HC 09-26-2024 Item No. 2. Amended Attachment A - PY 2023 CDBG CAPERCAPER 1
OMB Control No: 2506-0117 (exp. 09/30/2021)
City of Cupertino
Consolidated Annual Performance Evaluation Report (CAPER)
Program Year 2023 (July 1, 2023 – June 30, 2024)
Public Noticing of 2023 CAPER:
Newspaper Ad Published in the Cupertino Courier on September 6, 2024
Draft CAPER posted on the City’s website on September 9, 2024
Public Comment Period: September 10 – September 24, 2024
Housing Commission held on September 26, 2024 at 5:30 pm
Contact Information:
City of Cupertino, Housing Division
Nicky Vu, Senior Housing Coordinator
NickyV@cupertino.org
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.
HC 09-26-2024 Item No. 2. Amended
Attachment A
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) 2023 Annual Action Plan (AAP) and the 2020-2025 Consolidated Plan for Housing and
Community Development (Con Plan). PY 2023 is the fourth 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, the City is
making progress towards achieving its five year goals.
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 Department of
Housing and Urban Development (HUD). HUD provides these funds to the City on an annual basis to use for projects and activities 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) 2023 CAPER covers July 1, 2023 - June 30, 2024, which is the fourth 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 2023, the amount of funds allocated to those activities, and the number of low- and moderate-income persons and
households who were assisted. The 2023 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 24, 2024, and includes
reports generated by HUD’s Integrated Disbursement and Information System (IDIS).
For PY 2023, the City of Cupertino received $358,910 in CDBG entitlement funds from HUD, receipted $7,942.39 in program income, and had
$222,032.28 of prior year unexpended funds, for a total of $588,884.67 in program funds. The City’s major accomplishments for PY 2023 include:
• Funding health and safety repairs for 9 extremely low- and moderate income senior homeowners
• Providing social services to 124 low-income individuals to prevent homelessness
• Providing a specialized care program for 19 elderly residents of the City
• Entered into negotiations with a contractor for capital improvements at the Cupertino Senior Center to upgrade the fire sprinkler system
CAPER 4
OMB Control No: 2506-0117 (exp. 09/30/2021)
Comparison of the proposed versus actual outcomes for each outcome measure submitted with the consolidated plan and
explain, if applicable, why progress was not made toward meeting goals and objectives. 91.520(g)
Categories, priority levels, funding sources and amounts, outcomes/objectives, goal outcome indicators, units of measure, targets, actual
outcomes/outputs, and percentage completed for each of the grantee’s program year goals.
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 500 428 85.60% 82 91 110.98%
Frail
Elderly/Elderly
Services
Non-Homeless
Special Needs
Non-Housing
Community
Development
CDBG:
$19,054.05
Public service
activities other
than
Low/Moderate
Income Housing
Benefit
Persons
Assisted 110 66 60.00% 20 19 95.00%
Homeowner
Rehabilitation
Affordable
Housing
CDBG:
$92,536.00
Homeowner
Housing
Rehabilitated
Household
Housing
Unit
35 25 71.43% 7 9 128.57%
Planning and
Administration
Planning and
Administration
CDBG:
$73,370.80 Other Other 5 4 80.00% 1 1 100.00%
Services for Low-
Income Families
and Homeless
Population
Homeless
Non-Housing
Community
Development
CDBG:
$35,974.05
Homelessness
Prevention
Persons
Assisted 500 404 80.80% 100 124 124.00%
Table 1 - Accomplishments – Program Year & Strategic Plan to Date
CAPER 5
OMB Control No: 2506-0117 (exp. 09/30/2021)
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 2023 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 benefit low-
income and special needs households.
4. Promote fair housing choice.
The City is making steady progress toward meeting these goals in PY 2023. Under the affordable housing category, the City provided funding to
assist in addressing health and safety repairs for 9 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 124 low-income Cupertino residents, 43 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
day care for frail elderly dependent adults. The organization operates a site in Cupertino, and in PY 2023 they served 19 elderly and disabled
clients. In total, CDBG funding assisted 152 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
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 272 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
CAPER 6
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 70
Black or African American 7
Asian 42
American Indian or Alaskan Native 3
Native Hawaiian or Other Pacific Islander 3
Other/multi-racial 27
Total 152
Hispanic 18
Not Hispanic 134
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
2023.
In total, the City’s CDBG program served 152 people. The Race/Ethnicity percentages are as follows:
• 46.1% were White
• 4.6% were African American
• 27.6% were Asian
• 2.0% were American Indian or Alaskan Native
• 2.0% were Native Hawaiian or Other Pacific Islander
• 17.8% were Other/Multi-Racial
Out of the total of 152 people assisted, approximately 11.8% were Hispanic. In addition, 48 female
headed households were served through the City's CDBG funded programs. This information was
reported to the City in the quarterly performance reports.
CAPER 7
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 588,886.28 220,934.90
Other public - local 50,000 50,000
Table 3 - Resources Made Available
Narrative
During PY 2023, the City received an entitlement allocation of $358,910. In addition to the entitlement
amount, the City received $7,942.39 in program income, and had $222,032.28 in prior year unexpended
funds. Combined, the total amount of CDBG funds that were available in PY 2023 was $588,884.67.
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.
CAPER 8
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 2023, 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.
CAPER 9
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 9
Number of special-needs households to
be provided affordable housing units
0 0
Total 7 9
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 9
Number of households supported
through the acquisition of existing units
0 0
Total 7 9
Table 6 – Number of Households Supported
Discuss the difference between goals and outcomes and problems encountered in meeting
these goals.
In PY 2023, Rebuilding Together Silicon Valley (RTSV) provided health and safety repairs to rehabilitate 9
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 fourth year
reporting on the goals outlined in the 2020-25 Consolidated Plan, and the City anticipates meeting the
five year goals.
CAPER 10
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 4 0
Low-income 2 0
Moderate-income 3 0
Total 9 0
Table 7 – Number of Households Served
Narrative Information
In total, the City provided funding to repair 9 units of affordable housing. Of those 9 housholds, 4 were
extremely low-income (0-30% AMI), 2 was low-income (31-50% AMI), and 3 was moderate-income (51-
80% AMI). The homeowers assisted were seniors and persons with disabilities.
CAPER 11
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.
Addressing the emergency shelter and transitional housing needs of homeless persons
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
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 to the RSCP program which will be utilized over the course of PY 2023. These funds will be
used to help participants with their vehicle expenses, including insurance, registration, repairs, and gas
cards.
In PY 2023, 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
CAPER 12
OMB Control No: 2506-0117 (exp. 09/30/2021)
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 2023, the City provided $35,974.05 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 2023, 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 30 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
advocacy of elders living in long-term care facilities. In total, 23 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.
CAPER 13
OMB Control No: 2506-0117 (exp. 09/30/2021)
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 $35,974.35 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 2023, 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 97 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 will be utilized over the
course of PY 2023. These funds will be used to help participants maintain access to food and other
essential resources.
In total in PY 2023, the City spent approximately $55,028.10 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.
CAPER 14
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.
CAPER 15
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 2023, 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 2 resales of BMR
ownership units, and new tenants were found to fill vacancies for 12 BMR rental units.
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 is currently intended to go towards affordable housing development in
Cupertino, and will be allocated to the Mary Ave Housing Project in the near future.
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
residential developments to dedicate 10% of its housing as affordable.
CAPER 16
OMB Control No: 2506-0117 (exp. 09/30/2021)
In 2002, the City updated the Housing Element and 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 2023, the City released a NOFA/RFP for $4,250,000
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. In addition,
the NOFA/RFP included $266,000 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 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. The City has also
approved 2 projects that will create BMR (Below Market Rate) inclusionary housing. They are located at
Marina Plaza, and 1655 S. De Anza Blvd. The Westport Senior affordable housing development was
completed in May 2024 which added 48 very low income units of senior housing.
Actions taken to reduce lead-based paint hazards. 91.220(k); 91.320(j)
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.
CAPER 17
OMB Control No: 2506-0117 (exp. 09/30/2021)
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 2023, 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
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)
CAPER 18
OMB Control No: 2506-0117 (exp. 09/30/2021)
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 2023.
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.
• 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
CAPER 19
OMB Control No: 2506-0117 (exp. 09/30/2021)
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 2023, the Fair Housing Center at Project Sentinel served 91 individuals.
CAPER 20
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 24, 2024). An advertisement
was placed in the Cupertino Courier, a newspaper of general circulation on September 6, 2024
advertising the availability of the CAPER for public review and comment. The draft CAPER was posted on
the City’s website on September 9, 2024. 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 26,
2024 to provide the public with an opportunity to comment on the draft CAPER. One comment was
received during the public hearing where a community member desired to see more detailed
descriptions on how each organization spend their CDBG funds.
CAPER 21
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.
CAPER 22
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.