HC 10-24-2024 Searchable PacketCITY OF CUPERTINO
HOUSING COMMISSION
AGENDA
10185 N. Stelling Road, Quinlan Community Center, Conference Room
Thursday, October 24, 2024
5:30 PM
Members of the public wishing to observe the meeting may do so in one of the following
ways:
1) Attend in person at Quinlan Community Center, 10185 N. Stelling Road
2) The meeting will also be streamed live on and online at
https://youtube.com/@cupertinocitycommission
Members of the public wishing to comment on an item on the agenda may do so in the
following ways:
1) Appear in person at Quinlan Community Center.
2) E-mail comments by 4:00 p.m. on Thursday, October 24 to the legislative body at
housingcommission@cupertino.gov. These e-mail comments will also be posted to the
City’s website after the meeting.
Oral public comments may be made during the public comment period for each agenda
item.
Members of the audience who address the legislative body must come to the
lectern/microphone and are requested to complete a Speaker Card and identify themselves.
Completion of Speaker Cards and identifying yourself is voluntary and not required to
attend the meeting or provide comments.
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Approve the minutes of the September 26, 2024 Housing Commission
meeting.
Recommended Action: Approve the minutes of the September 26, 2024 Housing
Commission meeting.
A - Draft minutes
Page 1
1
HC 10-24-2024
Page 1 of 14
Housing Commission Agenda October 24, 2024
POSTPONEMENTS
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: Fiscal Year (FY) 2025-26 Notice of Funding Availability (NOFA) and Request
For Proposals (RFP)
Recommended Action: Receive informational presentation.
Informational Report
A - FY 2025-26 NOFA 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 City Council, Commissioners or 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 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
Page 2
2
HC 10-24-2024
Page 2 of 14
Housing Commission Agenda October 24, 2024
publicly available on the City website.
Page 3
3
HC 10-24-2024
Page 3 of 14
CITY OF CUPERTINO
Agenda Item
24-13441 Agenda Date:
10/24/2024 Agenda #: 1.
Subject: Approve the minutes of the September 26, 2024 Housing Commission meeting.
Approve the minutes of the September 26, 2024 Housing Commission meeting.
CITY OF CUPERTINO Printed on 10/16/2024Page 1 of 1
powered by Legistar™4
HC 10-24-2024
Page 4 of 14
1
City of Cupertino
10300 Torre Avenue
Cupertino, CA 95014
(408) 777-3308
DRAFT MINUTES OF
THE HOUSING COMMISSION MEETING HELD ON September 26, 2024
CALL TO ORDER
Chair Cunningham opened the meeting at 5:30 p.m.
ROLL CALL
Commission Members present: Connie Cunningham, Chair
Ryan Golze, Vice Chair
Angan Das, Commissioner
Yuyi He, Commissioner
Govind Tatachari, Commissioner
Staff present: Luke Connolly, Assistant Director of Community Development
Nicky Vu, Senior Housing Coordinator
Tommy Yu, IT Manager
APPROVAL OF MINUTES
1. Subject: Approve the April 25 Housing Commission meeting minutes
Recommended Action: Approve the April 25 Housing Commission meeting minutes.
MOTION: Golze moved, and Tatachari seconded to approve the minutes.
AYES: Cunningham, Golze, He, Tatachari
NOES: None
ABSTAIN: None
ABSENT: Das
VOTE: 4-0-0-1
POSTPONEMENTS
None
ORAL COMMUNICATIONS
No oral communications were received.
WRITTEN COMMUNICATIONS
No written communications were received.
5
HC 10-24-2024
Page 5 of 14
2
OLD BUSINESS
None
NEW BUSINESS
2. Subject: Informational presentation on the Program Year (PY) 2023 Community Development Block
Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER).
Recommended Action: Conduct Public Hearing; and Approve submission of the PY 2023 CAPER to
the United States Department of Housing and Urban Development (HUD).
Senior Housing Coordinator Vu provided an overview and made a presentation.
Commissioners asked clarifying questions.
Commissioner He asked for clarification on race ethnicity data of clients served by CDBG programs in
terms of disparities with overall population data and whether or not non-CDBG homeless related
activities need to be reported in the CAPER. Senior Housing Coordinator Vu stated that low-income
populations in Cupertino tended to skew older and white when compared to the total population, and
that the CAPER is specifically for reporting CDBG funded activities to HUD.
Commissioner Das asked for clarification about how subrecipients could exceed 100% of their annual
goals. Senior Housing Coordinator Vu stated that with each subrecipient contract, there is an intended
low-income population to be served. When a subrecipient serves more individuals than they estimated
for the year, then they are able to exceed 100% of their annual goal.
Commissioner Tatachari asked about Section 3 reporting and why it showed zero hours completed.
Housing Coordinator Vu stated that Section 3 is a labor reporting requirement, and the only CDBG
Capital Project, the Senior Center Fire Sprinkler Replacement, has not yet commenced construction, so
Section 3 hours worked will be reported in the 2024 CAPER.
MOTION: Golze moved, and Tatachari seconded to approve the Draft FY 2023-24 CDBG CAPER for
submittal to HUD.
Motion carried with the following vote:
AYES: Tatachari, Cunningham, Golze, He, Das
NOES: None
ABSTAIN: None
ABSENT: None
VOTE: 5-0-0-0
Chair Cunningham closed the item.
STUDY SESSION
None.
6
HC 10-24-2024
Page 6 of 14
3
STAFF UPDATES AND COMMISSION REPORTS
Chair Cunningham gave a brief report on the Mayor’s Commissioner Meeting.
Chair Cunningham closed the item.
Senior Housing Coordinator Vu gave a brief agenda setting update for the October Housing
Commission meeting, which might include announcement of the 2025-2026 NOFA, development of the
2025-2030 CDBG Consolidated Plan, and a new policy regarding expiring Below Market Rate Rental
Units.
Chair Cunningham closed the item.
FUTURE AGENDA SETTING
Vice Chair Golze asked that additional updates on unhoused prevention and updates on regional efforts
for unhoused services be added to future agendas.
Commissioner He asked that the City explore the possibility of public housing be explored as a future
agenda topic.
Commissioner Tatachari asked that updates regarding the City’s Capital Infrastructure Report be
included into future agendas.
Chair Cunningham asked that the creation of a centralized Below Market Rate list be explored as a
future agenda topic.
ADJOURNMENT
The meeting was adjourned at 6:11 p.m. to the next regularly scheduled Housing Commission meeting.
Respectfully submitted:
___
Nicky Vu
Senior Housing Coordinator
7
HC 10-24-2024
Page 7 of 14
CITY OF CUPERTINO
Agenda Item
24-13442 Agenda Date:
10/24/2024 Agenda #: 2.
Subject:Fiscal Year (FY) 2025-26 Notice of Funding Availability (NOFA) and Request For Proposals (RFP)
Receive informational presentation.
CITY OF CUPERTINO Printed on 10/16/2024Page 1 of 1
powered by Legistar™8
HC 10-24-2024
Page 8 of 14
HOUSING COMMISSION INFORMATIONAL REPORT
October 24, 2024
Subject
Fiscal Year (FY) 2025-26 Notice of Funding Availability (NOFA) and Request For
Proposals (RFP) (Attachment A)
Discussion
Each year the City of issues a Notice of Funding Availability (NOFA) and Request For
Proposals (RFP) in order to notify organizations and members of the public about grant
funding opportunities. It summarizes the estimated amounts of funding that will be
available, the types of activities that are eligible, and requests that interested parties
submit proposals to receive funding.
For FY 2025-26, funding is available for Capital/Housing Projects through Community
Development Block Grant (CDBG) funds in the estimated amount of $267,000, and Below
Market Rate Affordable Housing Funds (BMR AHF) in the estimated amount of
$4,800,000. The City is also accepting applications for public services for non-profits which
provide assistance low-income residents in the CDBG, BMR, and Human Services Grant
(HSG) program. The available funding for each program is estimated to be as follows:
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 $129,000)
Public service contracts will be awarded on a two-year grant funding cycle starting with
FY 2025/26 and ending with FY 2026/27. Eligible programs include but are not limited to:
tenant/landlord dispute resolution, fair housing programs, senior services, homeless
services, and other services that serve low- and/or moderate-income households.
However, the priorities for CDBG Public Service funding will be finalized during the
development of the 2025 – 2030 Consolidated Plan. The estimated CDBG dollar amounts
may change based upon the final Federal budget approved by Congress. BMR and HSG
allocations are subject to City Council approval and may change as a result.
CDBG is federal funding that is received on an annual basis from the U.S. Department of
Housing and Urban Development, also known as HUD. BMR AHF is funding that is
9
HC 10-24-2024
Page 9 of 14
generated through residential and non-residential affordable housing mitigation fees.
Some examples of eligibles uses for these funds under the Capital/Housing category are
land acquisition and building rehabilitation. HSG funding comes from the City of
Cupertino’s local general fund. Allocations are subject to City Council approval but
generally aim to serve similar goals to CDBG Public Service funding. These funds are
meant to assist specific populations in the Cupertino community with the main purpose
of helping low-income and other disadvantaged communities.
Anyone who is interested in applying can access the application online at
citydataservices.net. All applications will undergo an initial eligibility review by City
staff. In the spring, the Housing Commission will have the opportunity to review the
applications and make funding recommendations. The NOFA/RFP application period
will open on November 4, 2024, and will close on February 4, 2025.
Attachments:
A – FY 2025-26 NOFA/RFP
______________________________________________________________________________
Prepared by: Nicky Vu, Senior Housing Coordinator
Reviewed by: Luke Connolly, Assistant Director of Community
Development
Approved for Submission by: Benjamin Fu, Director of Community Development
10
HC 10-24-2024
Page 10 of 14
Page 1 of 4
City of Cupertino
Notice of Funding Availability (NOFA)
and Request for Proposals (RFP)
Issued: November 04, 2024
Deadline: February 04, 2025
The City of Cupertino has issued the fiscal year (FY) 2025/26 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 25/26):
1. Below Market Rate (BMR) Affordable Housing Fund (AHF) Capital Housing Projects (up to $4,800,000)
2. Community Development Block Grant (CDBG) Capital Housing Projects (approx. $267,000)
The following funding sources are on a two-year grant funding cycle (FY 25/26 & 26/27):
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 $129,000)
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 25/26):
The City estimates up to $4,800,000 will be available to fund eligible BMR AHF capital housing projects on a
competitive basis for FY 25/26. 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.
11
HC 10-24-2024
Page 11 of 14
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 $267,000 in funding for eligible CDBG capital housing projects on
a competitive basis for FY 25/26. 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
12
HC 10-24-2024
Page 12 of 14
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 $387,000 in CDBG program entitlement funds from the
United States Department of Housing and Urban Development (HUD) for FY 25/26. Approximately $35,000 in
unexpended CDBG funds from FY 23/24 FY 24/25 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 25/26 & FY 26/27)
The City will award all Public Service funds through this NOFA/RFP on a two-year cycle to line up with
the 2025-2030 CDBG Consolidated Plan.
• Funding Source #3- BMR AHF Public Services (FY 25/26 & 26/27):
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 25/26 & 26/27):
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 25/26 & 26/27):
The City estimates allocating up to $129,000 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 2025
and funding recommendations will be forwarded to the City Council for final approval. A City Council public
hearing will be held in Spring 2025 to determine the final funding recommendations.
Award Notification:
In late Spring 2025, organizations will be notified of City Council final funding recommendations through this
FY 25/26 NOFA/RFP.
13
HC 10-24-2024
Page 13 of 14
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 o r 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 04, 2024, and will end at 5:00pm
on Tuesday, February 04, 2025. 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 Nicky Vu, Senior Housing
Coordinator, at NickyV@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.
14
HC 10-24-2024
Page 14 of 14