HC 9-25-25 Searchable PacketCITY OF CUPERTINO
HOUSING COMMISSION
AGENDA
10185 North Stelling Road, Quinlan Conference Room and via Teleconference
Thursday, September 25, 2025
5:30 PM
Page 1
1
HC 9-25-2025
1 of 55
Housing Commission Agenda September 25, 2025
minutes per group member, up to 10 minutes maximum.
E. Please note that due to cyber security concerns, speakers are not allowed to connect any
personal devices to any City equipment. However, speakers that wish to share a document
(e.g. presentations, photographs or other documents) during oral comments may do so by:
a. E-mailing the document to Housing@cupertino.gov by 3:00 p.m. and staff will advance
the slides/share the documents during your oral comment.
2) Written communications as follows:
A. E-mail comments to Housing@cupertino.gov
B. Regular mail or hand delivered addressed to the: Cupertino Housing Commission, City
Hall, 10300 Torre Avenue, Cupertino, CA 95014
C. Comments addressed to the Housing Commission received by 4:00 p.m. on the day of
the meeting will be included in written communications published and distributed before
the beginning of the meeting.
D. Comments addressed to the Housing Commission received after the 4:00 p.m. deadline,
but through the end of the Commission meeting, will be posted to the City’s website by the
end of the following business day.
3) Teleconference in one of the following ways:
A. Online via Zoom on an electronic device (Audio and Video): Speakers must register in
advance by clicking on the link below to access the meeting:
https://cityofcupertino.zoom.us/webinar/register/WN_PtEK8RdQQyWj3XjKlDKuow
a. Registrants will receive a confirmation email containing information about joining the
webinar.
b. Speakers will be recognized by the name they use for registration. Once recognized,
speakers must click ‘unmute’ when prompted to speak.
c. Please read the following instructions about technical compatibility carefully: One can
directly download the teleconference (Zoom) software or connect to the meeting in their
internet browser. If a browser is used, make sure the most current and up-to-date browser,
such as the following, is used: Chrome 30+, Firefox 27+, Microsoft Edge 12+, Safari 7+.
Certain functionality may be disabled in older browsers, including Internet Explorer.
B. By Phone (Audio only): No registration is required in advance and speakers may join
Page 2
2
HC 9-25-2025
2 of 55
Housing Commission Agenda September 25, 2025
the meeting as follows:
a. Dial 669-900-6833 and enter WEBINAR ID: 814 1555 9443
b. To “raise hand” to speak: Dial *9; When asked to unmute: Dial *6
c. Speakers will be recognized to speak by the last four digits of their phone number.
C. Via an H.323/SIP room system:
H.323 Information:
144.195.19.161 (US West)
206.247.11.121 (US East)
Meeting ID: 814 1555 9443
SIP: 81415559443@zoomcrc.com
PLEDGE OF ALLEGIANCE
ROLL CALL
APPROVAL OF MINUTES
1.Subject: Approve the minutes of the May 22, 2025 Housing Commission meeting.
Approve the minutes of the May 22, 2025 Housing Commission
meeting.
A - Draft Minutes
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.
CONSENT CALENDAR
OLD BUSINESS
NEW BUSINESS
2.Subject: 2025-2026 Vice Chair Selection
Select a Vice Chair for the remainder of the 2025-2026 Housing
Commission term.
Page 3
3
HC 9-25-2025
3 of 55
Housing Commission Agenda September 25, 2025
3.Subject: Informational presentation on the Program Year (PY) 2024 Community
Development Block Grant (CDBG) Consolidated Annual Performance and Evaluation
Report (CAPER).
Recommended Action: Approve submission of the PY 2024 CAPER to the United
States Department of Housing and Urban Development (HUD).
Staff Report
A - Cupertino PY 2024 CDBG CAPER
4.Subject: Informational presentation on recently enacted Executive Orders on Public
Camping Bans and Encampment Clearance.
Recommended Action: Receive presentation and hold study session on recently
enacted Executive Orders on Public Camping Bans and Encampment Clearance;
compare with neighboring jurisdictions that have recently enacted local policies.
Staff Report
A - City of Cupertino Process For Assisting Unhoused Residents
B - Ending Crime and Disorder on America's Streets – The White House
C - Encampment Ordinance - Governor's Executive Order
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
publicly available on the City website.
Page 4
4
HC 9-25-2025
4 of 55
Housing Commission Agenda September 25, 2025
Page 5
5
HC 9-25-2025
5 of 55
CITY OF CUPERTINO
Agenda Item
Subject: Approve the minutes of the May 22, 2025 Housing Commission meeting.
Approve the minutes of the May 22, 2025 Housing Commission meeting.
CITY OF CUPERTINO Printed on 9/18/2025Page 1 of 1
6
HC 9-25-2025
6 of 55
DRAFT MINUTES
REGULAR MEETING
CUPERTINO HOUSING COMMISSION
Thursday, May 22, 2025
At 5:30 p.m. Chair Connie Cunningham called the Special Housing Commission meeting to order at
10185 North Stelling Road, Quinlan Conference Room.
ROLL CALL
Present: Chair Connie Cunningham, Vice Chair Yuyi He, and Commissioners Lida Xhindi, and Usha
Narayan.
1. APPROVAL OF MINUTES
Subject: Approve the minutes of the March 27, 2025 Housing Commission meeting.
Recommended Action: Approve the minutes of the March 27, 2025 Housing
Commission meeting.
MOTION: Narayan moved and Xhindi seconded to approve the minutes of the March
27, 2025 meeting.
The motion carried with the following vote: Ayes: Cunningham, He, Xhindi, and
Narayan. Noes: None. Abstain: None. Absent: None.
POSTPONEMENTS - None
ORAL COMMUNICATIONS – None
WRITTEN COMMUNICATIONS- None
OLD BUSINESS– None
NEW BUSINESS –
2. Subject: 2025-2030 Community Development Block Grant (CDBG) Consolidated Plan (ConPlan) and
2025-2026 Annual Action Plan (AAP)
Recommended Action: Approve the draft 2025-2030 CDBG ConPlan and 2025-2026 AAP for
submittal to the United States Department of Housing and Urban Development (HUD).
Senior Housing Coordinator Nicky Vu and Cheri Colter from the consultant, Root Policy,
gave the staff presentation.
Commissioners asked questions and made comments.
7
HC 9-25-2025
7 of 55
Page 2
Housing Commission DRAFT Minutes May 22, 2025
Chair Cunningham opened the floor for public comment and the following representatives
of applicant organizations spoke:
• Deanne Everton form Rebuilding Together Silicon Valley
Chair Cunningham closed the public comment period.
Chair Cunningham brought the conversation back to the commission and requested a motion, then
asked the commission if they had comments.
Commissioners asked more questions and made comments.
MOTION: He moved and Narayan seconded to approve the staff recommendation to approve the
2025-2030 Consolidated Plan and 2025-2026 Annual Action Plan for submittal to HUD.
The motion carried with the following vote: Ayes: Cunningham, Xhindi, He, and Narayan. Noes:
None. Abstain: None. Absent: None.
STAFF AND COMMISSION REPORTS
Commissioner Xhindi gave a report on the West Valley Housing Resource Fair held on April 21,
2025 and requested that Cupertino host the next year’s event.
Commissioner Cunningham gave a report on the commission chair’s meeting with the Mayor
and gave updates on Citywide events.
FUTURE AGENDA SETTING
Commissioners Narayan and Cunningham discussed the McClellan Terrace acquisition by the
Foothill-De Anza College District, ultimately deciding to defer to the City Council on the topic.
ADJOURNMENT
At 7:10 p.m., Chair Connie Cunningham adjourned the Regular Housing Commission Meeting.
Minutes prepared by:
_______________________________
Nicky Vu, Senior Housing Coordinator
8
HC 9-25-2025
8 of 55
CITY OF CUPERTINO
Agenda Item
Subject: 2025-2026 Vice Chair Selection
Select a Vice Chair for the remainder of the 2025-2026 Housing Commission term.
CITY OF CUPERTINO Printed on 9/18/2025Page 1 of 1
9
HC 9-25-2025
9 of 55
CITY OF CUPERTINO
Agenda Item
Subject: Informational presentation on the Program Year (PY) 2024 Community Development Block
Grant (CDBG) Consolidated Annual Performance and Evaluation Report (CAPER).
Approve submission of the PY 2024 CAPER to the United States Department of Housing and Urban
Development (HUD).
CITY OF CUPERTINO Printed on 9/18/2025Page 1 of 1
10
HC 9-25-2025
10 of 55
HOUSING COMMISSION STAFF REPORT
September 25, 2025
Subject
Informational presentation on the Program Year (PY) 2024 Community Development Block Grant
(CDBG) Consolidated Annual Performance and Evaluation Report (CAPER).
Recommended Action
Approve submission of the PY 2024 CAPER to the United States Department of Housing and
Urban Development (HUD).
Discussion
The United States Department of Housing and Urban Development (HUD) annually allocates
grants such as CDBG to local jurisdictions for community development 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 extent of poverty, populations, housing
overcrowding, age of housing, and extent of population growth lag in relationship to other
metropolitan areas. As a requirement to receive these entitlement grants, Title I of the National
Affordable Housing Act mandates that jurisdictions prepare a five-year Consolidated Plan,
Annual Action Plan, and a CAPER. The 2020-2025 Consolidated Plan was adopted by City
Council on June 14, 2020. The PY 2024 Annual Action Plan was adopted by Housing Commission
on April 25, 2024.
PY 2024 CDBG CAPER
The CAPER is an annual document that outlines the progress the jurisdiction has made in
carrying out its strategic plan and its Annual Action Plan. The CAPER is an overview of major
initiatives and highlights that were proposed and executed throughout the program year. The
CAPER consists of specific program narratives, an assessment of annual performance, and an
assessment of progress toward meeting goals and objectives contained in the Consolidated Plan.
The PY 2024 CAPER (Attachment 1) covers the City’s CDBG accomplishments from July 1, 2024,
to June 30, 2025, and represents the fifth year of the 2020-2025 Consolidated Plan.
11
HC 9-25-2025
11 of 55
Per HUD regulations, the City is required to make the CAPER available for public comment for
a minimum of fifteen days. The 2024 CAPER was made available to the public at
www.cupertino.org/housing and the City Clerk’s office from September 10, 2025, to September
25, 2025. No public comments have been received. The final CAPER will be submitted to HUD
by the September 29, 2025, deadline.
2024-25 CDBG Funding
PY 2024 CDBG funding allocations are noted in the table below.
Applicant Agency Budget
Administration
CDBG Administration $36,251.40
CDBG Public Services
Live Oak Adult Day Services – Senior Adult Day Care / Caregiver
Respite
$9,414.00
West Valley Community Services – Community Access to Resource
and Education
$17,774.00
CDBG Capital/Housing Projects
Rebuilding Together Silicon Valley – Housing Repair and
Rehabilitation Program
$96,237.55
Senior Center Fire Sprinkler Upgrade $49,361.04
TOTAL: $ 209,038.35
2024-25 CDBG Accomplishments
The City funded two CDBG public services for senior services and emergency services, and one
capital housing grant for residential single-family home rehabilitation. A capital improvement
agreement from previous years to upgrade the senior center fire sprinkler system is administered
by the City Public Works Department. Design engineering is nearing completion and an apparent
lowest bidder for construction has been selected. Construction is expected to commence
throughout FY 25-26. Additionally, a capital improvement project for upgrading the heating, air-
conditioning, and ventilation system is expected to commence following completion of the
previous project. In total, 120 people were served through the City’s CDBG funded services. Of
the individuals/households who were helped by these services, 92 were extremely low-income,
16 were very low-income, 8 were low-income, and 4 were moderate-income.
Sustainability Impact
The PY 2024 CDBG CAPER does not result in a sustainability impact.
Fiscal Impact
The PY 2024 CDBG CAPER does not have a fiscal impact.
12
HC 9-25-2025
12 of 55
California Environmental Quality Act
The PY 2024 CDBG CAPER is not a project subject to the California Environmental Quality Act
(CEQA).
______________________________________________________________________________
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
Attachments:
A – PY 2024 CDBG CAPER
13
HC 9-25-2025
13 of 55
CAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
City of Cupertino
Consolidated Annual Performance Evaluation Report (CAPER)
Program Year 2024 (July 1, 2024 – June 30, 2025)
Public Noticing of 2024 CAPER:
Newspaper Ad Published in the Cupertino Courier on August 22, 2025
Draft CAPER posted on the City’s website on September 9, 2025
Public Comment Period: September 10 – September 25, 2025
Housing Commission held on September 25, 2025 at 5:30 pm
Contact Information:
City of Cupertino, Housing Division
Nicky Vu, Senior Housing Coordinator
NickyV@cupertino.gov
The City of Cupertino 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.
The CAPER can also be translated to other languages upon request, please use the contact
information listed above.
14
HC 9-25-2025
14 of 55
CAPER 2
OMB Control No: 2506-0117 (exp. 09/30/2021)
Introduction
The City of Cupertino receives annual U.S. Department of Housing and Urban Development (HUD)
funding for the Community Development Block Grant (CDBG) program. Funding through the CDBG
program is a key component to organizations serving households at or below 80% of area median
income (AMI) in the City. As demonstrated in this Consolidated Annual Performance and Evaluation
Report (CAPER), CDBG funds have been a critical funding source for the rehabilitation of affordable
rental units, services of elderly and disabled seniors, case management services for low-income
households to prevent homelessness, and minor home repairs to address health and safety concerns for
low-income households. The City’s CAPER serves as a report to HUD regarding the outcomes of the goals
and objectives with resources made available through the CDBG program and allocated in the Program
Year (PY) 2024 Annual Action Plan (AAP) and the 2020-2025 Consolidated Plan for Housing and
Community Development (Con Plan). PY 2024 is the fifth year of the 2020-2025 Consolidated Plan, and
the City will be reporting on its progress in meeting the goals and objectives outlined in this plan. As
noted throughout the report, despite the challenges presented by the COVID -19 pandemic and the
Voluntary Grant Reduction of FY 24-25, the City is making progress towards achieving its five year goals
and has met three out of five goals.
15
HC 9-25-2025
15 of 55
CAPER 3
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-05 - Goals and Outcomes
Progress the jurisdiction has made in carrying out its strategic plan and its action plan. 91.520(a)
This could be an overview that includes major initiatives and highlights that were proposed and executed throughout the program year.
The City of Cupertino is the recipient of federal Community Development Block Grant (CDBG) funding from the United States Dep artment of
Housing and Urban Development (HUD). HUD provides these funds to the City on an annual basis to use for projects and activiti es that benefit
low- and moderate-income individuals and families.
As a recipient of these funds, the City is required to prepare a five -year strategic plan called a Consolidated Plan (Con Plan). The Con Plan
identifies housing and community needs for low- and moderate-income persons and areas within the City. It then identifies and prioritizes
resources to address these needs, and establishes annual goals and objectives to meet them. The City prepares a plan prior to the start of each
program year called the Annual Action Plan (AAP). The AAP lists specific steps that the City will take in the coming year to meet the goals and
objectives identified in the Con Plan. After the end of the program year, the City prepares the CAPER to document the City's overall progress in
carrying out the priority projects identified in the five-year Con Plan and the AAP.
The City of Cupertino’s Program Year (PY) 2024 CAPER covers July 1, 2024 - June 30, 2025, which is the fifth year of the 2020-25 Con Plan cycle.
This CAPER has been prepared to meet HUD’s requirements for annual performance evaluation and includes a summary of the activ ities
performed during PY 2024, the amount of funds allocated to those activities, and the number of low- and moderate-income persons and
households who were assisted. The 2024 CAPER also documents the City’s cumulative efforts toward meeting 2020-25 Con Plan goals, contains a
summary of public comments received by the City during a 15-day comment period held from September 10 – September 25, 2025, and includes
reports generated by HUD’s Integrated Disbursement and Information System (IDIS).
For PY 2024, the City of Cupertino received $173,313 in CDBG entitlement funds from HUD, receipted $7,942.36 in program income, and had
$27,781.35 of prior year unexpended funds, for a total of $209,038.35 in program funds. During PY 2024, the City underwent a Voluntary Grant
Reduction (VGR) to close a finding from an Environmental Review audit on the Vista Village Rehabilitation 2018 project (Activ ity 137). The finding
of HUD was that the project did not have a required NEPA review completed and that the City would be required to return $176,201.24 from the
activity’s project fund to HUD from the PY 2024 allocation of $349,515. As such, the expected PY 2024 allocation was reduced from $349,515 to
$173,313. This approximately halved the amount of expected funding anticipated to be distributed to subrecipients, and as a result, impacted
their ability to meet expected goals. Despite this, three out of five of the City’s ConPlan goals were met at the end of the program year. The
16
HC 9-25-2025
16 of 55
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
City’s major accomplishments for PY 2024 include:
• Funding health and safety repairs for 6 extremely low- and moderate income senior homeowners
• Providing social services to 100 low-income individuals to prevent homelessness
• Providing a specialized care program for 14 elderly residents of the City
• Completed engineering design and selected a general construction contractor for capital improvements at the Cupertino Senior Center
to upgrade the fire sprinkler system
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, tar gets, actual
outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
Goal Category Source /
Amount
Indicator Unit of
Measure
Expected
–
Strategic
Plan
Actual –
Strategic
Plan
Percent
Complete
Expected
–
Program
Year
Actual –
Program
Year
Percent
Complete
Fair Housing
Homeless
Non-Homeless
Special Needs
Non-Housing
Community
Development
BMR
Affordable
Housing
Fund:
$50,000
Homelessness
Prevention
Persons
Assisted 500 505 101.00% 82 77 93.90%
Frail
Elderly/Elderly
Services
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG:
$9,414.00
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 110 80 72.73% 20 14 70.00%
17
HC 9-25-2025
17 of 55
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
Homeowner
Rehabilitation
Affordable
Housing
CDBG:
$96,237.55
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
35 31 88.57% 7 6 85.71%
Planning and
Administration
Planning and
Administration
CDBG:
$36,251.40 Other Other 5 5 100.00% 1 1 100.00%
Services for Low-
Income Families
and Homeless
Population
Homeless
Non-Housing
Community
Development
CDBG:
$17,774.00
Homelessness
Prevention
Persons
Assisted 500 504 100.80% 100 100 100.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
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.
As indicated in the 2020-25 Con Plan and PY 2024 AAP, the highest priorities for the City are as follows:
1. Assist in the creation and preservation of affordable housing for low-income and special needs households.
2. Support activities to prevent and end homeless.
3. Support activities that strengthen neighborhoods through the provision of community services and public improvements to benef it low-
income and special needs households.
4. Promote fair housing choice.
The City has steady progress and met many of these goals in PY 2025. Under the affordable housing category, the City provided funding to assist
in addressing health and safety repairs for 6 extremely low- and moderate-income elderly homeowners.The City continued to fund programs
targeted at preventing homelessness including the Community Access to Resources and Education Program, which is operated by West Valley
Community Services. The agency was able to provide services to 100 low-income Cupertino residents, 67 of which were female headed
households. Additionally, the City provided CDBG funds to the Live Oak Adult Care Program that provides a specialized program of adult da y care
for frail elderly dependent adults. The organization operates a site in Cupertino, and in PY 2024 they served 14 elderly and disabled clients. In
total, CDBG funding assisted 120 people over the course of the program year.
The City of Cupertino also funded five additional public service programs through the use of its General Fund HSG (Human Serv ices Grant) and
18
HC 9-25-2025
18 of 55
CAPER 6
OMB Control No: 2506-0117 (exp. 09/30/2021)
BMR AHF (Below Market Rate Affordable Housing Fund) that provide services to low - and moderate-income families, the elderly, victims of
domestic violence, and the disabled. Overall, these five programs provided services to 260 individuals.
1.WVCS Haven to Home Program
2.Senior Adults Legal Assistance Program
3.Catholic Charities Long-term Care Ombudsman Program
4.Maitri
5.Project Sentinel Fair Housing Services
19
HC 9-25-2025
19 of 55
CAPER 7
OMB Control No: 2506-0117 (exp. 09/30/2021)
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)
CDBG
White 27
Black or African American 1
Asian 45
American Indian or Alaskan Native 1
Native Hawaiian or Other Pacific Islander 0
Middle Eastern or North African 0
Other/multi-racial 46
Total 120
Hispanic 14
Not Hispanic 106
Table 2 – Table of assistance to racial and ethnic populations by source of funds
Narrative
The CR-10 Racial and Ethnic Composition of Families Assisted - 91.520(a) table is generated in IDIS and
includes five racial categories. The table as shown in IDIS does not reflect all of the racial categories
served by the City's CDBG funded agencies. The attached modified CR-10 Racial and Ethnic Composition
of Families Assisted - 91.520(a) table includes the correct racial categories for individuals served in PY
2024.
In total, the City’s CDBG program served 120 people. The Race/Ethnicity percentages are as follows:
•22.5% were White
•0.8% were African American
•37.5% were Asian
•0.8% were American Indian or Alaskan Native
•0.0% were Native Hawaiian or Other Pacific Islander
•38.3% were Other/Multi-Racial
Out of the total of 120 people assisted, approximately 11.7% were Hispanic. In addition, 71 female
headed households were served through the City's CDBG funded programs. This information was
reported to the City in the quarterly performance reports.
20
HC 9-25-2025
20 of 55
CAPER 8
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-15 - Resources and Investments 91.520(a)
Identify the resources made available
Source of Funds Source Resources Made
Available
Amount Expended
During Program Year
CDBG public - federal 209,036.71 213,504.32
Other public - local 50,000 50,000
Table 3 - Resources Made Available
Narrative
During PY 2024, the City received an entitlement allocation of $173,313. In addition to the entitlement
amount, the City received $7,942.36 in program income, and had $27,781.35 in prior year unexpended
funds. Combined, the total amount of CDBG funds that were available in PY 2024 was $209,036.71.
Lastly, the City made $175,000 of local funding (BMR AHF and HSG) available to help local nonprofit
agencies expand their services and assist more people.
Identify the geographic distribution and location of investments
Target Area Planned
Percentage of
Allocation
Actual
Percentage of
Allocation
Narrative Description
Citywide 100 100
The City of Cupertino utilizes the HUD
entitlement CDBG allocation citywide.
Table 4 – Identify the geographic distribution and location of investments
Narrative
The City has not established specific target areas to focus the investment of CDBG funds. The funds were
distributed Citywide.
Leveraging
Explain how federal funds leveraged 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.
In addition to the entitlement dollars listed above, the federal government has several other funding
programs 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 more.
21
HC 9-25-2025
21 of 55
CAPER 9
OMB Control No: 2506-0117 (exp. 09/30/2021)
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.
The BMR AHF (Below Market Rate Affordable Housing Fund) receives its revenue from the payment of
housing mitigation fees from non-residential and residential development projects. 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.
In PY 2024, the City allocated $50,000 in BMR AHF to Project Sentinel, a local non -profit organization
that provides fair housing and tenant/landlord counseling services. The City Council allocated $125,000
from the General Fund HSG to housing and human service agencies throughout the City. The money was
utilized to fund a long-term care ombudsman program, client services for victims of domestic violence,
legal assistance to seniors, and housing placement/case management services to homeless individuals
and families.
The City joined the Santa Clara County HOME Consortium in 2015. As mentioned in previous CAPER
reports, the Veranda, which was developed by Charities Housing, received $500,000 in HOME funds
from the HOME Consortium. The property provided 19 units of low-income housing for seniors. The City
provided a 25% match for the project, as well as additional City funds.
The City owns a parcel of land at Mary Avenue and issued a Request for Proposals (RFP) in the Fall of
2022 for the development of affordable housing at the site. An exclusive negotiation agreement has
been signed between the developer and the City for 40 very-low income units. On April 15, 2025, the
City Council awarded the Mary Ave project $3 million dollars of the Below Market Rate Housing Fund
and $908,683 dolars of Permanent Local Housing Allocation funds. An additional $1,083,200 from the
BMR Fund was awarded to an propsoed affordable low-income and teacher workforce housing
development located on Wolf Rd.
22
HC 9-25-2025
22 of 55
CAPER 10
OMB Control No: 2506-0117 (exp. 09/30/2021)
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.
One-Year Goal Actual
Number of homeless households to be
provided affordable housing units
0 0
Number of non-homeless households to
be provided affordable housing units
7 6
Number of special-needs households to
be provided affordable housing units
0 0
Total 7 6
Table 5 – Number of Households
One-Year Goal Actual
Number of households supported
through rental assistance
0 0
Number of households supported
through the production of new units
0 0
Number of households supported
through the rehab of existing units
7 6
Number of households supported
through the acquisition of existing units
0 0
Total 7 6
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
In PY 2024, Rebuilding Together Silicon Valley (RTSV) provided health and safety repairs to rehabilitate 6
homes occupied by low- and moderate-income senior households. The City exceeded its annual goal in
providing much needed funding to repair/rehabilitate units of low- and moderate-income housing.
Discuss how these outcomes will impact future annual action plans.
The City does not anticipate any future impact to Annual Action Plans. This is the City’s fifth year
reporting on the goals outlined in the 2020-25 Consolidated Plan, and the City anticipates meeting the
five year goals.
23
HC 9-25-2025
23 of 55
CAPER 11
OMB Control No: 2506-0117 (exp. 09/30/2021)
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.
Number of Households Served CDBG Actual HOME Actual
Extremely Low-income 3 0
Low-income 2 0
Moderate-income 1 0
Total 6 0
Table 7 – Number of Households Served
Narrative Information
In total, the City provided funding to repair 6 units of affordable housing. Of those 6 housholds, 3 were
extremely low-income (0-30% AMI), 2 was low-income (31-50% AMI), and 1 was moderate-income (51-
80% AMI). The homeowers assisted were seniors and persons with disabilities.
24
HC 9-25-2025
24 of 55
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
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
Every two years during the last ten days of January, communities across the United States conduct
comprehensive counts of the local population experiencing homelessness. These biennial Point-in-Time
Counts (PIT) estimate the prevalence of homelessness in each community and collect information on
individuals and families residing in temporary shelters and places not meant for human habitation, and
ultimately help the federal government better understand the nature and extent of homelessness
nationwide.
As required of all jurisdictions receiving federal funding from the U.S. Department of Housing and Urban
Development (HUD) to provide homeless services, Continuums of Care (CoC) across the country report
the findings of their local Point-in-Time Count in their annual funding application to HUD. Currently, the
Santa Clara County CoC receives approximately $26 million dollars annually in federal funding.
A PIT Count was conducted in January 2023, and the results show that the overall number of homeless
individuals in Santa Clara County has remained relatively steady compared to the 2019 PIT Count. An
additional PIT Count was conducted in January 2025 with an updated methodology. The results of the
count have yet to be released.
Addressing the emergency shelter and transitional housing needs of homeless persons
There are not emergency shelters or transitional housing located in the City. However, on April 2, 2025
the City executed a Memorandum of Understanding that allowed the City to enter into a joint study with
other West Valley Cities to collectively study the need and feasibility of developing emergency shelter
and transitional housing within the region. The City supports two programs that could be considered
seasonal and special needs shelters: the Rotating Safe Car Park program, of which the City has three
host sites, and the Maitri transitional housing program which provides shelter to survivors of domestic
violence.
The City supports efforts to end homelessness and allows zoning for emergency shelters. Although
currently not in effect, this 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 zoning code to comply with SB No. 2 regarding emergency shelters. In PY
2020, the City initiated a partnership with the West Valley Rotating Safe Car Park (RSCP) Program, which
is a collaboration of faith-based communities, local city governments, and other service organizations.
RSCP allows for temporary overnight parking for homeless individuals or families living out of their cars
25
HC 9-25-2025
25 of 55
CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
as a safe alternative to sleeping on the streets or in a homeless shelter. The program connects homeless
individuals and families with hospitality and case management services. Thanks to a grant allocated to
the City by Santa Clara County 5th District Supervisor Joe Simitian, the City was able to allocate $25,000
of funding in PY 2023 to the RSCP program which continued to be utilized over the course of PY 2024.
These funds will be used to help participants with their vehicle expenses, including insurance,
registration, repairs, and gas cards.
In PY 2024, the City provided $24,678.11 to Maitri through the General Fund HSG Program. Maitri
provides transitional housing for adult women and children who are victims of domestic violence. The
majority of the households served by Maitri are homeless. During the year, Maitri provided case
management and housing services to 8 households, all of which were extremely low-income.
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 PY 2024, the City provided $17,774 in CDBG funds to WVCS to administer its Community Access to
Resources and Education (CARE) program. The main focus of the CARE program is to bring services and
resources closer to at-risk populations, coordinate assistance internally and externally, and help
navigate hospital services, social services, and legal systems. It is designed to enable access to critical
basic needs services and help clients navigate the maze of benefits, from Medicare and Social Security to
affordable housing options, health care, and specialized care.
The one stop benefit assistance service helps provide assistance with applications to benefits including
CalWORKs, CalFresh, Medi-Cal, Free/Reduced lunch, and Healthy Kids. The supportive services provided
also help clients build financial stability by proving monthly budget relief through access to the food
pantry, and discounts on their utility bill and emergency financial assistance for unforeseen
emergencies. This range of supportive services and case management helps at-risk individuals and
households maintain stability, and prevents homelessness due to a financial crisis.
Additionally, in PY 2024, the City provided General Fund HSG and/or BMR AHF to the following
organizations:
•Senior Adult Legal (SALA) – Received $16,287.55 from the General Fund HSG. SALA provided free
legal services to 35 Cupertino residents age 60 or older.
•Maitri – Received $24,678.11 from the General Fund HSG. With the funds, Maitri provided case
management services to 8 Cupertino residents.
•Catholic Charities - $10,000 from the General Fund HSG. Catholic Charities provided needed
26
HC 9-25-2025
26 of 55
CAPER 14
OMB Control No: 2506-0117 (exp. 09/30/2021)
advocacy of elders living in long-term care facilities. In total, 60 unduplicated residents were
contacted.
The City follows the guidance of Santa Clara County's CoC as it relates to individuals who may be
discharged from publically funded institutions and systems of care. The details can be found on their
website in the SCC CoC Quality Assurance Standards for Homeless Housing & Service Programs
document. The CoC actively works with health care facilities, hospitals, and correction programs and
institutions when individuals are discharged to provide referrals to shelters.
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 $17,774 in CDBG funds to WVCS to administer its CARE program.
CARE provides case management and 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 PY 2024, the City provided $74,034.34 in General Fund HSG to WVCS for the Haven to Home (HTH)
program. The goal of HTH is to help currently un-housed Cupertino individuals and families secure
permanent housing, maintain employment, and enhance income opportunities and financial stability.
The supportive services critical to the success of this program are intensive case management, housing
search assistance, landlord mediation, benefits clinics, and financial coaching. HTH aims to end
homelessness and prevent homelessness by coordinating multilevel services and leveraging further
resources in the community in order to build long-term stability and self-sufficiency for
participants. WVCS served 80 homeless individuals and families whose last address was in Cupertino.
Thanks to a grant allocated to the City by Santa Clara County 5th District Supervisor Joe Simitian, the City
was able to allocate $25,000 of funding to the Haven to Home program which was utilized over the
course of PY 2024. These funds will be used to help participants maintain access to food and other
essential resources.
In total in PY 2024, the City spent approximately $27,188 in CDBG and $175,000 in General Fund HSG
and BMR AHF funding 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.
27
HC 9-25-2025
27 of 55
CAPER 15
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-30 - Public Housing 91.220(h); 91.320(j)
Actions taken to address the needs of public housing
Not applicable. The Santa Clara County Housing Authority (SCCHA) owns and manages 4 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, SCCHA 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 on the SCCHA board.
Actions taken to provide assistance to troubled PHAs
The SCCHA is not troubled.
28
HC 9-25-2025
28 of 55
CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-35 - Other Actions 91.220(j)-(k); 91.320(i)-(j)
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 (j); 91.320 (i)
On May 19, 2020, the City Council adopted an update to the BMR Residential Housing and Commercial
Linkage Fees. As part of this update, the City conducted an economic feasibility analysis that reviewed
fees associated with development and potential policy updates to the BMR Program. The City took the
following actions:
• Amended the BMR Housing Mitigation Program Procedural Manual (Housing Mitigation Manual)
to increase the affordable housing (BMR) requirement for ownership projects from 15% to 20%,
and to make other conforming changes consistent with State law.
• Amended the Housing Mitigation In-Lieu Fees to increase the fees for offices, research and
development, and industrial space to $30 per square foot, and the fees for hotels to $15 per
square foot.
• Received a report on Housing Solutions, Including Opportunities to Increase Housing Supply for
Extremely Low-Income Households, and Approaches to Encourage BMR Housing Production by
Non-Residential Land Uses.
These actions will assist the City in continuing to address the many barriers to affordable housing
(including high costs and limited land), and provide additional funds to assist developers in building
affordable housing in the City of Cupertino.
In PY 2024, the City continued to administer its BMR Ownership and Rental Programs in an effort to
remove barriers to affordable housing. Over the course of the year, there were 3 resales of BMR
ownership units, and new tenants were found to fill vacancies for 11 BMR rental units through the City’s
main BMR waitlist, and 48 affordable rental units filled at the Westport Senior Apartments.
In December 2021 the City joined the Santa Clara County PLHA (Permanent Local Housing Allocation)
Consortium and through this collaboration was able to secure a PLHA allocation of approximately
$993,060. This funding was awarded to the Mary Ave Housing Project by the City Council on April 15,
2025.
Actions taken to address obstacles to meeting underserved needs. 91.220(k); 91.320(j)
As mentioned in the Consolidated Plan, the City’s highest need is for affordable units for low -income
and special needs households. Some of the primary impediments to creating affordable units is the high
cost of land in Cupertino, 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
29
HC 9-25-2025
29 of 55
CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
residential developments to dedicate 10% of its housing as affordable. In 2002, the City raised the
requirement to 15%. For smaller developments with less than 7 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. The City’s
fee schedule is updated annually in July.
The City has increased its efforts to promote development of affordable housing throughout the City.
Annually, the City releases a Notice of Funding Availability (NOFA) / Request for Proposals (RFP) for
BMR AHF and CDBG capital housing projects. For PY 2024, the City released a NOFA/RFP for $4,800,000
in BMR AHF which could be used for activities such as land acquisition, new construction, acquisition
and/or rehabilitation of buildings for permanent affordability, and substantial rehabilitation to which
they awarded funds to the Mary Ave and Wolf Rd affordable housing projects. For more information see
the above section in CR-15. In addition, the NOFA/RFP included $267,000 in CDBG funding for capital
housing projects.
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
Request for Proposals (RFP) process. Applications are submitted to the County Office of Supportive
Housing (OSH) for HOME funds to help subsidize affordable housing projects within the City.
The City continues to approve projects that will create BMR inclusionary housing. The Westport Senior
affordable housing development was completed in May 2024 which added 48 very low income units of
senior housing.
The City of Cupertino’s Housing Element contains a goal for the city to adopt an Anti-Displacement
Policy. The Housing Commission heard staff present policy options on December 19, 2024 and
recommended two components to be included into a Below Market Rate Anti-Displacement Policy:
priority replacement in to the BMR waitlist system and relocation assistance equivalent to three months
of fair market rent. The proposed policy went before the City Council for study and approval on June 17,
2025 where they approved the first component of the policy.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
30
HC 9-25-2025
30 of 55
CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
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 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 of
lead-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 about 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 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.
Due to the high cost of housing in the area, the City has focused its efforts on providing and maintaining
the affordable housing of low-income households in order to prevent them from becoming
homeless. Once a household has affordable housing, they are able to focus on obtaining job skills and
securing employment opportunities. During PY 2024, the City Council budgeted $125,000 of local
General Fund monies. This funding, combined with other current efforts, will greatly assist households
living below the poverty level, and help keep them from losing their housing due to an unanticipated life
event, such as an illness.
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 monthly 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 RFP 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
31
HC 9-25-2025
31 of 55
CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
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 the Regional Housing Working Group, and the Continuum of Care (CoC).
To improve intergovernmental and private sector cooperation, the City participates with other local
jurisdictions and developers in sharing information and resources. An example of this is a monthly
Housing/CDBG Coordinator’s meeting where staff members from various jurisdictions around the Bay
Area meet to discuss various opportunities for coordination and work through problems. The City has
continued to attend these meetings throughout PY 2024.
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 of Impediments (AI) to Fair Housing
Choice, including the recommended policies and actions to respond to the fair housing impediments
identified in the document. An update to the AI was approved by the Housing Commission on February
11, 2016. This update was conducted as part of the 2015-2020 Consolidated Plan update. The City has
continued to affirmatively further fair housing by funding fair housing activities on an annual basis. The
City will update the 2016 AI as a part of the 2025-2030 Con Plan cycle.
The 2016 AI 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 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 (www.cupertino.org/housing), 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.
• Facilitate access to all available housing programs. The City will continue to fund multiple
housing programs through various funding sources annually, and help to promote these
programs and services to the public.
• City staff continues to contract with a fair housing provider to conduct outreach and education
regarding fair housing for home seekers, landlords, property managers, real estate agents, and
lenders.
• In addition to outreach, the fair housing provider will conduct fair housing testing in local
apartment complexes.
32
HC 9-25-2025
32 of 55
CAPER 20
OMB Control No: 2506-0117 (exp. 09/30/2021)
• Reevaluate its current contracts and amend future contracts, if necessary, to ensure that the fair
housing services with the highest need are continued to be provided, and consider
implementing a rental assistance program to keep low-income Cupertino residents in their
homes.
• 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.
Project Sentinel received $50,000 from the City’s BMR AHF to support their fair housing, tenant and
landlord counseling, dispute resolution services, and rental mediation activities. To combat illegal
housing discrimination and ensure civil rights protection, Project Sentinel provides comprehensive fair
housing services including complaint investigation, consultation, information and referral, and
community outreach and education. Fair housing investigations that reveal evidence of illegal
discrimination are addressed through education, conciliation, referral to HUD or DFEH filings, and/or
litigation. Investigative work efforts include paired testing, surveys, witness interviews, and document
review. In PY 2024, the Fair Housing Center at Project Sentinel served 77 individuals.
33
HC 9-25-2025
33 of 55
CAPER 21
OMB Control No: 2506-0117 (exp. 09/30/2021)
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 CDBG subrecipients and projects to ensure compliance with
program and comprehensive planning requirements. Monitoring involves the review of quarterly
reports, invoices, and agency audit reports. Annual monitoring is carried out for all CDBG subrecipients
and consists of reviewing client files, financial records, policies and procedures, and compliance with
federal requirements.
Citizen Participation Plan 91.105(d); 91.115(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 (September 10 – September 25, 2025). An advertisement
was placed in the Cupertino Courier, a newspaper of general circulation on September 5, 2025
advertising the availability of the CAPER for public review and comment. The draft CAPER was posted on
the City’s website on September 9, 2025. Copies of the draft CAPER were made available to be mailed or
e-mailed to citizens free of charge. The City makes a TDD phone number available for the hearing
impaired. Persons needing special assistance could call and request accommodation prior to the public
meetings. In order to make efforts towards providing non-English speaking persons with an opportunity
to comment on the draft CAPER, the City can provide the appropriate language assistance upon request.
The City held a public hearing during the Cupertino Housing Commission meeting on September 25,
2025 to provide the public with an opportunity to comment on the draft CAPER.
34
HC 9-25-2025
34 of 55
CAPER 22
OMB Control No: 2506-0117 (exp. 09/30/2021)
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.
Not applicable. The City does not plan to change the CDBG program objectives.
Does this Jurisdiction have any open Brownfields Economic Development Initiative (BEDI)
grants?
No
[BEDI grantees] Describe accomplishments and program outcomes during the last year.
35
HC 9-25-2025
35 of 55
CAPER 23
OMB Control No: 2506-0117 (exp. 09/30/2021)
CR-58 – Section 3
Identify the number of individuals assisted and the types of assistance provided
Total Labor Hours CDBG HOME ESG HOPWA HTF
Total Number of Activities 0 0 0 0 0
Total Labor Hours 0 0 0 0 0
Total Section 3 Worker Hours 0 0 0 0 0
Total Targeted Section 3 Worker Hours 0 0 0 0 0
Table 8 – Total Labor Hours
Qualitative Efforts - Number of Activities by Program CDBG HOME ESG HOPWA HTF
Outreach efforts to generate job applicants who are Public Housing
Targeted Workers 0 0 0 0 0
Outreach efforts to generate job applicants who are Other Funding
Targeted Workers. 0 0 0 0 0
Direct, on-the job training (including apprenticeships). 0 0 0 0 0
Indirect training such as arranging for, contracting for, or paying tuition for,
off-site training. 0 0 0 0 0
Technical assistance to help Section 3 workers compete for jobs (e.g.,
resume assistance, coaching). 0 0 0 0 0
Outreach efforts to identify and secure bids from Section 3 business
concerns. 0 0 0 0 0
Technical assistance to help Section 3 business concerns understand and
bid on contracts. 0 0 0 0 0
Division of contracts into smaller jobs to facilitate participation by Section
3 business concerns. 0 0 0 0 0
Provided or connected residents with assistance in seeking employment
including: drafting resumes,preparing for interviews, finding job
opportunities, connecting residents to job placement services.
0 0 0 0 0
Held one or more job fairs. 0 0 0 0 0
Provided or connected residents with supportive services that can provide
direct services or referrals. 0 0 0 0 0
Provided or connected residents with supportive services that provide one
or more of the following: work readiness health screenings, interview
clothing, uniforms, test fees, transportation.
0 0 0 0 0
Assisted residents with finding child care. 0 0 0 0 0
Assisted residents to apply for, or attend community college or a four year
educational institution. 0 0 0 0 0
Assisted residents to apply for, or attend vocational/technical training. 0 0 0 0 0
Assisted residents to obtain financial literacy training and/or coaching. 0 0 0 0 0
Bonding assistance, guaranties, or other efforts to support viable bids
from Section 3 business concerns. 0 0 0 0 0
Provided or connected residents with training on computer use or online
technologies. 0 0 0 0 0
Promoting the use of a business registry designed to create opportunities
for disadvantaged and small businesses. 0 0 0 0 0
Outreach, engagement, or referrals with the state one-stop system, as
designed in Section 121(e)(2) of the Workforce Innovation and
Opportunity Act.
0 0 0 0 0
Other. 0 0 0 0 0
Table 9 – Qualitative Efforts - Number of Activities by Program
Narrative
Not applicable.
36
HC 9-25-2025
36 of 55
CITY OF CUPERTINO
Agenda Item
Subject: Informational presentation on recently enacted Executive Orders on Public Camping Bans
and Encampment Clearance.
Receive presentation and hold study session on recently enacted Executive Orders on Public
Camping Bans and Encampment Clearance; compare with neighboring jurisdictions that have
recently enacted local policies.
CITY OF CUPERTINO Printed on 9/18/2025Page 1 of 1
37
HC 9-25-2025
37 of 55
HOUSING COMMISSION STAFF REPORT
September 25, 2025
Subject
Informational presentation on recently enacted Executive Orders on Public Camping Bans and
Encampment Clearance.
Recommended Action
Receive presentation and hold study session on recently enacted Executive Orders on Public
Camping Bans and Encampment Clearance; compare with neighboring jurisdictions that have
recently enacted local policies.
Discussion
The City of Cupertino utilizes a procedural memorandum created on September 16, 2022, as the
basis for protocol for addressing encampments and assisting unhoused individuals, titled “City
of Cupertino Process for Assisting Unhoused Residents”. The document creates a six-step
process including:
1.Collect reports through the City 311 system.
2.Contact the County Office of Supportive Housing (OSH) to engage the individual and
offer assistive services and shelter placement.
3.Contact the County Sheriff’s Office to perform wellness checks and offer emergency
medical services when necessary.
4.Continue coordinating with the aforementioned two organizations as well as local non-
profits for additional outreach.
5.Document whether the individual is receptive to accepting assistance.
6.Initiate encampment resolution process to maintain public health and safety of the area.
In 2025, the City of Cupertino has completed three abatement resolutions thus far:
Figure 1: 2025 Encampment Abatements
Encampment Accepted Assistance (Y/N) Date Completed Cost
McClellan/DeAnza No 3/18/2025 $1,344.00
Lawrence Mitty Park No 6/16/2025 $6,886.93
Alves/Bandley No 8/14/2025 ~1,300
TOTAL $9,530.93
38
HC 9-25-2025
38 of 55
Under the current protocol, staff is still effectively able to continue conducting and completing
routine clearance abatement. However, recent executive orders from both the President and the
Governor of California have urged cities and counties to adopt local ordinances to ban public
camping and to codify procedures for encampment clearance. The presidential executive order
outlines policy priorities and directs the Attorney General to study the legality of enacting
incentives for cities which comply and disincentives for those which do not. The state executive
order also provides a sample ordinance to adopt as a model but is more flexible in directive.
Presidential Executive Order
On July 24, 2025, President Donald Trump issued an Executive Order to direct the Department of
Health and Human Services and Department of Housing and Urban Development (HUD) to
assess the legality of prioritizing federal discretionary grant funding towards jurisdictions which
enforce prohibition on urban camping and loitering, enforce prohibition of urban squatting, and
enforce civil commitment of individuals sheltering on the streets with mental illness amongst
other actions related to public health and safety. These actions include enforcement on
prohibitions of illicit drug use, banning safe consumption sites, and mapping of individuals that
are registered sex offenders with no fixed address. Additionally, the executive order aims to
prioritize funding towards jurisdictions that reduce implementation of housing-first policy: an
intake methodology for Continuum of Care programs which reduces potential barriers of being
placed into available housing, which in the past were made inaccessible by sobriety and
employment requirements prior to being able to be housed.
The City of Cupertino is currently a recipient of the Community Development Block Grant
(CDBG) and HOME Investment Partnership programs, which are formula-award grants based
on population size and proportional share of low-income households, and are not discretionary.
However, some housing projects within the City of Cupertino either receive discretionary HUD
funding or may hope to apply for discretionary funding in the future, such as Section 202, Section
811, and Section 8 Project Based Vouchers. Furthermore, while HUD may not be able to prioritize
formula grant funding based on this executive order, proposed upcoming budgets show drastic
cuts to the CDBG and HOME programs in the 2026 fiscal year, leading to lower allocations and
would increase the City of Cupertino’s dependence on discretionary grants for funding.
Governor’s Executive Order
Similarly, Governor Gavin Newsom signed Executive Order N-1-24, directing State agencies to
develop policies to prioritize addressing encampments on state property and to encourage local
jurisdictions to develop similar policies, but maintains that adopting policies which effectively
ban homelessness without providing adequate space for shelter is inhumane and should be
avoided. In May 2025, the Governor’s Office released a model ordinance for which they
encouraged cities to use, which bans urban camping on public property, erecting permanent and
semi-permanent structures for shelter, and prohibits sleeping, lying, or sitting in the public right
of way. It provides recommendations for encampment clearance procedures, which include:
providing encampments one written notice then initiating clean-up in 48 hours and storing
personal belongings for up to 60 days. The proposed ordinance would also make it unlawful to
39
HC 9-25-2025
39 of 55
camp within 200 feet of any posted notice to vacate. The executive order does not touch upon
enforcement of the sample ordinance and lets each City decide whether they wish to issue
citations, infractions, or misdemeanors for violations.
Public Camping Bans and Encampment Clearance Ordinances
The Supreme Court’s decision in Grants Pass v. Johnson, ruled that enforcing public camping
bans when shelter is not immediately available did not constitute cruel and unusual punishment
under the 8th Amendment. As a response, several cities in California have passed new ordinances
banning camping on public property and adopting standards for clearing encampments.
However, for many neighboring cities, these policies are either only recently enacted or are still
being proposed. As a result, data is not yet readily available as to whether adopting these
ordinances have been effective in aiding cities to conduct clearance abatement significantly more
quickly than under previous protocols. A summary of some policies enacted by other neighboring
jurisdictions has been included below:
Figure 2: Bay Area Municipalities Encampment Ordinances
City Date Enacted Encampment Ban Clearance Management Enforcement
Antioch Proposed,
not enacted
Amend city park
ban to include
trails, sidewalks,
public areas
72-hr written notice Abatement
Fremont February
2025
All public spaces Noticing not required -
encampment may be
cleared immediately
where property is left
for more than 24 hrs.
Misdemeanor;
$1000 fine and/or
6 months jail
Millbrae June 2025 All public spaces One written notice, then
clean-up can take place
24 hrs later.
Misdemeanor;
$1000 fine and/or
6 months jail
Berkeley Protocol Fire, health, or
safety hazard
72-hr written notice Infraction; $100
fine
Redwood
City
July 2025 All public spaces,
if available
shelter is offered
Two written notices
with 24 hrs in between,
clean-up at 72 hrs.
Misdemeanor;
$100 fine and/or 6
months jail
San Mateo
(County)
January 2024 All public spaces,
if available
shelter is offered
Two written notices
with 24 hrs in between,
clean-up at 72 hrs.
Misdemeanor;
$500 fine and/or 6
months jail
San Jose Proposed All public spaces,
if available
shelter is offered
Three offers for housing
within 18 months, and
then removal.
Misdemeanor;
$1000 fine and/or
6 months jail
40
HC 9-25-2025
40 of 55
Reasons for Recommendation
Staff does not have a recommended course of action at this time. The recommended action is for
the Housing Commission to receive a presentation on recent executive orders which encourage
cities and counties to adopt local ordinances for encampment clearance, on recent policies
adopted by neighboring jurisdictions, and to continue to study and consider programs and
policies to address homelessness.
Sustainability Impact
No sustainability impact.
Fiscal Impact
No fiscal impact.
California Environmental Quality Act
No California Environmental Quality Act impact.
______________________________________________________________________________
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
Attachments:
A – City of Cupertino Process For Assisting Unhoused Residents
B - Ending Crime and Disorder on America's Streets – The White House
C - Encampment Ordinance - Governor's Executive Order
41
HC 9-25-2025
41 of 55
City Of Cupertino Process For Assisting Unhoused Residents
September 16, 2022
Cupertino City Council Resolution 20-140, adopted on December 15, 2020, endorsed the
Santa Clara County Community Plan to End Homelessness. The City of Cupertino’s (City)
process listed below addresses Strategy 3: Improve quality of life for unsheltered
individuals and create healthy neighborhoods for all. The City has received input from
the community regarding concerns of unhoused individuals living on Cupertino
property. Working to address these concerns as quickly and effectively as possible is
important to the City. There are many social and legal hurdles that must be considered
when working on these scenarios. Recent court cases have upheld the rights of unhoused
individuals to occupy public property if alternative housing options and certain levels of
support are not available to these individuals. These necessary services are not directly
provided by the City and therefore the City must engage with other entities to ensure
these services are available.
Many individuals experiencing homelessness simply need assistance to change their
unhoused situation. For this reason, the City of Cupertino has taken an approach that
focuses first on ensuring the well-being of the unhoused individuals, second on informing
the individuals of the assistance available to them, and third on assisting the individual
to a setting that can provide services. These steps require time to properly implement.
For emergency situations, call 911. To request a non-emergency welfare check, call 408-
299-2311.
The City’s Process for Assisting Unhoused Individuals:
1) To notify the City of unhoused individuals or encampments, submit a request
through Cupertino 311 app or www.cupertino.org/311.
2) City contacts County Office of Supporting Housing (OSH) who engages the
individual, offering available assistance services to them. In cases where
individual accepts services, the individual is typically taken to facilities where
assistance is provided.
3) City may request County Sheriff’s Office to engage with individual(s) and perform
a wellness check. For individuals needing immediate medical assistance, the
42
HC 9-25-2025
42 of 55
Sheriff’s Office will initiate emergency medical services. The Sheriff’s Office will
notify the City of its assessment.
4) Where individuals are not willing to immediately accept services, the City
continues to coordinate with OSH in additional outreach. OSH and non-profit
contractors work to build trust with the individual towards having the individual
accept the assistance available.
5) During the OSH outreach period, OSH provides the City with its assessment of its
efforts. If continued efforts do not result in the individual accepting assistance,
OSH provides the City with a determination that continued efforts will not result
in the individual relocating to assistive services.
6) City initiates an encampment resolution process. This process follows the steps
required to notice the encampment occupants of the City’s intent to dismantle the
encampment and to have the area cleared of any items that remain at the location.
The resolution process requires the City to work with OSH to secure available
shelter options for each individual at the location. Any items of apparent value
will be stored for up to 90 days. A posted notice at the location will provide
guidance to individuals on how to retrieve their belongings.
An encampment resolution is the final effort to have an encampment removed from City
property. This step typically results in individuals relocating to another site, whether a
sanctioned shelter or another unsanctioned location, and the site is cleaned up by City led
forces. If individuals relocate to another unsanctioned location, the City’s process steps
are reinitiated upon notification of the new encampment.
The City makes every effort to engage with unhoused individuals and to provide to them
the services available to help them off the streets. The encampment resolution phase is
considered a last resort as this typically does not result in the individual being assisted off
the street.
The process to prioritize outreach and engagement to build trust and rapport has shown
to be the most effective approach at helping unhoused individuals on a path to housing
and addressing the community’s concerns.
43
HC 9-25-2025
43 of 55
PRESIDENTIAL ACTIONS
ENDING CRIME AND DISORDER ON AMERICA’S STREETS
Executive Orders
July 24, 2025
By the authority vested in me as President by the Constitution and the laws of the United
States of America, it is hereby ordered:
Section 1. Purpose and Policy. Endemic vagrancy, disorderly behavior, sudden
confrontations, and violent attacks have made our cities unsafe. The number of
individuals living on the streets in the United States on a single night during the last year
of the previous administration — 274,224 — was the highest ever recorded. The
overwhelming majority of these individuals are addicted to drugs, have a mental health
condition, or both. Nearly two-thirds of homeless individuals report having regularly
used hard drugs like methamphetamines, cocaine, or opioids in their lifetimes. An
equally large share of homeless individuals reported suffering from mental health
conditions. The Federal Government and the States have spent tens of billions of dollars
on failed programs that address homelessness but not its root causes, leaving other
citizens vulnerable to public safety threats.
Shifting homeless individuals into long-term institutional settings for humane treatment
through the appropriate use of civil commitment will restore public order. Surrendering
our cities and citizens to disorder and fear is neither compassionate to the homeless
nor other citizens. My Administration will take a new approach focused on protecting
public safety.
Sec. 2. Restoring Civil Commitment. (a) The Attorney General, in consultation with the
Secretary of Health and Human Services, shall take appropriate action to:
8/21/25, 1:51 PM Ending Crime and Disorder on America's Streets – The White House
https://www.whitehouse.gov/presidential-actions/2025/07/ending-crime-and-disorder-on-americas-streets/1/744
HC 9-25-2025
44 of 55
(i) seek, in appropriate cases, the reversal of Federal or State judicial precedents and
the termination of consent decrees that impede the United States’ policy of encouraging
civil commitment of individuals with mental illness who pose risks to themselves or the
public or are living on the streets and cannot care for themselves in appropriate facilities
for appropriate periods of time; and
(ii) provide assistance to State and local governments, through technical guidance,
grants, or other legally available means, for the identification, adoption, and
implementation of maximally flexible civil commitment, institutional treatment, and
“step-down” treatment standards that allow for the appropriate commitment and
treatment of individuals with mental illness who pose a danger to others or are living on
the streets and cannot care for themselves.
Sec. 3. Fighting Vagrancy on America’s Streets. (a) The Attorney General, the Secretary
of Health and Human Services, the Secretary of Housing and Urban Development, and
the Secretary of Transportation shall take immediate steps to assess their discretionary
grant programs and determine whether priority for those grants may be given to
grantees in States and municipalities that actively meet the below criteria, to the
maximum extent permitted by law:
(i) enforce prohibitions on open illicit drug use;
(ii) enforce prohibitions on urban camping and loitering;
(iii) enforce prohibitions on urban squatting;
(iv) enforce, and where necessary, adopt, standards that address individuals who are a
danger to themselves or others and suffer from serious mental illness or substance use
disorder, or who are living on the streets and cannot care for themselves, through
assisted outpatient treatment or by moving them into treatment centers or other
appropriate facilities via civil commitment or other available means, to the maximum
extent permitted by law; or
(v) substantially implement and comply with, to the extent required, the registration
and notification obligations of the Sex Offender Registry and Notification Act,
particularly in the case of registered sex offenders with no fixed address, including by
adequately mapping and checking the location of homeless sex offenders.
(b) The Attorney General shall:
(i) ensure that homeless individuals arrested for Federal crimes are evaluated,
consistent with 18 U.S.C. 4248, to determine whether they are sexually dangerous
persons and certified accordingly for civil commitment;
8/21/25, 1:51 PM Ending Crime and Disorder on America's Streets – The White House
https://www.whitehouse.gov/presidential-actions/2025/07/ending-crime-and-disorder-on-americas-streets/2/745
HC 9-25-2025
45 of 55
(ii) take all necessary steps to ensure the availability of funds under the Emergency
Federal Law Enforcement Assistance program to support, as consistent with 34 U.S.C.
50101 et seq., encampment removal efforts in areas for which public safety is at risk and
State and local resources are inadequate;
(iii) assess Federal resources to determine whether they may be directed toward
ensuring, to the extent permitted by law, that detainees with serious mental illness are
not released into the public because of a lack of forensic bed capacity at appropriate
local, State, and Federal jails or hospitals; and
(iv) enhance requirements that prisons and residential reentry centers that are under
the authority of the Attorney General or receive funding from the Attorney General
require in-custody housing release plans and, to the maximum extent practicable,
require individuals to comply.
Sec. 4. Redirecting Federal Resources Toward Effective Methods of Addressing
Homelessness. (a) The Secretary of Health and Human Services shall take appropriate
action to:
(i) ensure that discretionary grants issued by the Substance Abuse and Mental Health
Services Administration for substance use disorder prevention, treatment, and recovery
fund evidence-based programs and do not fund programs that fail to achieve adequate
outcomes, including so-called “harm reduction” or “safe consumption” efforts that only
facilitate illegal drug use and its attendant harm;
(ii) provide technical assistance to assisted outpatient treatment programs for
individuals with serious mental illness or addiction during and after the civil commitment
process focused on shifting such individuals off of the streets and public programs and
into private housing and support networks; and
(iii) ensure that Federal funds for Federally Qualified Health Centers and Certified
Community Behavioral Health Clinics reduce rather than promote homelessness by
supporting, to the maximum extent permitted by law, comprehensive services for
individuals with serious mental illness and substance use disorder, including crisis
intervention services.
(b) The Attorney General shall prioritize available funding to support the expansion of
drug courts and mental health courts for individuals for which such diversion serves
public safety.
Sec. 5. Increasing Accountability and Safety in America’s Homelessness Programs. (a)
The Secretary of Health and Human Services and the Secretary of Housing and Urban
8/21/25, 1:51 PM Ending Crime and Disorder on America's Streets – The White House
https://www.whitehouse.gov/presidential-actions/2025/07/ending-crime-and-disorder-on-americas-streets/3/746
HC 9-25-2025
46 of 55
Development shall take appropriate actions to increase accountability in their provision
of, and grants awarded for, homelessness assistance and transitional living programs.
These actions shall include, to the extent permitted by law, ending support for “housing
first” policies that deprioritize accountability and fail to promote treatment, recovery,
and self-sufficiency; increasing competition among grantees through broadening the
applicant pool; and holding grantees to higher standards of effectiveness in reducing
homelessness and increasing public safety.
(b) The Secretary of Housing and Urban Development shall, as appropriate, take steps
to require recipients of Federal housing and homelessness assistance to increase
requirements that persons participating in the recipients’ programs who suffer from
substance use disorder or serious mental illness use substance abuse treatment or
mental health services as a condition of participation.
(c) With respect to recipients of Federal housing and homelessness assistance that
operate drug injection sites or “safe consumption sites,” knowingly distribute drug
paraphernalia, or permit the use or distribution of illicit drugs on property under
their control:
(i) the Attorney General shall review whether such recipients are in violation of Federal
law, including 21 U.S.C. 856, and bring civil or criminal actions in appropriate cases; and
(ii) the Secretary of Housing and Urban Development, in coordination with the Attorney
General, shall review whether such recipients are in violation of the terms of the
programs pursuant to which they receive Federal housing and homelessness assistance
and freeze their assistance as appropriate.
(d) The Secretary of Housing and Urban Development shall take appropriate measures
and revise regulations as necessary to allow, where permissible under applicable law,
federally funded programs to exclusively house women and children and to stop sex
offenders who receive homelessness assistance through such programs from being
housed with unrelated children.
(e) The Secretary of Housing and Urban Development, in consultation with the Attorney
General and the Secretary of Health and Human Services, shall, as appropriate and to
the extent permitted by law:
(i) allow or require the recipients of Federal funding for homelessness assistance to
collect health-related information that the Secretary of Housing and Urban
Development identifies as necessary to the effective and efficient operation of the
funding program from all persons to whom such assistance is provided; and
8/21/25, 1:51 PM Ending Crime and Disorder on America's Streets – The White House
https://www.whitehouse.gov/presidential-actions/2025/07/ending-crime-and-disorder-on-americas-streets/4/747
HC 9-25-2025
47 of 55
(ii) require those funding recipients to share such data with law enforcement authorities
in circumstances permitted by law and to use the collected health data to provide
appropriate medical care to individuals with mental health diagnoses or to connect
individuals to public health resources.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed to impair or
otherwise affect:
(i) the authority granted by law to an executive department or agency, or the head
thereof; or
(ii) the functions of the Director of the Office of Management and Budget relating to
budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the
availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive
or procedural, enforceable at law or in equity by any party against the United States,
its departments, agencies, or entities, its officers, employees, or agents, or any
other person.
(d) The costs for publication of this order shall be borne by the Department of Housing
and Urban Development.
DONALD J. TRUMP
THE WHITE HOUSE,
July 24, 2025.
NEWS
ADMINISTRATION
ISSUES
CONTACT
EOP
VISIT
The WHITE HOUSE
8/21/25, 1:51 PM Ending Crime and Disorder on America's Streets – The White House
https://www.whitehouse.gov/presidential-actions/2025/07/ending-crime-and-disorder-on-americas-streets/5/748
HC 9-25-2025
48 of 55
VISIT
GALLERY
VIDEO LIBRARY
AMERICA 250
FOUNDING FATHERS
Subscribe to The White House newsletter
Your email SIGN UP
Text POTUS to 45470 to receive updates
THE WHITE HOUSE
1600 Pennsylvania Ave NW
Washington, DC 20500
WH.GOV
Copyright
8/21/25, 1:51 PM Ending Crime and Disorder on America's Streets – The White House
https://www.whitehouse.gov/presidential-actions/2025/07/ending-crime-and-disorder-on-americas-streets/6/749
HC 9-25-2025
49 of 55
Privacy
8/21/25, 1:51 PM Ending Crime and Disorder on America's Streets – The White House
https://www.whitehouse.gov/presidential-actions/2025/07/ending-crime-and-disorder-on-americas-streets/7/750
HC 9-25-2025
50 of 55
GOVERNOR GAVIN NEWSOM • SACRAMENTO, CA 95814 • (916) 445 -2841
OFFICE OF THE GOVERNOR
Model Ordinance: Addressing Encampments with Urgency and Dignity
After the Supreme Court’s decision in Grants Pass v. Johnson clarified that
officials can take reasonable actions to clear encampments, the Governor
signed Executive Order N-1-24, which directed state agencies to develop
policies to prioritize addressing encampments on state property while providing
reasonable advance notice and partnering with shelter and services providers.
That Executive Order also encouraged local governments to adopt similar
policies, and to use all available resources and infrastructure, including the
historic resources provided by the State, to take urgent action to humanely
remove encampments from public spaces. And the Governor directed the
California Interagency Council on Homelessness to create guidance, published
here, for local governments to follow in creating and implementing those
programs.
This model ordinance is intended to provide a starting point that
jurisdictions may build from and adjust in creating their own policies. It draws
from the state’s proven and workable approach — an approach that, between
July 2021 and May 2025, has cleared more than 16,000 encampments and over
311,873 cubic yards of debris from sites along the state right of way. These results
demonstrate that the policy is both effective and scalable, offering a sound,
adoptable framework for jurisdictions to resolve encampments with urgency
and dignity.
This model ordinance is not intended to be comprehensive or to impose a
one-size-fits-all approach for every city. Tailoring is expected and appropriate to
account for local differences and priorities. For example, a jurisdiction may
choose to restrict camping at all times in certain sensitive locations, such as near
schools; limit camping to no more than one night in the same location; or
require a longer notice period before removal. While specific policies may vary,
all local approaches should reflect three basic principles embodied in this
model:
51
HC 9-25-2025
51 of 55
• No person should face criminal punishment for sleeping outside when they
have nowhere else to go. Policies that prohibit individuals from sleeping
outside anywhere in the jurisdiction without offering adequate indoor
shelter, effectively banishing homeless individuals from the jurisdiction’s
borders, are both inhumane and impose externalities on neighboring
jurisdictions, which must face the costs and challenges of an increased
unsheltered homeless population.
• Encampment policies must prioritize shelter and services and ensure that
people experiencing homelessness and their belongings are treated with
respect.
• Policies must not unduly limit local authority to clear encampments.
Officials must be able to enforce common-sense policies to protect the
health and safety of their residents and maintain their public spaces.
When officials lack appropriate tools, encampments persist, endangering
the health and safety of those living in and alongside them.
There is no compassion in abandoning Californians to the dangers and
indignities of encampments. Encampments pose a serious public safety risk,
often causing fires and exposing encampment residents to increased risk of
sexual violence and criminal activity, to property damage and break-ins, and
unsanitary conditions affecting both residents and neighbors. And they dampen
and deter both commercial and recreational activity through the accumulation
of hazardous material and excessive debris, harming downtowns and depriving
Californians of their public spaces. Large encampments and those with semi-
permanent structures exacerbate and perpetuate these harms. Every local
government must have a plan to address them.
52
HC 9-25-2025
52 of 55
Model Ordinance [For Local Customization]
Section XX1. Encampments
Unless authorized by permit or other applicable law, it is unlawful:
(a) To construct, place, or maintain on public property any semi-permanent
structure, including but not limited to hand-built sheds and structures with
metal or other heavy roofing and siding materials, for the purpose of
sheltering one or more persons.
(b) To camp on public property, including but not limited to using, placing or
maintaining a tent, sleeping bag, blanket, or other materials for the
purpose of sleeping, lying, or sheltering one or more persons for more than
three consecutive days or nights in the same location. For purposes this
section, the same location shall mean within 200 feet of the location in
which the person camped on the previous day or night.
(c) To camp within 200 feet of any posted notice to vacate or other official
signage designating a location for encampment clearance or otherwise
prohibiting sitting, sleeping, lying, camping, or placing personal property in
that location.
(d) To sit, sleep, lie, or camp on any public street, road, or bike path, or on
any sidewalk in a manner that impedes passage within the meaning of
the American Disabilities Act.
Section XX2. Enforcement
(a) Except in exigent circumstances involving an imminent threat to life,
safety, health, or infrastructure, each of the following shall be satisfied
prior to the enforcement of section XX1:
(i) City officials, or any agent acting on their behalf, shall make every
reasonable effort to identify and offer shelter at an emergency
shelter, navigation center, or other appropriate housing, and to
offer supportive services, to persons living in the encampment.
(ii) City officials, or any agent acting on their behalf, shall post a notice
to vacate in a prominent location at the encampment site at least
48 hours prior to the enforcement action. That notice shall include,
at a minimum:
(1) The anticipated date and time of the enforcement action
53
HC 9-25-2025
53 of 55
(2) Information on services, including shelter, that are
immediately available to persons living in the encampment
(3) Information on how unattended belongings will be handled
the day of the enforcement action, including what will be
stored, how they can be recovered, and the date by which
they must be claimed.
(iii) No enforcement operations shall begin earlier than the date and
time on the notice to vacate. If the enforcement work does not
begin within two days of the date written on the notice, a new
notice must be posted a minimum of 48 hours before enforcement
operations may begin.
(b) Where exigent circumstances require less than 48 hours’ notice prior to
enforcement of section XX1:
(i) City officials, or any agent acting on their behalf, shall provide as
much advance notice of enforcement as reasonably possible
under the circumstances; and
(ii) As soon as reasonably possible following enforcement action, city
officials or any agent acting on their behalf shall post notice at or
near the encampment site describing where items taken during the
enforcement action are stored, how they can be recovered, and
the date by which they must be claimed.
(c) Personal belongings collected at the encampment site that are not a
health or safety hazard shall be collected, tagged, and stored for not less
than 60 days following an enforcement action.
(i) “Personal belongings” includes:
(1) items of apparent value of $50 or more
(2) items of apparent personal value, including, but not limited
to: eyeglasses, operational wheelchairs, walkers, crutches,
other medical equipment, habitable tents, personal papers
(such as photographs, albums, ID's, bank statements, and
legal papers), backpacks, containers, and operational
bicycles, scooters, and strollers.
(ii) Items that constitute a health and safety risk and will not be
collected include, but are not limited to:
(1) Toxic sharps: needles, scissors, knives.
(2) Chemicals: bleach, paint, oils, etc.
(3) Items (including bedding and clothing) soiled by infectious
materials, including human waste and bodily fluids.
54
HC 9-25-2025
54 of 55
(4) Moldy, mildewed items.
(5) Items that may be infested by rodents and insects: rats, mice,
fleas, lice, bed bugs.
(6) Items that pose a risk of fire or explosion, combustibles and
propane tanks; any item containing fuel or corrosives or other
unidentified liquids.
(7) Backpacks and closed containers that have been
determined by an individual licensed to identify and handle
hazardous materials to contain items listed in (1)-(6) above or
(iii) below. Such backpacks and closed containers may be
discarded where no individual licensed in hazardous
materials is present to make a determination.
(8) If personal belongings are co-mingled or littered with needles,
human waste, or other health risks, the entire pile of
belongings may be disposed of. The presence of clothing in a
backpack or container shall not be the sole reason to discard
the backpack or container.
(iii) Bulky items such as mattresses and sheds, perishable items such as
food, controlled substances, contraband, and trash or debris will
not be collected and stored. Contraband and controlled
substances should be handled by trained professionals and
consistent with applicable law.
(d) Nothing in this section shall be construed to limit or prohibit city officials
from enforcing any other city or state laws, including, but not limited to,
laws governing use of controlled substances or weapons, fire codes, and
public nuisance laws.
Section XX3. Regulations
(a) The [relevant department or agency] shall issue regulations or guidelines
necessary to aid in the implementation or enforcement of this chapter.
55
HC 9-25-2025
55 of 55