Loading...
HC Searchable Packet 03-11-2021CITY OF CUPERTINO HOUSING COMMISSION AGENDA This will be a teleconference meeting with no physical location . Thursday, March 11, 2021 9:00 AM Teleconference Meeting -Special Meeting TELECONFERENCE / PUBLIC PARTICIPATION INFORMATION TO HELP STOP THE SPREAD OF COVID-19 In accordance with Governor Newsom’s Executive Order No-29-20, 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 4:00 p.m. on Wednesday, March 10th to the Commission at housingcommission@cupertino .org. These e-mail comments will be received by the Commission 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 housingcommission@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 housingcommission@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 Committee, click on the link below to register in advance and access the meeting: Online Page 1 Housing Commission Agenda March 11, 2021 Please click the link below to join the webinar : https://cityofcupertino.zoom.us/webinar/register/WN_uO75Q_Z1TNmHZQuEn6vH2g Phone Dial 669-900-6833 and enter Webinar ID: 979 8702 8094 (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: 979 8702 8094 SIP: 97987028094@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 . In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference 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. Page 2 Housing Commission Agenda March 11, 2021 NOTICE AND CALL FOR A SPECIAL MEETING OF THE HOUSING COMMISSION NOTICE IS HEREBY GIVEN that a special meeting of the Housing Commission is hereby called for Thursday, March 11, 2021, commencing at 9:00 am. In accordance with Governor Newsom’s Executive Order No-29-20, this is a teleconference meeting without a physical location. Said special meeting shall be for the purpose of conducting business on the subject matters listed below under the heading “Special Meeting”. SPECIAL MEETING: ROLL CALL APPROVAL OF MINUTES 1.Subject: Draft Minutes of February 11, 2021 Recommended Action: Approve or modify the Draft Minutes of February 11, 2021 Draft Minutes of February 11, 2021 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 PUBLIC HEARINGS 2.Subject: Fiscal Year (FY) 2021-22 Community Development Block Grant (CDBG) Program and Below Market Rate (BMR) Affordable Housing Fund (AHF) funding allocations. Recommended Action: 1) Adopt Resolution 21-01 recommending FY 2021-22 CDBG and BMR AHF funding allocations to City Council for final approval . Tentative City Council Hearing date: April 6, 2021 Staff Report A - Resolution No. 21-01 B - FY 21-22 NOFA RFP C - FY 2021-22 CDBG and BMR AHF Funding Application Descriptions OLD BUSINESS NEW BUSINESS Page 3 Housing Commission Agenda March 11, 2021 STAFF AND COMMISSION REPORTS FUTURE AGENDA SETTING ADJOURNMENT In compliance with the Americans with Disabilities Act (ADA), anyone who is planning to attend this teleconference 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 during normal business hours. IMPORTANT NOTICE: Please be advised that pursuant to Cupertino Municipal Code 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. You are hereby admonished not to include any personal or private information in written communications to the City that you do not wish to make public; doing so shall constitute a waiver of any privacy rights you may have on the information provided to the City . 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 City of Cupertino 10300 Torre Avenue Cupertino, CA 95014 (408) 777-3308 ACTION MINUTES OF THE REGULAR MEETING OF THE HOUSING COMMISSION HELD ON FEBRUARY 11, 2021 CALL TO ORDER Vice Chair Cunningham opened the meeting at 9:00am. Chair Bose joined the meeting at 9:02am. ROLL CALL Commission Members present: Sue Bose, Chair Connie Cunningham, Vice Chair Siva Gandikota, Commissioner Tessa Parish, Commissioner Govind Tatachari, Commissioner Commission Members absent: Staff present: Kerri Heusler, Housing Manager Beth Ebben, Deputy Board Clerk Kirsten Squarcia, City Clerk Dianne Thompson, Assistant City Manager CEREMONIAL MATTERS AND PRESENTATIONS 1. Subject: Oath of Office for Newly-Appointed Housing Commission members; training on Commissioner Handbook approved by City Council on January 19, 2021 Recommended Action: That the City Clerk: 1) Conduct Oath of Office for Newly-Appointed Housing Commission members; and 2) Conduct training on Commissioner Handbook The Commission accepted a presentation from staff member Squarcia. Staff member Squarcia answered questions from Commissioners. APPROVAL OF MINUTES 2. Minutes of the January 14, 2021 Housing Commission meeting were approved as amended. Parish moved and Gandikota seconded. AYES: Bose, Cunningham, Gandikota, Parish NOES: ABSTAIN: Tatachari ABSENT: VOTE: 4-0-1-0 ORAL COMMUNICATIONS 2 Member of the public Liana Crabtree spoke about housing bills. Member of the public Jennifer Griffin spoke about vaccinations for the homeless. Member of the public Steven Scharf provided an introduction. WRITTEN COMMUNICATIONS None OLD BUSINESS None NEW BUSINESS 3. Subject: Election of Chair and Vice Chair Recommended Action: Elect a Chair and Vice Chair of the Housing Commission Bose and Gandikota recommended Cunningham as Chair. Bose moved and Gandikota seconded. AYES: Bose, Cunningham, Gandikota, Parish, Tatachari NOES: ABSTAIN: ABSENT: VOTE: 5-0-0-0 Gandikota and Bose recommended Parish as Vice Chair. Gandikota moved and Bose seconded. AYES: Bose, Cunningham, Gandikota, Parish, Tatachari NOES: ABSTAIN: ABSENT: VOTE: 5-0-0-0 4. Subject: Housing Commission meeting schedule for 2021 Recommended Action: Discuss and confirm meeting schedule for calendar year 2021 Gandikota requested an update on work program items and future agenda items. Members of the public Jennifer Griffin and Liana Crabtree spoke on this item. Cunningham moved and Gandikota seconded with the recommendation to include future agenda items n the agenda. 3 AYES: Bose, Cunningham, Gandikota, Parish, Tatachari NOES: ABSTAIN: ABSENT: VOTE: 5-0-0-0 STAFF UPDATES AND COMMISSIONER ACTIVITY REPORT: Staff member Heusler provided information about the following items:  Commissioner bio and photos for website- due 2/15  March 11 meeting- City Data Services login  Work program update  City Council actions and items  Mayor’s Monthly Meeting Schedule Date Housing Commissioner 3/10/2021 Bose 4/14/2021 Gandikota 5/12/2021 Parish 6/9/2021 Tatachari 7/14/2021 Cunningham 8/11/2021 Bose 9/8/2021 Gandikota 10/13/2021 Parish 11/10/2021 Tatachari 12/8/2021 Cunningham Cunningham reported on attendance at the Mayor’s meeting. ADJOURNMENT: The meeting was adjourned at 10:46am to the next regularly scheduled Housing Commission meeting. Respectfully submitted: /s/Kerri Heusler Kerri Heusler Housing Manager HOUSING COMMISSION STAFF REPORT Meeting: March 11, 2021 Subject Fiscal Year (FY) 2021-22 Community Development Block Grant (CDBG) Program and Below Market Rate (BMR) Affordable Housing Fund (AHF) funding allocations. Recommended Action 1. Adopt Resolution 21-01 recommending the FY 2021-22 CDBG and BMR AHF funding allocations to City Council for final approval. Background An annual Notice of Funding Availability (NOFA) and Request for Proposals (RFP) (Attachment A) was issued on November 10, 2020 inviting applicants to apply for eligible capital housing projects for the upcoming FY 21-22 (one-year funding cycle). The NOFA/RFP deadline ended on February 9, 2021. The City is not accepting applications for public services due to a three-year grant funding cycle ending in FY 22-23. Housing Commission reviews BMR AHF applications at the same time as CDBG applications and makes funding recommendations to the City Council. If the City Council changes BMR AHF funding amounts for FY 21-22 then each agency’s funding will be changed proportionately. CDBG funding amounts will be reduced or increased proportionately for FY 21-22 based on final HUD allocation formula and City Council approval. Discussion CDBG Funding The United States Department of Housing and Urban Development (HUD) annually allocates grants such as CDBG, Home Investment Partnerships Program (HOME), Housing Opportunities for People with AIDS (HOPWA), and Emergency Shelter Grants (ESG) to local jurisdictions for community develop ment activities. Cupertino is one of nine entitlement jurisdictions within Santa Clara County. Jurisdictions typically must have a population of 50,000 or more to qualify as an “entitlement jurisdiction” that receives grant funding directly from HUD. Entitlement grants are largely allocated on a formula basis, based on several objective measures of community needs, including the 2 extent of poverty, populations, housing overcrowding, age of housing, and extent of population growth lag in relationship to other metropolitan areas. This is Cupertino’s nineteenth year as an entitlement jurisdiction receiving a CDBG grant directly from HUD. On March 2, the City received notice from HUD that it will receive $406,806.00 in CDBG funds for FY 21-22. Program income of $7,944 will be reallocated from existing CDBG loan payoffs. Of the total funding, 20% may be used for administrative costs to cover salary and benefits of staff who operate the CDBG program , a maximum of 15% may be used for public services, and a maximum of 65% may be used for capital housing projects. Approximately $48,000 in unused CDBG funds from FY 20-21 will be added to the CDBG capital housing project category. As noted earlier, CDBG funding amounts will be reduced or increased proportionately for FY 21-22 based on the final HUD allocation formula and City Council approval. In addition, the City put into place a CDBG Contingency Plan (Exhibit 1) in the event that the City receives more or less funding from HUD. FY 21-22 CDBG Budget Entitlement Amount $406,806.00 Program Income FY 20-21 $7,944.00 Sub-Total $414,750.00 Program Administration (20%) $82,950.00 Public Service (15%) $62,212.50 Capital/Housing Projects (65%) + $48,000 Unused FY 20-21 CDBG funds $317,587.50 Total $462,750.00 HUD regulations require that eligible housing activities selected for funding must benefit very-low and low-income households or eliminate a blighted area or address an urgent (emergency) community need and must also meet a national objective. In addition, only certain types of eligible activities qualify under the CDBG regulations. Examples of eligible activities are: • Purchase of Land  Public improvements • Public service activities • Affordable housing developments • Property acquisition for affordable housing • Rehabilitation of affordable units 3 2021-22 CDBG Capital Housing Project Funds (One-Year Funding Cycle) As noted earlier, a total of $317,587.50 is proposed to be used for eligible CDBG capital housing projects. The City received two applications in this category totaling $318,340.45, an excess of $752.95. Staff is recommending funding the applications as noted in the table below. 1 CDBG Capital Housing Projects FY 21-22 Application Summary Funds Available Funding Requests Funding Recommendations FY 20-21 Funding Allocations a Rebuilding Together Silicon Valley- Housing Repair and Rehabilitation Program $97,318.00 $97,318.00 $83,363.40 b West Valley Community Services (WVCS) - Vista Village Complex Rehabilitation Project $221,022.45 $220,269.50 $174,850.40 Sub-Total $317,587.50 $318,340.45 $317,587.50 $258,213.80 Below Market Rate (BMR) Affordable Housing Fund (AHF) The BMR AHF receives its revenue from the payment of housing mitigation fees from non-residential (commercial, retail, hotel, research and development (R&D) and industrial) and residential development. Formal agreements and monitoring are required for this program, but the requirements are less stringent than federal funding. 2021-22 BMR AHF Capital Housing Project Funds (One-Year Funding Cycle) The City estimates up to $6,000,000.00 will be available to fund eligible BMR AHF capital housing projects for FY 21-22 after accounting for administrative and other expenses. Over the course of the year, staff met with multiple developers and non-profits to provide technical assistance for the BMR AHF funds in order to generate affordable housing. The City received one application in this category totaling $2,000,000.00. The Pacific West Communities, Inc.- Westport Project application is a request for gap financing to construct the senior affordable project in the Westport development at 21267 Stevens Creek Blvd, Cupertino. The Westport development is subject to the City’s inclusionary requirement and staff does not recommend use of the City’s BMR AHF funds on inclusionary projects. Staff has provided the developer with information about available funding sources (Santa Clara County Measure A Affordable Housing Bond, Destination:Home Community Housing Fund, and the HUD Home Investments Partnership Fund) and will provide a letter of support for the Westport tax credit application. 4 1 BMR AHF Capital Housing Projects FY 21-22 Application Summary Funds Available Funding Requests Funding Recommendations FY 20-21 Funding Allocations a Pacific West Communities, Inc.- Westport Project $2,000,000.00 Not recommended for funding $0 Sub-Total $6,000,000.00 $2,000,000.00 $0 $0 Fiscal Impact Sufficient funding will be available and budgeted for all FY 21-22 CDBG and BMR AHF funding allocations. CDBG programs and projects are funded by HUD grant funds. BMR AHF programs and projects are funded by housing mitigation fees collected from residential and non-residential development projects. Analysis Attachment C provides the CDBG and BMR AHF funding application descriptions. Process This is the first of two public hearings required by HUD for CDBG. The second public hearing will be held at a future City Council meeting with a date and time to follow. All required HUD notices are published in the Cupertino Courier newspaper in advance announcing upcoming CDBG public hearings. Prepared by: Kerri Heusler, Housing Manager Reviewed and Approved for Submission by: Albert Salvador, Acting Director of Community Development Attachments: A- Resolution No 21-01 B- FY 21-22 NOFA/RFP C- FY 21-22 CDBG and BMR AHF Funding Application Descriptions RESOLUTION NO. 21-01 A RESOLUTION OF THE HOUSING COMMISSION OF THE CITY OF CUPERTINO RECOMMENDING APPROVAL OF THE FISCAL YEAR (FY) 2021-22 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM AND BELOW MARKET RATE (BMR) AFFORDABLE HOUSING FUND (AHF) FUNDING ALLOCATIONS TO CITY COUNCIL FOR FINAL ADOPTION WHEREAS, the Housing and Community Development Act of 1974 provides that funds be made available for the CDBG Program; and WHEREAS, the City of Cupertino wishes to apply for funds as an entitlement jurisdiction under said Act; and WHEREAS, the City of Cupertino was notified by the United States Department of Housing and Urban Development (HUD) that it will receive a $406,806.00 CDBG entitlement grant to be allocated for FY 21-22; and WHEREAS, the City of Cupertino estimates allocating $7,944 in CDBG program income for FY 21-22; and WHEREAS, the City of Cupertino estimates allocating $48,000 in unused CDBG funds from FY 20-21 to the CDBG capital housing project category; and WHEREAS, the City of Cupertino is required to submit a FY 21-22 CDBG Annual Action Plan to HUD for review and approval prior to being allowed to expend CDBG funds for FY 21-22; and WHEREAS, the City of Cupertino put into place a CDBG Contingency Plan (Exhibit 1) because of the uncertainty in the federal budget; and NOW, THEREFORE, BE IT RESOLVED that the Housing Commission does hereby: 1. Recommend approval of the FY 21-22 CDBG and BMR AHF funding allocations (Exhibit 2) to the City Council for final adoption; and 2. The FY 21-22 CDBG and BMR AHF recommended grant funding allocations will be decreased/increased based on final budget allocations by HUD and the City Council. Resolution No. 21-01 BE IT FURTHER RESOLVED that this Resolution is not a project under the requirements of the California Environmental Quality Act, together with related State CEQA Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical change in the environment. In the event that this Resolution is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility that the action approved may have a significant effect on the environment. CEQA applies only to actions which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. In this circumstance, the proposed action (FY 21-22 funding allocations) would have no or only a de minimis effect on the environment because it has no potential for resulting in physical change in the environment. The foregoing determination is made by the Housing Commission in its independent judgment. PASSED AND ADOPTED at a regular meeting of the Housing Commission of the City of Cupertino this 11th day of March, 2021, by the following vote: Members of the Housing Commission AYES: NOES: ABSENT: ABSTAIN: SIGNED: ________ Connie Cunningham, Chair City of Cupertino ________________________ Date ATTEST: ________ Kerri Heusler, Housing Manager ________________________ Date Resolution No. 21-01 Exhibit 1 CDBG Contingency Plan In the case of funding increase, the following plan is recommended: Public Services: Distribute the additional available amount in the public services cap until an applicant is fully funded. If an applicant reaches the funding amount requested, any remaining funds will be distributed to other applicants who have not yet reached the maximum funding amount. Administration: Funds are to be allocated to the City of Cupertino for CDBG administration. General Fund allocation will be reduced accordingly. Capital Housing Projects: Distribute the additional available amount in the capital/housing projects cap until an applicant is fully funded. If an applicant reaches the funding amount requested, any remaining funds will be distributed to other applicants who have not yet reached the maximum funding amount. In the case of a funding decrease, the following plan is recommended: Public Services: Distribute any funding decrease proportionately among the remaining public service applicants, but maintain a minimum funding allocation of $15,000 for any applicant to the extent feasible. Administration: Any decrease in funding will be supplemented by the General Fund for CDBG administration. Capital/Housing Projects: Any decrease in funding may be supplemented wholly or partially based on funding available, by the Below Market Rate (BMR) Affordable Housing Fund (AHF) for CDBG Capital Housing projects. Resolution No. 21-01 Exhibit 2 FY 2121-22 CDBG and BMR AHF Grant Application Summary FY 21-22 Grant Application Summary Funds Available Funding Requests Funding Recommendations CDBG Program Administration $82,950.00 $82,950.00 $82,950.00 Sub-Total $82,950.00 $82,950.00 $82,950.00 1 CDBG Capital Housing Project Applications a Rebuilding Together Silicon Valley- Housing Repair and Rehabilitation Project $97,318.00 $97,318.00 b West Valley Community Services (WVCS) - Vista Village Renovation Project $221,022.45 $220,269.50 Sub-Total $317,587.50 $318,340.45 $317,587.50 2 BMR AHF Capital Housing Project Applications a Pacific West Communities, Inc.- Westport Project $2,000,000.00 Not recommended for funding Sub-Total $6,000,000.00 $2,000,000.00 $0 Page 1 of 4 City of Cupertino Notice of Funding Availability (NOFA) and Request for Proposals (RFP) Issued: November 10, 2020 Deadline: February 9, 2021 The City of Cupertino has issued the fiscal year (FY) 2021/22 NOFA and RFP. The City is requesting proposals for eligible capital housing projects. 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 City is not accepting applications for public services due to a three-year grant funding cycle ending in FY 2022/23. The following funding sources are on a one-year grant funding cycle (FY 21/22): 1. Below Market Rate (BMR) Affordable Housing Fund (AHF) Capital Housing Projects (up to $6,000,000) 2. Community Development Block Grant (CDBG) Capital Housing Projects (approx. $310,000) The estimated CDBG dollar amounts may change based upon the final federal budget approved by Congress. BMR AHF and CDBG 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 21/22): The City estimates up to $6,000,000.00 will be available to fund eligible BMR AHF capital housing projects on a competitive basis for FY 21/22. 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. • DEs must demonstrate credit worthiness, financial capacity, relevant experience to undertake acquisition, rehabilitation, operation of rental housing, or redevelopment of new affordable housing. Page 2 of 4 • 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 Interest only. All outstanding interest and principal will be due in full and payable on or by the maturity date 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 21/22): The City estimates allocating up to $360,000 in funding for eligible CDBG capital housing projects on a competitive basis for FY 21/22. 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 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 Page 3 of 4 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 approximately $389,000 in CDBG program entitlement funds from the United States Department of Housing and Urban Development (HUD) for FY 21/22. Approximately $48,000 in unused CDBG funds from the prior FY 20/21 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: https://www.sccgov.org/sites/osh/HousingandCommunityDevelopment/AffordableHousingBond/Pages/home.a spx 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 send a written request to an applicant requesting additional information. After the RFP deadline has been completed, all eligible and complete program and/or project applications will be forwarded to the City’s Housing Commission for initial rating and ranking. The Housing Commission is a five-member board appointed by the City Council and serves as the recommendation body to the City Council regarding housing policies and funding recommendations. A Housing Commission public hearing will be held in which the initial rating and ranking of eligible and complete program and/or project applications will occur. After the Housing Commission has initially rated and ranked applications, the funding recommendations will be forwarded to the City Council for final approval. A City Council public hearing will be held to determine the final funding recommendations. Award Notification: After the City Council has made the final funding recommendations, organizations will be notified with results funded through this FY 21-22 RFP. 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 Page 4 of 4 RFP Application Information & Deadlines: The RFP application period will open at 8:00am on Tuesday, November 10, 2020 and will end at 5:00pm on Friday, February 9, 2021. 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 Kerri Heusler, Housing Manager, at kerrih@cupertino.org or 408.777.3251. 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 RFP. Applicants will be notified of upcoming meetings and public hearings to discuss the expenditure of BMR AHF 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. Page 1 of 1 Attachment C FY 2021-22 Community Development Block Grant (CDBG) and Below Market Rate (BMR) Affordable Housing Funds (AHF) Funding Application Descriptions CDBG Capital Housing Projects: Application 1a. Name of Organization: Rebuilding Together Silicon Valley (RTSV) Name of Project: Housing Repair and Rehabilitation Project Annual Goal: Renovate seven housing units and provide 31 repairs Project Description: Provide home safety repairs and mobility and accessibility improvements for 8 or more homes and/or community facilities for very low-income residents. Funding Request: $97,318.00 Housing Commission Funding Recommendation: $97,318.00 Applicant 1b. Name of Organization: West Valley Community Services (WVCS) Name of Project: Vista Village Complex Rehabilitation Project Annual Goal: Complete renovation of 5 below market rate (BMR) housing units Project Description: Preserve affordable housing and revitalize the Vista Village affordable housing complex. Complete renovation of 5 units including, but not limited to, installing laminate flooring and new carpet, painting, and new kitchen counter tops and cabinets Funding Request: $221,022.45 Housing Commission Funding Recommendation: $220,269.50 BMR AHF Capital Housing Projects: Applicant 2a. Name of Organization: Pacific West Communities, Inc. Name of Project: Westport Project Annual Goal: Gap financing to construct affordable senior project at the Westport development- 21267 Stevens Creek Blvd, Cupertino. Project Description: 100% affordable senior project with 47 rental units and 1 manager unit. Funding Request: $2,000,000.00 Housing Commission Funding Recommendation: Not recommended for funding