CC 03-08-2022 Item No. 2. Housing Element Update - Updated Supplemental Staff Report Memo by EMC_Desk ItemEMC Planning Group
To: City Council
From: Ande Flower, EMC Planning Group;
Date: March 8, 2022
Re: Public outreach update and recommended Stakeholder Group list (continued)
SUMMARY
This memorandum amends the memo presented to Council on 3/1/2022; presents options for going
forward with the possibility for a Stakeholder Group; and sets parameters for a potential Strategy Advisory
Sub‐Committee.
ACTION REQUEST
Consider alternatives for a Stakeholder Group, for a Strategy Advisory Sub‐Committee and provide
guidance for next steps.
BACKGROUND
The success of the 6th Cycle Housing Element Update process hinges in part on a community outreach
and engagement program that is robust, inclusive, and meaningful. In 2018, Assembly Bill 686 (AB 686)
established a state mandate that expanded the duty of all California’s public agencies to affirmatively
further fair housing (AFFH).
The AFFH law mandates that outreach includes “all economic segments of the community.” (HCD AFFH
Guidance, p. 10.) HCD Guidance and a review of comments on Housing Elements recently submitted by
other jurisdictions in the state counsels in favor of efforts to include a wide range of community
members and representative groups, including:
Nonprofit and community‐based organizations
Housing providers
Lower income and special needs community members and households, including representative
organizations
Churches and community groups serving ethnic or linguistic minorities
Local and regional advocates and service providers, such as homeless service agencies
In an effort to gain a multitude of perspectives, we have sent personalized Focus Group invitations to
past participants in the 5th Cycle Housing Element Update process and to local non‐profit housing
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providers, community‐based groups, and faith‐based organizations. At present, we have not received
responses from these groups.
EMC Planning Group is also working directly with the ABAG Santa Clara Collaborative Steering
Committee for AFFH. By participating with this Committee, we are positioned to provide Cupertino with
the most current information for AFFH data integration. Council is being asked to consider several
options for forming a Stakeholder Group to complement these ongoing outreach efforts, consistent with
the requirements of HCD Guidance.
DISCUSSION
Increased participation is encouraged and we remain open to discovering additional ways to bring people
to the Housing Element update discussion. The numbers of people who have joined the December
Workshop and who have submitted draft housing plans with the Cupertino Housing Simulator tool have
been less than anticipated.
STAKEHOLDER GROUP OPTIONS
The Stakeholder Group is one of several approaches for helping our process meet HCD’s AFFH guidelines.
We received thirty (30) excellent applications with the online form and paper copies available at the
Library and Senior Center. There was one double entry, which explains the strikethrough for number
SHapp 21. Using a point system, and a blind‐review so that reviewers could not see candidate names or
contact information, we had four (4) staff members of EMC Planning Group select the top ten (10)
candidates, as follows:
Stakeholder Applicants Recommended for Group:
Corrected List:
Name
John Zhao
Abdullah Memon
Jennifer Shearin
Joseph Fruen
Janet Van Zoeren
Ava Pai‐Chi Chiao
Elizabeth Moore
Lisa Warren
Kylie Clark*
Aaron Klinefelter*
David Fung*
Susan Moore**
Ravi Kumar**
Shankar Krishnan
Sean Hughes
When EMC Planning Group correlated the blind list with review IDs, there were two names incorrectly
added, and three names unintentionally left out. Following is a key to the names listed above with the
corrected list of recommended applicants:
*Accidental oversight
Initial Incorrect List:
John Zhao
Abdullah Memon
Jennifer Shearin
Joseph Fruen
Shankar Krishnan
Sean Hughes
Janet Van Zoeren
Ava Pai‐Chi Chiao
Elizabeth Moore
Lisa Warren
EMC Planning Group
**Proposed additions to list
Unintentional additions to list
Stakeholders are anticipated to inform the planning process by providing dialogue to be summarized and
brought to the Council for discussion, determination, and decision‐making. Based on the experience of
other local jurisdictions in the state, we understand that proposed policies and programs will be accepted
by HCD only if there is a through‐line between the understood regional housing needs and the proposed
policies. Meeting with representatives of those in need of housing enables our process to have the most
essential ingredient of our plan going forward: Dialogue that leads to a clear understanding of the housing
needs.
A Stakeholder Group can be one part of the City’s effort to advance these goals. To best meet HCD
requirements, the group should consist of residents, local employees, community‐based organizations,
service providers, and/or other involved community members in the plan area. A minimum of three
Stakeholder meetings will be organized throughout the planning process, including, but not limited to: (1)
Plan Kickoff & Goal‐Setting Meeting, (2) Policies & Strategies Meeting, and (3) Draft Plan Meeting. All
meetings will be online, recorded, and available for viewing with a link on the website and emails sent to
all subscribers on the day of availability.
Three options for moving forward with a Stakeholder Group are listed below as OPTION A: Accept the
staff‐recommended list of stakeholders, as amended; OPTION B: Propose up to ten additional applicants,
selected by Council; OPTION C: Council performs a blind selection of applicants, as scored by each Council
member and presented at the 3/8/2022 Council meeting.
OPTION A:
Council is invited to re‐consider accepting the staff‐recommended List of Stakeholders. Among the 13
staff‐recommended Stakeholder candidates, seven are representatives and/or advocates for those who
may be in need of housing, and six candidates bring a lived‐experience and shared perspective of those in
need of affordable housing in Cupertino. The dialogue that may be captured with these meetings can help
inform decision‐makers in discovering how to address the housing needs specific to Cupertino, in response
to regional needs. Information learned within this group will be balanced among our multi‐faceted and
unfolding approach to AFFH research that will be brought to Council.
OPTION B:
Council is invited to add up to 10 additional Stakeholder candidates to the initial List. Collaboration with
this Stakeholder Group will be focused on meeting goals of affirmatively furthering fair housing. With this
option, please consider that individuals of all incomes, races, and ethnic backgrounds as well as employees
of local businesses, community‐ and faith‐based organizations, and public agencies are encouraged to
participate. All participants must be open to active listening and agree to participate in ways that remain
open to a diversity of perspectives.
OPTION C:
Council is invited to enact a blind assessment of Stakeholders to provide a list of accepted candidates. A
point system was initiated to assess potential applicants for the 6th Cycle Housing Element Stakeholder
Group. Selection criteria is intended to result in a diverse cross‐section of perspectives with people willing
to discuss housing needs in Cupertino. A recommended scoring approach is to favor those who may
represent either an under‐represented role in the community for policy discussion, or embody a cross‐
section of perspectives. Description of qualifications, a check‐box for self‐identification, and number of
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languages spoken are equally weighted evaluation criteria of 25 points each, and the remaining questions
are valued at up to 5 points. See Attachments A & B for support documentation for this option.
STRATEGY ADVISORY SUB‐COMMITTEE
Council is also invited to consider enacting a sub‐committee of Cupertino leadership. This Strategy
Advisory Sub‐Committee may help staff and decision‐makers familiarize themselves with the many new
requirements associated with this 6th Cycle Housing Element update to determine a best‐fit strategy
approach for meeting HCD’s requirements for certification.
Staff recommends that Council consider an advisory sub‐committee formed based on the following
criteria:
That the Sub‐Committee consist of the Housing Commission Chair, the Planning Commission
Chair, and two Council members.
That the meetings be noticed, available to the public, and recorded for viewing after the meetings.
That meeting dialogue and communications are focused on overall strategy considerations and
not focused on specific details.
HCD GUIDANCE FOR HIGHEST RESOURCE AREAS SUCH AS CUPERTINO
An HCD resource was made available last week is included below for your reference. The recently released
guidance focuses specifically on how to address AFFH for “Highest Resource Areas” such as Cupertino. It
is essential that Cupertino look beyond their own boundaries to better analyze regional housing needs.
HCD Housing Policy Manager Paul McDougal explains within this webinar that solutions for AFFH
regarding sites and policies cannot be quantified as part of a prescribed formula, nor can cities follow a
SCAG‐certified city’s approach because the policy solutions, milestones and metrics must be connected
to comprehensive analysis of housing needs. Instead, staff is continuing to learn through HCD’s iterative
process of providing guidance materials. As discussed within the panel for this webinar, HCD has not had
much experience reviewing jurisdictions for AFFH compliance that are comprehensively within the Highest
Resource category, as assessed by the California Fair Housing Task Force (see Source Data links below for
more information). Following is a link to the HCD webinar:
https://mtcdrive.app.box.com/s/0cwlyb6ins8ly2p9pogze1cgzuhrv940
UPDATE TO PUBLIC OUTREACH NEXT STEPS:
Initiate a new, stand‐alone Engagement HQ website for Housing Element Update outreach and
communications.
EMC Planning Group to provide bi‐weekly updates to Council and to subscribers to the website.
SOURCE DATA:
To learn more about “Highest Resource Areas” please visit this site to find links to mapping and
methodology: https://www.treasurer.ca.gov/ctcac/opportunity.asp
ATTACHMENTS:
Attachment A: List of Stakeholder applicants and submitted answers.
Attachment B: Score‐keeping table for OPTION C for Stakeholders.