HC 12-08-2022 Searchable PacketCITY OF CUPERTINO
HOUSING COMMISSION
AGENDA
This will be a teleconference meeting without a physical location.
Thursday, December 8, 2022
9:00 AM
TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE
SPREAD OF COVID-19
In accordance with Government Code 54953(e), this will be a teleconference meeting
without a physical location to help stop the spread of COVID-19.
Members of the public wishing comment on an item on the agenda may do so in the
following ways:
1) E-mail comments by 5:00 p.m. on Wednesday, December 7 to the Commission at
housing@cupertino.org. These e-mail comments will be received by the Commission
members before the meeting and posted to the City’s website after the meeting.
2) E-mail comments during the times for public comment during the meeting to the
Commission at housing@cupertino.org. The staff liaison will read the emails into the
record, and display any attachments on the screen, for up to 3 minutes (subject to the
Chair’s discretion to shorten time for public comments). Members of the public that wish to
share a document must email housing@cupertino.org prior to speaking.
3) Teleconferencing Instructions
Members of the public may observe the teleconference meeting or provide oral public
comments as follows:
Oral public comments will be accepted during the teleconference meeting. Comments may
be made during “oral communications” for matters not on the agenda, and during the
public comment period for each agenda item.
To address the Commission, click on the link below to register in advance and access the
meeting:
Online
Please click the link below to join the webinar:
Page 1
HC 12-08-2022
1 of 13
Housing Commission Agenda December 8, 2022
https://cityofcupertino.zoom.us/webinar/register/WN_nM9JuQZ2Sfq_wZcTSWBvMw
Phone
Dial: (669) 900 6833 and enter Webinar ID: 973 5220 7258 (Type *9 to raise hand to speak)
Unregistered participants will be called on by the last four digits of their phone number.
Or an H.323/SIP room system:
H.323:
162.255.37.11 (US West)
162.255.36.11 (US East)
Meeting ID: 973 5220 7258
SIP: 97352207258@zoomcrc.com
After registering, you will receive a confirmation email containing information about
joining the webinar.
Please read the following instructions carefully:
1. You can directly download the teleconference software or connect to the meeting in your
internet browser. If you are using your browser, make sure you are using a current and
up-to-date browser: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+. Certain
functionality may be disabled in older browsers, including Internet Explorer.
2. You will be asked to enter an email address and a name, followed by an email with
instructions on how to connect to the meeting. Your email address will not be disclosed to
the public. If you wish to make an oral public comment but do not wish to provide your
name, you may enter “Cupertino Resident” or similar designation.
3. When the Chair calls for the item on which you wish to speak, click on “raise hand.”
Speakers will be notified shortly before they are called to speak.
4. When called, please limit your remarks to the time allotted and the specific agenda topic.
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Approve the September 22 Housing Commission special meeting minutes
Recommended Action: Approve the September 22 Housing Commission special
meeting minutes
A - Draft Minutes
POSTPONEMENTS
Page 2
HC 12-08-2022
2 of 13
Housing Commission Agenda December 8, 2022
ORAL COMMUNICATIONS
This portion of the meeting is reserved for persons wishing to address the Commission on any matter
within the jurisdiction of the Commission and not on the agenda. Speakers are limited to three (3)
minutes. In most cases, State law will prohibit the Commission from making any decisions with respect
to a matter not on the agenda.
WRITTEN COMMUNICATIONS
OLD BUSINESS
NEW BUSINESS
2.Subject: Informational presentation on the Fiscal Year 2023-24 Notice of Funding
Availability (NOFA) and Request for Proposals (RFP).
Recommended Action: Receive informational presentation.
A - FY 2023-24 City of Cupertino Notice of Funding Availability (NOFA) and Request for Proposals
(RFP)
STAFF AND COMMISSION REPORTS
FUTURE AGENDA SETTING
ADJOURNMENT
In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this
meeting who is visually or hearing impaired or has any disability that needs special assistance should
call the City Clerk's Office at 408-777-3223, at least 48 hours in advance of the meeting to arrange for
assistance. In addition, upon request, in advance, by a person with a disability, meeting agendas and
writings distributed for the meeting that are public records will be made available in the appropriate
alternative format.
Any writings or documents provided to a majority of the members after publication of the agenda will
be made available for public inspection. Please contact the City Clerk’s Office in City Hall located at
10300 Torre Avenue, Cupertino, California 95014, during normal business hours.
IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code section
2.08.100 written communications sent to the Cupertino City Council, Commissioners or City staff
concerning a matter on the agenda are included as supplemental material to the agendized item. These
written communications are accessible to the public through the City’s website and kept in packet
archives. Do not include any personal or private information in written communications to the City
that you do not wish to make public, as written communications are considered public records and will
be made publicly available on the City website.
Page 3
HC 12-08-2022
3 of 13
Housing Commission Agenda December 8, 2022
Members of the public are entitled to address the members concerning any item that is described in the
notice or agenda for this meeting, before or during consideration of that item. If you wish to address the
members on any other item not on the agenda, you may do so during the public comment.
Page 4
HC 12-08-2022
4 of 13
CITY OF CUPERTINO
Agenda Item
22-11389 Agenda Date: 12/8/2022
Agenda #: 1.
Subject: Approve the September 22 Housing Commission special meeting minutes
Approve the September 22 Housing Commission special meeting minutes
CITY OF CUPERTINO Printed on 12/1/2022Page 1 of 1
powered by Legistar™
HC 12-08-2022
5 of 13
1
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777‐3308
ACTION MINUTES OF THE SPECIAL MEETING OF
THE HOUSING COMMISSION HELD ON SEPTEMBER 22, 2022
CALL TO ORDER
Parish opened the meeting at 9:00 a.m.
ROLL CALL
Commission Members present: Tessa Parish, Chair
Govind Tatachari, Vice Chair (joined at 9:33 a.m.)
Connie Cunningham, Commissioner
Sue Bose, Commissioner
Angan Das, Commissioner (joined at 9:02 a.m.)
Commissioners Members absent: None
Staff present: Kerri Heusler, Housing Manager
Alec Vybiral, Assistant Housing Planner
Cyrah Caburian, Administrative Assistant
APPROVAL OF MINUTES
1. Subject: Approve the June 28 Planning Commission and Housing Commission Joint Special Meeting
minutes
Recommended Action: Approve the June 28 Planning Commission and Housing Commission Joint
Special Meeting minutes
Cunningham moved and Bose seconded.
AYES: Parish, Bose, Cunningham, Das
NOES: None
ABSTAIN: None
ABSENT: Tatachari
VOTE: 4‐0‐0‐1
2. Subject: Approve the July 5 Planning Commission and Housing Commission Joint Special Meeting
minutes
Recommended Action: Approve the July 5 Planning Commission and Housing Commission Joint Special
Meeting minutes
Written communication for this item was received from Cunningham and sent to Commissioners to
reflect changes in language under “Staff and Committee Reports”.
Bose moved and Cunningham seconded with corrections.
HC 12-08-2022
6 of 13
2
AYES: Parish, Bose, Cunningham, Das
NOES: None
ABSTAIN: None
ABSENT: Tatachari
VOTE: 4‐0‐0‐1
3. Subject: Approve the September 8 Housing Commission Special Meeting minutes
Recommended Action: Approve the September 8 Housing Commission Special Meeting minutes
Cunningham moved and Das seconded.
AYES: Parish, Bose, Cunningham, Das
NOES: None
ABSTAIN: None
ABSENT: Tatachari
VOTE: 4‐0‐0‐1
POSTPONEMENTS
None
ORAL COMMUNICATIONS
None
WRITTEN COMMUNICATIONS
None
PUBLIC HEARINGS
4. Subject: Informational presentation on the FY 2021‐22 Community Development Block Grant (CDBG)
Consolidated Annual Performance and Evaluation Report (CAPER).
Recommended Action: Conduct Public Hearing; and 1. Receive informational presentation
Housing Manager Heusler and Assistant Planner Vybiral provided presentation and answered questions
from Commissioners.
No members of the public commented on this item.
Cunningham moved and Das seconded.
AYES: Parish, Bose, Cunningham, Das
NOES: None
ABSTAIN: Tatachari
ABSENT: None
VOTE: 4‐0‐1‐0
OLD BUSINESS
None
HC 12-08-2022
7 of 13
3
NEW BUSINESS
None
STAFF UPDATES AND COMMISSION REPORTS
Housing Manager Heusler provided information about the following items:
Housing Commission signed up for Volunteer Fair booth at on Saturday, October 1 at Civic Plaza
Commission Updates:
Bose updated on September Mayor’s Meeting with Commissioners
Parish updated on Community Engagement Plan – Strategic Advisory Committee meeting
FUTURE AGENDA SETTING (limitation, cannot discuss)
None
ADJOURNMENT
The meeting was adjourned at 9:52 a.m. to the next regularly scheduled Housing Commission meeting.
Respectfully submitted:
/s/Cyrah Caburian___
Cyrah Caburian
Administrative Assistant
HC 12-08-2022
8 of 13
CITY OF CUPERTINO
Agenda Item
22-11797 Agenda Date: 12/8/2022
Agenda #: 2.
Subject: Informational presentation on the Fiscal Year 2023-24 Notice of Funding Availability (NOFA)
and Request for Proposals (RFP).
Receive informational presentation.
CITY OF CUPERTINO Printed on 12/1/2022Page 1 of 1
powered by Legistar™
HC 12-08-2022
9 of 13
Page 1 of 4
City of Cupertino
Notice of Funding Availability (NOFA)
and Request for Proposals (RFP)
Issued: November 07, 2022
Deadline: February 07, 2023
The City of Cupertino has issued the fiscal year (FY) 2023/24 NOFA and RFP. The City is requesting
proposals for eligible capital housing projects and public service programs. The City may award and
appropriate funds to one or more eligible projects in each funding category. Funds must be used to serve low-
and/or moderate-income households located within the City of Cupertino jurisdiction limits.
The following funding sources are on a one-year grant funding cycle (FY 23/24):
1. Below Market Rate (BMR) Affordable Housing Fund (AHF) Capital Housing Projects (up to $4,900,000)
2. Community Development Block Grant (CDBG) Capital Housing Projects (approx. $364,000)
The following funding sources are on a two-year grant funding cycle (FY 23/24 & 24/25):
1. BMR AHF Public Services (up to $50,000)
2. CDBG Public Services (approx. $58,000)
3. General Fund Human Services Grant (HSG) Program (up to $125,000)
The estimated CDBG dollar amounts may change based upon the final federal budget approved by Congress.
BMR AHF and General Fund HSG allocations are subject to City Council approval and may change as a
result.
CAPITAL HOUSING PROJECT FUNDS:
Funding Source #1- BMR AHF Capital Housing Projects (FY 23/24):
The City estimates up to $4,900,000 will be available to fund eligible BMR AHF capital housing projects on a
competitive basis for FY 23/24. BMR AHF funds must be used for eligible housing projects that will serve low-
and/or moderate-income households located within the City of Cupertino jurisdiction limits.
Project Requirements:
BMR AHF capital housing project funds will not be granted or issued as forgivable loans. The City invites
eligible non-profit and for-profit Development Entities (DEs) to submit proposals for eligible funding activities,
which include, but are not limited to:
Land acquisition
New construction
Acquisition and/or rehabilitation of buildings for permanent affordability
Substantial rehabilitation
Project Affordability Requirements:
BMR AHF affordable rental and/or ownership housing proposals must meet the City’s BMR requirements and
offer 99 years of affordability. An affordable regulatory agreement will be recorded against the property to
ensure affordability.
Eligible Development Entities (DEs):
Eligible DEs include non-profit and for-profit organizations licensed to conduct business in the State of
California.
HC 12-08-2022
10 of 13
Page 2 of 4
DEs must demonstrate credit worthiness, financial capacity, relevant experience to undertake
acquisition, rehabilitation, operation of rental housing, or redevelopment of new affordable housing.
DEs must have no negative financial and project management history within the last five years (i.e.,
DEs has not been in monetary default on a loan and has been current on all financial obligations and
compliance documentation).
Loan Terms and Requirements:
Rental Ownership
Loan Type: Acquisition, predevelopment/construction
converting to permanent, rehabilitation
Acquisition, rehabilitation and/or
construction
Interest Rate: 3.0% simple interest 3.0% simple interest
Loan Term: 30 yrs. 30 yrs.
Affordability
Term:
99 yrs. 99 yrs.
Security: Deed of Trust, Promissory Note and other
regulatory agreements recorded against the
property as required by the City
Deed of Trust, Promissory Note, and
other regulatory agreements recorded
against the property as required by the
City
Security
Position:
Will consider subordinating to a construction or
permanent lender with City approval
Will consider subordinating to a
construction or permanent lender with
City approval
Repayment
Terms:
Interest only. All outstanding interest and
principal will be due in full and payable on or by
the maturity date. Required 50/50 split of the
residual receipts.
Interest only. All outstanding interest and
principal will be due in full and payable on
or by the maturity date. Required 50/50
split of the residual receipts.
Timeframe: It is expected that projects must proceed
expeditiously to construction
It is expected that projects must proceed
expeditiously to construction
Financial Pro-
Forma:
Submit development financial pro-forma to be
reviewed by City. Subject to review by qualified
third-party consultant/organization to determine
reasonableness
Submit development financial pro-forma
to be reviewed by City. Subject to review
by qualified third-party
consultant/organization to determine
reasonableness
Environmental
Conditions:
All environmental conditions (EX: CEQA) that
are applicable to an eligible project must be
satisfied
All environmental conditions (EX: CEQA)
that are applicable to an eligible project
must be satisfied
Project
Conditions:
Project may be subject to Planning
Commission and/or City Council approval prior
to Deed of Trust, Promissory Note and other
recorded regulatory agreements being
executed and disbursement of funding being
approved
Project may be subject to Planning
Commission and/or City Council approval
prior to Deed of Trust, Promissory Note
and other recorded regulatory
agreements being executed and
disbursement of funding being approved
Underwriting Criteria:
Proposals and DE’s will be underwritten in accordance with City policies which includes, but not limited to,
compliance with the General Plan, BMR Housing Mitigation Program Procedural Manual (Housing Mitigation
Manual), and Policy and Procedures Manual for Administering Deed Restricted Affordable Housing Units (BMR
Manual).
Funding Source #2: CDBG Capital Housing Projects (FY 23/24):
The City estimates allocating approximately $364,000 in funding for eligible CDBG capital housing projects on
a competitive basis for FY 23/24. CDBG capital housing project funds must be used for projects that will serve
low-income households located within the City of Cupertino jurisdiction limits. CDBG capital housing projects
HC 12-08-2022
11 of 13
Page 3 of 4
are subject to HUD Section 3 requirements. The CDBG program is directed toward expanding and maintaining
the affordable housing supply; promoting housing opportunities and choices; maintaining and improving
community facilities; increasing economic opportunities, accessibility, energy efficiency and sustainability; and
providing supportive services specifically for persons of very low and/or low-income. Targeted groups might
include persons who are homeless, seniors, persons with disabilities, and other special needs groups.
The City estimates receiving an approximate total of $212,000 in CDBG program entitlement funds from the
United States Department of Housing and Urban Development (HUD) for FY 23/24. Approximately $226,000 in
unexpended CDBG funds from FY 21/22 FY 22/23 will be added to the eligible CDBG capital housing project
category. CDBG funding is allocated on a competitive basis. A list of eligible CDBG capital housing project
activities is available on the HUD website: https://www.hudexchange.info/cdbg-entitlement/cdbg-entitlement-
program-eligibility-requirements/.
Santa Clara County Measure A- Affordable Housing Bond
The City’s NOFA/RFP is issued in conjunction with the County’s NOFA for the Measure A- Affordable Housing
Bond. Measure A funding is available on a rolling basis for development capital funding, project-based
vouchers, and acquisition funding. Information and applications are available on the County's Website.
PUBLIC SERVICE FUNDS:
(Note: Two-year funding cycle for FY 23/24 & FY 24/25)
The City will award all Public Service funds through this NOFA/RFP on a two-year cycle to line up with
the 2020-2025 CDBG Consolidated Plan.
Funding Source #3- BMR AHF Public Services (FY 23/24 & 24/25):
The City estimates allocating up to $50,000 in funding annually for eligible BMR AHF public service programs
for the two-year cycle. BMR AHF funds will be awarded on a competitive basis and must be used for eligible
public service programs that will serve low- and/or moderate-income households located within the City of
Cupertino jurisdiction limits. Eligible BMR AHF programs may include, but are not limited to, tenant/landlord
dispute resolution, fair housing programs, and other programs serving low- and/or moderate-income
households.
Funding Source #4- CDBG Public Services (FY 23/24 & 24/25):
The City estimates allocating up to $58,000 in funding annually for eligible CDBG public service programs for
the two-year cycle. CDBG public service funds will be awarded on a competitive basis and must be used to
serve low-income households within the City of Cupertino jurisdiction limits.
Funding Source #5- General Fund HSG Program (FY 23/24 & 24/25):
The City estimates allocating up to $125,000 in funding annually for eligible HSG programs for the two-year
cycle. HSG funds will be awarded on a competitive basis and must be used to serve low- and/or moderate-
income households within the City of Cupertino jurisdiction limits. Eligible HSG programs may include, but are
not limited to, senior services, homeless services, and other services that serve low- and/or moderate-income
households.
RFP Review Process:
Upon receipt of proposals, staff will conduct an initial review to determine program and/or project eligibility and
completeness. The City reserves the right to request additional information from an applicant. After the RFP
deadline, all eligible and complete applications will be forwarded to the City’s five-member Housing
Commission for initial rating and ranking. A Housing Commission public hearing will be held in Spring 2023
and funding recommendations will be forwarded to the City Council for final approval. A City Council public
hearing will be held in Spring 2023 to determine the final funding recommendations.
Award Notification:
In late Spring 2023, organizations will be notified of City Council final funding recommendations through this
FY 23/24 NOFA/RFP.
HC 12-08-2022
12 of 13
Page 4 of 4
Disclaimer:
This RFP does not commit the City to award any contract or developer agreement, execute any grant or loan
documents, pay and pre-award expenses, or pay any costs incurred in the preparation of a proposal. The City
reserves the right to: 1) accept or reject any or all proposals received; 2) waive a non-substantive deficiency or
irregularity; 3) negotiate with any qualified applicant; 4) execute grant or loan documents in what it believes to
be in the best interest of the City; 5) cancel this request, in part or its entirety, if it is deemed to be in the best
interest of the City; 6) reject the proposal of any applicant who has previously failed to perform properly; 7)
reject the proposal of any applicant who has failed to complete a contract within the specified timeframe; 8)
reject the proposal of any applicant that is not in a position to fulfill a resulting contractual obligation; or 9)
recommend partial funding of a proposal.
Evaluation Criteria:
Proposals will be reviewed and scored relative to the below program and project scoring summary. The
maximum possible score is 100.
Scoring Summary Points
1. Organization Experience and Capacity 50
2. Program/Project Readiness 30
3. Program/Project Leveraged Funds 20
Maximum Possible Score 100
RFP Application Information & Deadlines:
The RFP application period will open at 8:00am on Monday, November 07, 2022, and will end at 5:00pm
on Tuesday, February 07, 2023. Organizations who intend to apply for funds through this RFP must apply
online at www.citydataservices.net. To obtain a temporary login username and password, please visit and
request at www.citydataservices.net. For additional questions, please contact Alec Vybiral, Assistant Housing
Planner, at AlecV@cupertino.org or (408) 777-1347. Any RFP application that does not meet the deadline will
not be accepted.
Note: All proposals are subject to the conditions, instructions and specifications included in this
NOFA/RFP. Applicants will be notified of upcoming meetings and public hearings to discuss the
expenditure of BMR AHF, General Fund HSG, and CDBG funds.
The City will provide alternative accessible formats of this document upon request. If you need this document
in an alternative format such as large print, Braille, audiotape, or computer disc, please contact the City at the
contact information listed above.
HC 12-08-2022
13 of 13