CC 03-24-20 #2 Emergency Assistance Funds for Tenants_A - Draft Resolution1
RESOLUTION NO. _____________
A RESOLUTION OF THE CITY OF CUPERTINO CREATING THE EMERGENCY
ASSISTANCE FUNDS PROGRAM FOR TENANTS AT RISK OF EVICTION DUE TO
IMPACTS OF THE NOVEL CORONAVIRUS (“EMERGENCY ASSISTANCE FUNDS”)
WHEREAS, on February 3, 2020 and pursuant to Section 101080 of the
California Health and Safety Code, the Santa Clara County Health Officer (the
“Health Officer”) declared a local health emergency throughout Santa Clara County
(the “County”) related to the novel coronavirus (“COVID-19”); and
WHEREAS, on February 3, 2020, and pursuant to Section 8630 of the California
Government Code, the Santa Clara County Director of Emergency Services
proclaimed a local emergency throughout the County related to COVID-19; and
WHEREAS, on March 4, 2020, California Governor Gavin Newsom declared a
State of Emergency to make additional resources available, formalize emergency
actions already underway across multiple state agencies and departments, and help
the State prepare for a broader spread of COVID-19; and
WHEREAS, on March 4, 2020, the County issued updated guidance for
workplaces and businesses, stating that employers should take steps to make it more
feasible for their employees to work in ways that minimize close contact with large
numbers of people, including: 1) suspend nonessential employee travel; and 2)
minimize the number of employees working within arm’s length of one another,
including minimizing or canceling large in-person meetings and conferences. The
County also recommended that persons at higher risk of severe illness should stay
home and away from crowded social gatherings of people as much as possible such as
parades, conferences, sporting events, and concerts where large numbers of people
are within arm’s length of one another; and
WHEREAS, on March 11, 2020, the City Manager of the City of Cupertino
(“City”) declared a local emergency throughout the City related to COVID-19; and
WHEREAS, on March 17, 2020, the Council ratified and continued the City
Manager’s declaration of a local emergency; and
WHEREAS, on March 13, 2020, the County issued a new Order mandating a
countywide moratorium on gatherings of more than 100 persons and a conditional
countywide moratorium on gatherings of between 35-100 persons. California
Governor Gavin Newsom also called for bar, wineries, and brewery pubs to close.
These restrictions impact how businesses operate that rely on customer patronage and
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will result in loss of revenue for those that cannot continue to operate their businesses
during this time or must operate under severe restrictions; and
WHEREAS, also on March 16, 2020 the County, along with five other Bay Area
counties, issued a sweeping Shelter in Place Order; and
WHEREAS, the County Superintendent of Schools and all district
superintendents in the County decided to close schools to students for three weeks
beginning Monday, March 16, 2020. These school closures will cause children to have
to remain at home, leading to many parents adjusting their work schedules to take
time off work, whether paid or unpaid. Hourly wage earners are unlikely to be paid
for time off. The inability to work due to school closures will economically strain
those families who cannot afford to take off time from work to stay at home; and
WHEREAS, on March 19, 2020, Governor Newsom ordered all individuals
living in the State of California to stay home or at their place of residence, with limited
exceptions, to stop the spread of COVID-19; and
WHEREAS, as a result of the State of Emergency and the subsequent
prohibitions on large gatherings, and shelter in place orders, many City residential
tenants have experienced sudden and substantial income loss due to business and
school closures, layoffs or reductions in work hours and extraordinary out-of-pocket
medical expenses, making it challenging for them to pay rent on time and thus, more
likely to face the prospect of eviction; and
WHEREAS, displacement through eviction destabilizes the living situation of
tenants and impacts the health of Cupertino’s residents by uprooting children from
schools, and disrupting the social ties and networks that are integral to citizens'
welfare and the stability of communities within the City; and
WHEREAS, displacement through eviction creates undue hardship for tenants
through additional relocation costs, stress, and anxiety, and the threat of
homelessness due to the lack of alternative housing; and
WHEREAS, during the COVID-19 pandemic outbreak, affected tenants who
have lost income due to impact on the economy or their employment are at risk of
homelessness if they are evicted for non-payment as they will have little or no income
and thus be unable to secure other housing if evicted; and
WHEREAS, housing instability threatens the public peace, health and safety as
eviction from one’s home can lead to homelessness; loss of community; stress and
anxiety caused by the experience of displacement; interruption of the education of any
children in the home; increased incidence of families moving into overcrowded
conditions creating greater risk for the spread of COVID-19; and
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WHEREAS, given the severe consequences to public health and safety
throughout the City that would result from evictions of residential tenants during the
City-wide local health emergency, the City finds and determines that an Emergency
Assistance Funds program (“Program”) is necessary to assist tenants at risk of
eviction due to COVID-19; and
WHEREAS, West Valley Community Services, a Bay Area nonprofit dedicated
to housing and food services for Cupertino and surrounding communities, reports
that the recent outbreak of COVID-19, and the subsequent impacts on employment in
service-sector jobs, are having a dire impact on these communities’ most vulnerable
residents; requests for rental assistance have significantly increased, as both current
and new clients are laid off or furloughed without pay; these families are at risk of
becoming homeless, as they are unable to pay their rent at the end of the month; and a
moratorium on evictions would help keep residents housed; and
NOW THEREFORE BE IT RESOLVED that the City Council finds that the
adoption and implementation of this Ordinance is not a project under the requirements
of the California Environmental Quality Act, together with related State CEQA
Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical
change in the environment. In the event that this Ordinance is found to be a project
under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines
section 15061(b)(3) because it can be seen with certainty to have no possibility that the
action approved may have a significant effect on the environment. CEQA applies only
to actions which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to
CEQA. In this circumstance, the proposed action to enact tenant protections would
have no or only a de minimis effect on the environment because it helps preserve the
status quo and reduce displacement. The foregoing determination is made by the City
Council in its independent judgment; and
BE IT FURTHER RESOLVED that the City Council of the City of Cupertino
hereby recommends approval of the Emergency Assistance Funds program; and
BE IT FURTHER RESOLVED that the City Council of the City of Cupertino
authorizes $350,000 in [Below Market Rate (BMR) Affordable Housing Funds (AHF) or
General Fund Human Services Grant (HSG) funds] be directed towards the Emergency
Assistance Fund for tenants at risk of eviction due to impacts of COVID-19; and
BE IT FURTHER RESOLVED that the City Council of the City of Cupertino
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authorizes the City Manager to negotiate and execute an agreement with West Valley
Community Services to implement the Emergency Assistance Funds program.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 24th day of March, 2020 by the following vote:
Members of the City Council
AYES:
NOES:
ABSENT:
ABSTAIN:
SIGNED:
__________________
Steven Scharf, Mayor
City of Cupertino
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Date
ATTEST:
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Kirsten Squarcia, City Clerk
________________________
Date
APPROVED AS TO FORM:
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Heather Minner, City Attorney
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Date