylaws
Page 6 of9 June 2018
In creating any subcommittee, the HCDAC will:
l. Define the purpose and scope of the subcommittee's charge;
2. Identify if the subcommittee will have an ongoing role in a particular subject
arealissue or if the subcommittee is being created for a limited duration to address a
single issue/purpose;
3. Only set a meeting schedule if the subcommittee is to be subject to the Brown Act;
4. Define the membership of the subcommittee;
5. Document the creation of the subcommittee in the HCDAC's minutes;
6. If the subcommittee is subject to the Brown Act, immediately notify the Clerk of the
Board's Records Unit; and
7. If the subcommittee is to be a standing subcommittee, update the bylaws for approval
by the Board of Supervisors.
Section II - Creation of Standing Subcommittees
A standing subcommittee has a continuing subject matter it oversees or a meeting schedule fixed
by formal action.
A standing subcommittee may be created following majority approval of the HCDAC and
designation in the HCDAC's bylaws, approved by the Board of Supervisors. A majority is
defined as a majority of the entire HCDAC membership seats.
The Chairperson of the HCDAC shall appoint a chair and members to each subcommittee subject
to confirmation by the HCDAC.
All standing subcommittees are subject to the Brown Act and must be properly noticed, open to
the public, and have a quorum of the subcommittee membership present to transact business.
Each standing subcommittee is required to prepare an agenda for each meeting and ensure the
agenda is properly posted. Minutes (in summary form) of each subcommittee meeting shall be
prepared and shall include a record of attendance of the members and the vote taken on each
matter. Copies of the minutes shall be submitted to the next meeting of the subcommittee for
approval.
Section III - Standine Subcommittees of the HCDAC
The HCDAC has no standing subcommittees.
Section IV - Creation of Ad Hoc Subcommittees
An ad hoc subcommittee may be established by the HCDAC, as the need arises, to carry out a
specific task for a limited duration.
An ad hoc subcommittee may be created following majority approval of the HCDAC. A
majority is defined as a majority of the entire HCDAC membership seats.
Housing and Community Development
Advisory Committee Bylaws
PageT of9 June 2018
The Chairperson of the HCDAC shall appoint a chair and members to each subcommittee subject
to confirmation by the HCDAC.
If an ad hoc subcommittee includes as a member one or more individuals who is not a member of
the HCDAC, the ad hoc subcommittee is subject to the Ralph M. Brown Act. For ad hoc
subcommittees subject to the Brown Act, meetings must be properly noticed, open to the public,
and have a quorum of the subcommittee membership present to transact business. Each ad hoc
subcommittee that is subject to the Brown Act is required to prepare an agenda for each meeting,
ensure the agenda is properly posted. Minutes (in summary form) of each subcommittee meeting
shall be prepared and shall include a record of attendance of the members and the vote taken on
each matter. Copies of the minutes shall be submitted to the next meeting of the subcommittee
for approval.
Section V - Disbandins Ad Hoc Suhcommittees
The HCDAC shall agendize the disbanding of an ad hoc subcommittee when the subcommittee's
specific task is completed. The disbanding of the ad hoc subcommittee shall be noted in the
HCDAC's meeting minutes.
ARTICLE XII _ CONFLICTS OF INTEREST
Section I
Members of the HCDAC shall comply with the requirements of all applicable federal, state, and
local laws and regulations relating to conflicts of interest, including, without limitation,
Califomia Government Code section 1090, et seq., the California Political Reform Act
(California Govemment Code section 87100 et seq.), and the regulations of the Fair Political
Practices Commission concerning disclosure and disqualification (2 California Code of
Regulations section 18700 et seq.).
Generally, if a member is disqualified from participating in a decision because of a conflict of
interest, the member must (1) publicly recuse him or herself and announce the source of the
conflict of interest, (2) leave the room during any discussion or deliberations on the matter in
question, and (3) not participate in the decision or be counted for purposes of a quorum.
ARTICLE XIII _ TRAININGS
Section I - AB 1234 Ethics Trainine
Each member must receive training in public service ethics laws and principles within 12 months
of assuming membership on HCDAC and every two years thereafter. If a member has already
received the training prior to assuming mernbership, the member may submit proof of his/her last
training completion. The signed certification of completion must be sent to the Clerk of the
Board as soon as practicable upon completion of the training.
Housing and Community Development
Advisory Committee Bylaws
Page 8 of9 June 2018
Section II - AB l66L Sexual Harassment Prevention Training
Each member must receive training regarding the federal and state statutory provrsrons
concerning the prohibition against, and the prevention and correction of, sexual harassment and
the remedies available to victims of sexual harassment in employment within six months of
assuming office on HCDAC and every two years thereafter. If a member has already received
the training prior to assuming membership, the member may submit proof of his/her last training
completion. The certification of completion must be sent to the Clerk of the Board as soon as
practicable upon completion of the training.
ARTICLE IV - APPROVAL AND AMMENDMENTS
Section I
All amendments to these bylaws must be approved by the HCDAC mernbership and the Board of
Supervisors, following approval as to form and legality by County Counsel.
Approved as to Form and Legality
Lead Deputy County Counsel
Bylaws of the HCD Council Committee were approved by the Board of Supervisors on
November 19,1979.
Prior amendments to bylaws approved by the Board of Supervisors:
0U09190
0s/22/07
1785606
Housing and Community Development
Advisory Committee Bylaws
Page 9 of9 June 2018