HC Resolution No. 18-05 Approving the FY 2017-18 CDBG Program Consolidated Annual Performance and Evaluation Report (CAPER)RESOLUTION NO. 18-05
A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF CUPERTINO
APPROVING THE FY 2017-18 CDBG PROGRAM CONSOLIDATED ANNUAL
PERFORMANCE AND EVALUATION REPORT (CAPER)
WHEREAS, the Housing and Community Development Act of 1974 provides that
funds be made available for the Community Development Block Grant (CDBG) Program;
and
WHEREAS, the City of Cupertino is required to submit a FY 2017-18 CAPER
(Exhibit 1) to the United States Department of Housing and Urban Development (HUD)
for review and approval; now, therefore:
WHEREAS, the City of Cupertino makes the certifications required by 24 CFR
Sections 91.225 and 570 .303 as contained in the FY 2017-18 CDBG Annual Action Plan;
now, therefore:
BE IT FURTHER RESOLVED that the Housing Commission of the City of
Cupertino hereby approves the FY 2017-18 CAPER; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to submit
the FY 2017-18 CAPER approved by the Housing Commission of the City of Cupertino to
HUD.
PASS ED AND ADOPTED at a regular meeting of the Housing Commission of the
City of Cupertino on this September day of 13, 2018 by the following vote:
AYES:
NOES:
ABSENT :
ABSTAIN:
Members of the Housing Commission
Vice Chair Zhao, Daruwalla, Kapil
none
Chair Bose, Goyal
none
./ Erick Serrano
Associate Planner
APPROVED:
J Z ao
Vice Chair, Housing Commission
Exhibit 1
City of Cupertino
2017 /18 Consolidated Annual
Performance Evaluation Report
CUPERTINO
Prepared by the Department of Community Development
10300 Torre Avenue
Cupertino, CA 95014
Approved by
Housing Commission
September 13, 2018
Resolution No. 18-05
CAPER
Table of Contents
CR-05 -Goals and Outcomes ................................................................................................... 5
Progress the jurisdiction has made in carrying out its strategic plan and its action plan.
91.520(a) ............................................................................................................................... 5
Comparison of the proposed versus actual outcomes for each outcome measure submitted
with the consolidated plan 91.520(g) ................................................................................... 5
Assess how the jurisdiction 's use of funds addresses the priorities and specific objectives
identified in the plan .............................................................................................................. 5
CR-10 -Racial and Ethnic composition of families assisted ................................................. 7
Describe the families assisted. 91.520(a) .............................................................................. 7
CR-15 -Resources and Investments 91.520(a) ....................................................................... 8
Identify the resources made available .................................. Error! Bookmark not defined.
Identify the geographic distribution and location of investments ...... Error! Bookmark not
defined.
Leveraging ............................................................................................................................. 8
Explain how federal funds leveraged additional resources .................................................. 8
Other Federal Grant Programs .............................................................................................. 8
County of Santa Clara and Local Housing and Community Development Sources ............. 8
Below Market-Rate (BMR) Affordable Housing Fund (AHF) ............................................. 9
General Fund Human Service Grants (HSG) Program ......................................................... 9
CR-20 -Affordable Housing 91.520(b) .................................................................................. 10
Evaluation of the jurisdiction's progress in providing affordable housing .......................... 10
Discuss the difference between goals and outcomes .......................................................... 10
Discuss how these outcomes will impact future annual action plans ................................. 10
CR-25 -Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c) ............. 12
Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and
ending homelessness ........................................................................................................... 12
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs ................................................................................................................... 12
Addressing the emergency shelter and transitional housing needs of homeless persons .... 12
Helping low-income individuals and families avoid becoming homeless , especially
extremely low-income individuals and families ................................................................. 12
Helping homeless persons ( especially chronically homeless individuals and families,
families with children, veterans and their families, and unaccompanied youth) make the
transition to permanent housing and independent living .................................................... 12
CR-30 -Public Housing 91.220(h); 91.320U) ........................................................................ 14
Actions taken to address the needs of public housing ......................................................... 14
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership ................................................................. 14
Actions taken to provide assistance to troubled PHAs ....................................................... 14
CR-35 -Other Actions 91.220U)-(k); 91.320(i)-U) ................................................................ 15
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing 91.220 U); 91.320 (i) ........................................................... 15
Actions taken to address obstacles to meeting underserved needs. 9I.220(k); 91.3200) .. 15
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320U) ............................ 15
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.3200) ......... 16
CAPER 2
Actions taken to develop institutional structure. 91.220(k); 91.320U) ............................... 16
Actions taken to enhance coordination between public and private housing and social
service agencies. 91.220(k); 91.320G) ................................................ , ............................... 16
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520( a) ........................... 17
CR-40 -Monitoring 91.220 and 91.230 ................................................................................. 19
Describe the standards and procedures used to monitor activities ...................................... 19
Citizen Participation Plan 91.lOS(d); 91.1 lS(d) ................................................................. 19
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports ........................................................................................ 19
CR-45 -CDBG 91.520(c) ........................................................................................................ 20
Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences .......................................................................................................................... 20
Does this Jurisdiction have any open Brownfields Economic Development Initiative
(BEDI) grants? .................................................................................................................... 20
[BEDI grantees] Describe accomplishments and program outcomes during the last year. 20
CAPER 3
List of Tables
Table 1 -Accomplishments -Program Year & Strategic Plan to Date ....... Error! Bookmark not
defined.
Table 2 -Table of assistance to racial and ethnic populations by source of funds ................ Error!
Bookmark not defined.
Table 3 -Resources Made Available ............................................. Error! Bookmark not defined.
Table 4 -Identify the geographic distribution and location of investments Error! Bookmark not
defined.
Table 5 -Number ofHouseholds ................................................... Error! Bookmark not defined.
Table 6 -Number of Households Supported ................................. Error! Bookmark not defined.
Table 7 -Number of Persons Served ............................................ Error! Bookmark not defined.
CAPER 4
CR-05 -Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
Below is a description of the progress the City of Cupertino has made in achieving the goals outlined in its strategic plan and annual
action. In fiscal year (FY) 2017/18, the City achieved its annual goals and is on track to meet the five (5) year goals outlined in the
Consolidated Plan. It should be noted that in FY 2016/17 , the City decided to change the funding source of ECHO Housing, its fair
housing non-profit service partner, to Below Market Rate Affordable Housing Funds (BMR AHF). Over the last two (2) years, the fair
housing program has been funded with CDBG funds. While the change has resulted in no CDBG funds being utilized for fair housing
services , the City continues to fund ECHO Housing to provide fair housing services . The agency has met or exceeded its annual goals.
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and
explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets ,
actual outcomes/outputs, and percentage completed for each of the grantee's program year goals.
Table 1-A lish ts-P y & Strate!!:ic Plan to Dat
Goal Category Source/ Amount Indicator Unit of Measure
Affordable Housing Affordable Housing CDBG: $167,823.20 Rental units rehabilitated Household Housing Unit
Affordable Housing Affordable Housin g CDBG: $64,000.00 Homeowner Housing Household Housing Unit Rehabilitated
Non-Housing Community CDBG: Public service activities other
Fair Housing than Low/Moderate Income Persons Assisted Development $0 Housing Benefit
Public service activities other
Homelessness Homeless CDBG: $32 ,488 .00 than Low/Moderate Income Persons Assisted
Housing Benefit
Non-Homeless Special Needs Public service activities other
Strengthen Neighborhoods Non-Housing Community CDBG : $15,495.05 than Low/Moderate Income Persons Assisted
Development Housing Benefit
Assess how the jurisdiction's use of funds, particularly CDBG, addresses the priorities and specific objectives identified in the
plan, giving special attention to the highest priority activities identified.
CAPER 5
The City Council adopted the 2015-2020 Consolidated Plan on April 7, 2015. Overall, the City has performed well at meeting the
major goals outlined in the Consolidated Plan. In total , the City's CDBG program assisted one hundred seventy seven (177) persons
access needed services. Of these persons , one hundred twenty-two (122) were extremely-low income, twenty-five (25) were very-low
income , twenty five (25) were low-income , and five (5) were moderate-income.
As illustrated in Table 1, the City has effectively utilized the CDBG funding to target the provision of services to seniors as well as the
provision of shelter and services to homeless individuals and families. Unfortunately , the City has not been effective at producing new
units for low-income and special needs households. The major barrier to accomplishing this goal has been the real estate market in
Cupertino and the lack of available land. However, in FY 17 /18 and FY 18 /19, the City has (and will) utilized CDBG funds to provide
funding to rehabilitation projects of affordable rental housing units that provide housing opportunities to extremely-low-, very-low,
and low-income households. In FY 15/16, the City also provided CDBG funds for rehabilitation work at Le Beaulieu Housing
Development, an affordable housing development for low income seniors.
Additionally, the City has increased its efforts to promote development of affordable housing throughout the City . The City joined the
Santa Clara County HOME Consortium in 2015. HOME funds can be used to fund eligible affordable housing projects for acquisition,
construction, and rehabilitation. Starting in FY 2015-16, developers of affordable housing projects were eligible to competitively apply
through an annual RFP process. Applications are submitted to the Santa Clara County Office of Supportive Housing (OSH) for the
HOME funds to help subsidize affordable housing projects within the City. If the City receives HOME funds from its participation in
the HOME Consortium, the required twenty-five percent (25%) matching funds will be provided from the City's BMR AHF. Currently,
the BMR AHF has an available balance of approximately $6,000,000. The Veranda, which will be developed by Charities Housing,
applied for and received $500 ,000 in HOME funds from the HOME Consortium. The property will provide eighteen (18) units oflow-
income senior housing and one (1) property manager unit to eighteen (18) households. The City provided a twenty-five (25%) match
for the project.
It should also be noted that the City utilizes a performance measurement system to monitor its progress at meeting its goals and
objectives . The performance measurement system lists objectives, outcomes, indicators as well as one-year goals and five-year
objectives for each goal statement. Goals include providing an adequate supply ofresidential units for all economic segments of the
population and providing housing that is affordable for a diversity of Cupertino households.
CAPER 6
CR-10 -Racial and Ethnic composition of families assisted
Describe the families assisted (including the racial and ethnic status of families assisted).
91.520(a)
Table 2 -Table of assistance to racial and ethnic populations by source of funds
CDBG
White 104
Black or African American 11
Asian 52
Asian/White 1
American Indian or American Native 1
American Indian/Alaska Native White 2
Other multi-racial 6
Total 177
Hispanic 17
Not Hispanic 160
In total, the City's CDBG program served one hundred and seventy seven (177) individuals. Of
those individuals, fifty nine percent (59%) were White; six percent (6%) were African American;
twenty nine percent (29%) were Asian; and six percent (6%) were either American
Indian/American Native, American Indian/Alaska Native/White, Asian/White or Other, Multi-
racial. Approximately, ten percent (10%) were Hispanic.
CAPER 7
CR-15 -Resources and Investments 91.520(a)
Table 3 -Resources Made Available
Source of Funds
CDBG
Narrative
Please see above.
T bl 4 Id t'f th a e -en 1 :y h 0 d 0 t 0 b t' e geograp 1c IS rI u ion an d I t' oca ion o f. t t mves mens
Target Area Planned Percentage Actual Percentage Narrative
of Allocation of Allocation Description
NIA NIA NIA The funds were
distributed citywide.
Narrative
Not applicable. The City has not established specific target areas to focus the investment of
CDBG funds .
Leveraging
Explain how federal funds lev eraged additional resources (private, state and local funds),
including a description of how matching requirements were satisfied, as well as how any
publicly owned land or property located within the jurisdiction that were used to address
the needs identified in the plan.
The City encourages all non-profit housing developers to leverage funding resources. It is the
City 's goal to leverage all funding with other resources. All the public service projects carried
out with CDBG funds from the City involved the leveraging of other funding sources.
For instance, many of the non-profits funded by the City receive monies from the United Way ,
charitable foundations , local jurisdictions, and/or other federal funding.
Other Federal Grant Prog ram s
In addition to the entitlement dollars listed above, the federal government has several other
funding progran1s for community development and affordable housing activities. These include:
the Section 8 Housing Choice Voucher Program, Section 202, Section 811, the Affordable
Housing Program (AHP) through the Federal Home Loan Bank, and others. It should be noted
that, in most cases , the City would not be the applicant for these funding sources as many of
these programs offer assistance to affordable housing developers rather than local jurisdictions.
County of Santa Clara and Local Hou s ing and Community Deve lopment Sources
CAPER 8
There are a variety of countywide and local resources that support housing and community
development programs. Some of these programs offer assistance to local affordable housing
developers and community organizations while others provide assistance directly to individuals.
These resources are discussed below.
Below Market-Rate Affordable Housing Fund (BMR AHF)
The BMR AHF receives its revenue from the payment of housing mitigation fees from non-
residential ( office, commercial, retail, research and development (R&D), hotel and industrial)
and residential development. The non-residential housing mitigation fee jobs/housing nexus
study acknowledges housing needs created by the development of office, commercial, retail,
hotel, R&D and industrial development. A fee is applied to new square footage of non-residential
development in the City. The fees collected are deposited in the City's BMR AHF and are to be
used for the provision of affordable housing.
A portion of the BMR AHF funds will be targeted to benefit extremely low-income households
and persons with specials needs (such as the elderly, victims of domestic violence, and the
disabled, including persons with development disabilities).
In FY 2017 /18, the City allocated $380,000 in BMR AHF to local non profit organizations that
provide fair housing services, BMR program administration, landlord/tenant rental mediation,
and an affordable rental housing renovation project.
General Fund Human Service Grants (HSG) Program
Arumally, the City Council allocates approximately $40,000 from the General Fund to public and
human service agencies within the City of Cupertino. The monies were utilized to fund a long-
term care ombudsman, client services for victims of domestic violence, and legal assistance to
semors.
As mentioned previously, the City joined the Santa Clara County HOME Consortium in 2015.
HOME funds can be used to fund eligible affordable housing projects for acquisition,
construction, and rehabilitation. Starting in FY 2015-16, developers of affordable housing
projects were eligible to competitively apply through an annual RFP process. Applications are
submitted to the County OSH for the HOME funds to help subsidize affordable housing projects
within the City. If the City receives HOME funds from its participation in the HOME
Consortium, the required twenty-five percent (25%) matching funds will be provided from the
City's BMR AHF. Currently, the BMR AHF had an available balance of approximately
$6,000,000. The Veranda, which will be developed by Charities Housing, applied for and
received $500,000 in HOME funds from the HOME Consortium. The property will provide
( eighteen) 18 units low-income senior housing and one ( 1) property manager unit. The City
provided a twenty-five percent (25%) match for the project.
It should be noted that the City does not own any vacant land that is suitable for development.
CAPER 9
CR-20 -Affordable Housing 91.520(b)
Evaluation of the jurisdiction's progress in providing affordable housing, including the
number and types of families served, the number of extremely-low income, low-income,
moderate-income, and middle-income persons served.
Table 5 -Number of Households
One-Year Goal Actual
Number of homeless households to 0 0
be provided affordable housing
units
Number of non-homeless 11 14
households to be provided
affordable housing units
Number of special-needs 0 0
households to be provided
affordable housing units
Total 11 14
a e -um ero T bl 6 N b fH ouse o s h Id S t d uppor e
One-Year Goal Actual
Number of households supported 0 0
through rental assistance
Number of households supported 0 0
through the production of new units
Number of households supported 11 14
through the rehab of ex isting units
Number of households supported 0 0
through the acquisition of existing
units
Total 11 14
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
The City 's annual goals w ere ex ceed in this FY. Rebuilding Together assisted eight homeowners
with the rehabilitation of their homes which is slightly higher than the seven housing unit goal.
WVCS completed rehabilitation repairs on six affordable housing rental units which are
occupied by extremely-low, very-low, and low-income households.
Discuss how these outcomes will impact future annual action plans.
As discussed above , the City exceeded its goals this FY. The City will continue to address the
needs highlighted in its 2015-2020 Consolidated Plan and does not foresee any changes to its
Annual Action Plan . As mention above , although fair housing activities are no longer funded
with CDBG dollars, the City continues to fund a fair housing service provider with its BMR
CAPER 10
AHF funds . The fair housing service provider meets it goals of investigating ten ( 10) cases of
suspected housing discrimination.
Include the number of extremely low-income, low-income, and moderate-income persons
served by each activity where information on income by family size is required to
determine the eligibility of the activity.
Table 7 -Number of Persons Served
Number of Persons Served CDBG Actual HOME Actual
Extremely Low-income 122 0
Very Low-income 25 0
Low-income 25 0
Moderate-income 5 0
Above Moderate-income 0 0
Total 177 0
Narrative Information
In total , one hundred and seventy seven (177) persons were serve d through the City's CDBG
funded services. Of the individuals, one hundred and twenty two (122) were extremely-low
income, twenty five (25) were very-low income, twenty fi v e (25) were low-income, and five (5)
were moderate-income .
CAPER 11
CR-25 -Homeless and Other Special Needs 91.220(d, e); 91.320(d, e); 91.520(c)
Evaluate the jurisdiction's progress in meeting its specific objectives for reducing and
ending homelessness through:
Reaching out to homeless persons (especially unsheltered persons) and assessing their
individual needs.
Through the assistance of Santa Clara County Measure A funds, six ( 6) units will be reserved at
The Veranda as permanent supportive housing units for homeless seniors , aged sixty-two (62) or
older, with disabling conditions. The Veranda is one of the first developments to take advantage
of Measure A funding.
In 2017 , the City provided $3 ,672 ,000 in BMR AHF to The Veranda, a low-income senior
development. Of the nineteen (19) units at The Veranda, six ( 6) have been set aside as Measure
A units designed to serve extremely low-income formerly homeless individuals. Through the
City's participation in the Santa Clara County HOME Investment Partnerships Program (HOME)
Consortium , The Veranda secured $500,000 in HOME funds.
Addressing the emergency shelter and transitional housing needs of homeless persons.
The City supports efforts to end homelessness. The City allows zoning for emergency shelters.
This has allowed the Faith in Action Silicon Valley Rotating Shelter Program to set-up overnight
shelter beds in churches throughout the City. As part of the 2014-2022 Housing Element update ,
the City updated its z oning code to comply with SB No . 2 regarding emergency shelters.
In FY 2016-17 , the City provided $23 ,400 to Maitri through the General Fund Human Service
Grant's (HSG) Program. Maitri provides transitional housing for adult women and children who
are victims of domestic violence . The majority of the household served by Maitri are homeless.
Helping low-income individuals and families avoid becoming homeless, especially
extremely low-income individuals and families and those who are: likely to become
homeless after being discharged from publicly funded institutions and systems of care
(such as health care facilities, mental health facilities, foster care and other youth facilities,
and corrections programs and institutions); and, receiving assistance from public or
private agencies that address housing, health, social services, employment, education, or
youth needs
In FY 17/18, the City of Cupertino provided $32,488 in CDBG funds to WVCS to administer its
Community Access to Resources and Education (CARE) program. The program provides sh011-
term rental assistance to support homeless families transitioning to permanent ·housing. It should
be noted that CDBG dollars are not utilized to fund the short term rental assistance.
Additionally, the program allocates Red Cross emergency rental grants and emergency utility
payments to assist low-income individuals and families on the verge of homeless maintain their
housing.
CAPER 12
Additionally, in FY 17/18, the City provided General Fund HSG and/or BMR AHF to the
following organizations:
• Senior Adult Legal (SALA)-Received $10,100 from the HSG. SALA provided free
legal services to sixty-five (65) Cupertino residents age sixty (60) or older. Ninety one
percent (91 % ) were seen at a SALA appointment at the Cupertino Senior Center and the
rest were served through a SALA site in another city or our Central Office in San Jose.
All clients were presumed low/moderate income ( 51 % to 80% AMI) by HUD because
they are elderly (age 60 or older). In addition, 48% were age 75 or older, a demographic
placing them at risk of abuse, isolation, or institutionalization.
• Maitri -Received $23,400 from the Human Services Grant. The Anjali Transitional
House (TH) served 34 women and children for 5,043 bednights and provided adult
residents with 361 case management sessions. The TH provided residents with a safe,
longer-term housing option (up to nine months), as well as culturally appropriate and
customized support that helped them gain the self-confidence and skills needed to rebuild
their lives. Residents engaged in activities such as English and driving classes, and
employment and housing searches.
• Catholic Charities -$6,500 from the Human Services Grant. Catholic Charities provided
needed advocacy of our elders in long-term care.
Helping homeless persons ( especially chronically homeless individuals and families,
families with children, veterans and their families, and unaccompanied youth) make the
transition to permanent housing and independent living, including shortening the period of
time that individuals and families experience homelessness, facilitating access for homeless
individuals and families to affordable housing units, and preventing individuals and
families who were recently homeless from becoming homeless again
As mentioned above, the City provided $32,488 in CDBG funds to WVCS to administer its
Community Access to Resources and Education (CARE) program. The program provides short-
term rental assistance to support homeless families transitioning to permanent housing.
Additionally, the program allocates Red Cross emergency rental grants and emergency utility
payments to assist low-income individuals and families on the verge of homeless maintain their
housing.
In total, the City allocated approximately $47,983 in CDBG, $45,000 in BMR AHF and $40,000
in HSG money to provide a variety of support services for low-income Cupertino households.
Services provided include the provision of food, clothing, legal assistance, emergency rental
assistance, and a variety of other services.
CAPER 13
CR-30 -Public Housing 91.220(h); 91.3200)
Actions taken to address the needs of public housing
Not applicable. The Housing Authority of the County of Santa Clara (HACSC) owns and
manages four public housing units, which are all located in the City of Santa Clara. There is no
public housing in Cupertino.
Actions taken to encourage public housing residents to become more involved in
management and participate in homeownership
While the majority of their units have been converted to affordable housing stock, HACSC is
proactive in incorporating resident input into the agency's policy-making process. An equitable
and transparent policy-making process that includes the opinions of residents is achieved through
the involvement of two tenant commissioners, one being a senior citizen, on the HACSC board.
Actions taken to provide assistance to troubled PHAs
Not applicable.
CAPER 14
CR-35 -Other Actions 91.220U)-(k); 91.320(i)-U)
Actions taken to remove or ameliorate the negative effects of public policies that serve as
barriers to affordable housing such as land use controls, tax policies affecting land, zoning
ordinances, building codes, fees and charges, growth limitations, and policies affecting the
return on residential investment. 91.220 U); 91.320 (i)
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320U)
As mentioned in the Consolidated Plan, the City's highest need is for affordable units for low-
income and special needs households. One of the primary impediments to creating the affordable
units is the high cost of land in Cupe1iino and rising construction costs. In order to fund 100%
affordable developments, the City adopted a housing mitigation program in 1993. Originally, the
program required all new residential developments to dedicate 10% of its housing as affordable .
In 2002, the City updated the Housing Element and raised the requirement to 15%. For smaller
developments with less than seven units, developers can build one BMR unit or pay an in-lieu
fee. This in-lieu fee allows the City to accumulate funds to use for affordable developments. In
the past ten years, the City has accumulated over five million dollars in fees. These fees have
been used to fund the Stevens Creek Village 40-unit development for single-persons and small
households; Vista Village, a 24-unit development aimed at housing small and medium size
families; and Senior Housing Solutions ' purchase of a home for use as senior congregate care.
To ensure that the mitigation fees continue to be adequate to mitigate the impacts of new
development on affordable housing needs, the City completed a nexus study update in 2015. The
purpose of the nexus study update was to allow the City to consider appropriate mitigation fee
charges and possible affordable percentage requirements. The City Council adopted the updated
residential and non-residential housing mitigation fees on May 5, 2015. The fees went into effect
on July 6 , 2015. A more recent revision of fee schedule went into effect in August 2017.
The City has increased its efforts to promote development of affordable housing throughout the
City. The City joined the Santa Clara County HOME Consortium in 2015. HOME funds can be
used to fund eligible affordable housing projects for acquisition, construction, and rehabilitation.
Starting in FY 2015-16, developers of affordable housing projects were eligible to competitively
apply through an annual RFP process. Applications are submitted to the County OSH for the
HOME funds to help subsidize affordable housing projects within the City. The Veranda, which
will be developed by Charities Housing, applied for and received $500,000 in HOME funds from
the HOME Consortium for FY 18/19. The property will provide 18 units low-income senior
housing and one property manager unit to 18 households. The City provided a 25% match for the
project.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320U)
The number of units with potential lead-based paint hazards in the City is likely less than 500.
Lower income households will occupy some percentage of these units, but how many is not
known. In addition to working with the County Health Department to identify and assist any
CAPER 15
children with elevated blood lead levels, the City will, as part of its efforts to address the
rehabilitation needs of its housing stock, provide assistance to persons seeking to mitigate
lead hazards in the home.
Currently, City staff has a policy to test any property being assisted with CDBG funds for the
presence oflead based paint if the property was constructed prior to 1978. If the property tests
positive for the presence of lead based paint, then the City assists with the abatement of the paint.
In all cases, the property owners and tenants are notified of the presence of the lead based paint.
The City also assists the contractor with finding contractors trained on how to deal with lead
based paint or receiving training themselves.
Actions taken to reduce the number of poverty-level families. 91.220(k); 91.320(j)
As mentioned earlier, the City funds WVCS's Community Access to Resources and Education
(CARE) program to provide those living below the poverty level with food, clothing and
emergency rental assistance. These are basic necessities that those living at or below the poverty
level cannot afford due to limited incomes. WVCS also provides job search assistance and basic
computer classes in an attempt to reduce the number of persons living below the poverty level.
Additionally, the City makes it a high priority to provide affordable rental units to extremely-low
income households.
Actions taken to develop institutional structure. 91.220(k); 91.320(j)
The City continues to participate with other local jurisdictions in sharing information and
resources regarding CDBG and other housing programs. Meetings take place on a quarterly
basis. Additionally, when projects are funded by multiple jurisdictions, the jurisdictions involved
cooperate in an effort to reduce duplication of work and reduce project monitoring costs.
City staff will continue the following collaborative efforts to improve institutional structure:
• Joint jurisdiction Request for Proposals and project review committees
• Coordination on project management for projects funded by multiple jurisdictions
• HOME Consortium between member jurisdictions for affordable housing projects
The City is also represented at the Santa Clara County Association of Planning Officers
(SCCAPO) and Silicon Valley Leadership Group's Housing Action Coalition (HAC) meetings .
These meetings are especially important in fostering regional approaches to providing affordable
housing.
Actions taken to enhance coordination between public and private housing and social
service agencies. 91.220(k); 91.320(j)
The City benefits from a strong jurisdiction and region-wide network of housing and community
development partners, such as Regional Housing Working Group and the CoC. To improve
intergovernmental and private sector cooperation, the City participated with other local
jurisdictions and developers in sharing information and resources.
CAPER 16
In addition to the actions listed above, the City continues to partner with nonprofit agencies to
host a yearly Housing Fair to provide residents with access to developers, BMR managers, and
housing agencies and programs. The City also leveraged its BMR AHF to assist nonprofit
affordable housing developers, including assisting Charities Housing with the financing of The
Veranda, a 100% affordable senior housing development, by providing a 25% match requirement
to the County's HOME Consmtium funds.
Identify actions taken to overcome the effects of any impediments identified in the
jurisdictions analysis of impediments to fair housing choice. 91.520(a)
On January 12, 2012, the City Council adopted a new Analysis oflmpediments (Al) to Fair
Housing Choice and the recommended policies and actions to respond to the fair housing
impediments identified in the document. The document states that the primary impediments to
fair housing choice are access to affordable housing and knowledge of fair housing services. The
City has implemented the following in response to the impediments identified in the AI:
• Facilitate access to below market rate (BMR) units. The City will continue to assist
affordable housing developers and market rate developers in advertising the availability of
BMR and affordable units via a link on the City 's website and the United Way's 2-1-1
program, phone referrals, and other media outlets. The City will also facilitate
communications between special needs service providers and affordable housing developers,
to ensure that home seekers with special needs have fair access to available units.
• City staff continues to contract with a fair housing provider to conduct outreach and
education regarding fair housing for home seekers , landlords, property manager, real estate
agents, and lenders.
,~ • In addition to outreach, the fair housing provider will conduct fair housing testing in local
apartment complexes.
• The City will periodically review the Zoning Ordinance to ensure regulations are consistent
with fair housing laws and do not constrain housing production. If particular zoning
requirements impede fair housing or production, the City will amend the regulations.
• The City will continue to support the HACSC to ensure adequate outreach to minority,
limited English proficiency, and special needs populations regarding the availability of public
housing and Section 8 vouchers.
• The City will continue to plan for higher residential and employment densities where
appropriate to maximize linkages between employers and affordable housing.
• The City will continue to work with local transit agencies to facilitate safe and efficient
routes for the various forms of public transit.
Eden Council for Hope and Opportunity (ECHO) received $10,000 from the City's BMR AHF
for support of fair housing activities. These activities included the provision of fair housing
counseling, case investigation services and outreach and educational activities to increase
community awareness of fair housing. Below is a list of the activities carried out by ECHO to
increase community awareness of fair housing activities in Cupertino.
• Conducted 3 tester trainings;
• Conducted 4 fair housing presentations;
• Distributed 1,340 educational brochures throughout the City at City Hall, the library, and
CAPER 17
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senior center;
• Participated in Fair Housing Month activities in Santa Clara County and the City;
CAPER 18
CR-40 -Monitoring 91.220 and 91.230
Describe the standards and procedures used to monitor activities carried out in
furtherance of the plan and used to ensure long-term compliance with requirements of the
programs involved, including minority business outreach and the comprehensive planning
requirements
The City continues to actively monitor all subrecipients and projects ensuring compliance with
program and comprehensive planning requirements. Monitoring involves review of quarterly
reports, invoices with backup material, and review of agency audit reports. Annual on-site
monitoring is carried out for all CDBG subrecipients and consists of reviewing client files,
financial records, policies, procedures and compliance with federal requirements as detailed in
the subrecipient contracts.
Citizen Participation Plan 91.105( d); 91.llS(d)
Describe the efforts to provide citizens with reasonable notice and an opportunity to
comment on performance reports.
A draft CAPER was made available on the City website (www.cupertino.org/housing) and at
City Hall for the required 15-day public comment period (August 27, 2018 through September
10, 2018). An advertisement was placed in the Cupertino Courier, a newspaper of general
circulation on August 26, 2018, advertising the availability of the CAPER for public review and
comment. If citizens could not physically come into City Hall to review the report, a report could
be mailed or e-mailed to the citizen free of charge. The City also makes available a TDD phone
number for the hearing impaired. The City also conducted a public hearing at the Cupertino
Housing Commission meeting held on September 13, 2018 allowing the public an opportunity to
comment on the CAPER.
CAPER 19
CR-45 -CDBG 91.520( c)
Specify the nature of, and reasons for, any changes in the jurisdiction's program objectives
and indications of how the jurisdiction would change its programs as a result of its
experiences.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
Not applicable .
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
Not applicable.
CAPER 20