CC Resolution No. 20-135 Approving Budget Modification Emergency Assistance to Assist Unhoused Members Wolfe Rd EncampmentRESOLUTION NO. 20‐135
A RESOLUTION OF THE CITY OF CUPERTINO APPROVING BUDGET
MODIFICATION #2021‐107 TRANSFERRING $200,000 IN EXISTING
APPROPRIATIONS FROM THE GENERAL FUND TO THE BELOW MARKET
RATE (BMR) HOUSING SPECIAL REVENUE FUND AND
APPROVING THE ALLOCATION OF $200,000 IN BMR AFFORDABLE HOUSING
FUNDS (AHF) FOR EMERGENCY ASSISTANCE
TO ASSIST UNHOUSED MEMBERS OF THE WOLFE
ROAD ENCAMPMENT AND AUTHORIZE THE CITY MANAGER TO
NEGOTIATE AND EXECUTE ANY CONTRACTS NECESSARY TO FACILITATE
THE EMERGENCY ASSISTANCE
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; 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 Director of Emergency Services of the City of
Cupertino (City) proclaimed a local emergency throughout the City related to COVID‐
19; and
WHEREAS, on March 16, 2020 the County, along with five other Bay Area
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counties, issued a sweeping Shelter in Place Order; and
WHEREAS, on March 17, 2020, the Council ratified and continued the
proclamation of a local emergency; 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, on March 31, 2020, the Health Officer issued a Public Health Order
to continue sheltering in place and exempted individuals experiencing homelessness.
The Health Order strongly urged individuals to obtain shelter and strongly urged
governmental and other agencies to make shelter available. The City provided
handwashing facilities, portable restrooms, and debris bins to facilitate safer conditions
as recommended by the Health Order; and
WHEREAS, given the severe consequences to public health and safety
throughout the City that would result from the displacement of homeless encampments
during the City‐wide local health emergency, the City finds and determines that
Emergency Assistance Funds are necessary to assist unhoused residents of the Wolfe
Road encampment to mitigate safety hazards including COVID‐19; and
WHEREAS, in June 2020, the City formed a Homelessness Task Force to evaluate
and formulate a response to the growing needs of the homeless residents in Cupertino;
and
WHEREAS, the City’s Task Force has identified the Wolfe Road encampment as
a serious concern due to the COVID‐19 pandemic, impending inclement weather, and
proximity to high‐speed traffic entering the freeway. Through a cooperative effort
between the City, County of Santa Clara Office of Supportive Housing (OSH), and
Abode Services, it has been determined that six months of temporary lodging,
supportive services, and storage could provide a pathway to housing for the original
fifteen encampment members.
WHEREAS, in cooperation with OSH and Abode Services, the City has
coordinated six months of temporary lodging, supportive services, and storage
administered by Abode Services at an estimated total cost of $315,000. On October 6, 2020,
City Council adopted Resolution No. 20‐116 increasing General Fund appropriations by
$735,259 for COVID‐19 related activities. Staff is recommending $200,000 of the existing
General Fund COVID‐19 appropriations be transferred to the BMR Housing Special
Revenue Fund to assist with the costs associated with six months of temporary lodging,
supportive services, and storage for the fifteen encampment members. BMR AHF
programs and projects are funded by housing mitigation fees collected from residential
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and non‐residential development projects. Funds targeting extremely‐low income
households and/or persons with special needs are a permitted use of the City’s BMR
AHF. The remaining $115,000 will come from services and funding from the County of
Santa Clara and Housing Trust Silicon Valley, as well as donations from public/private
partnerships. Staff will continue to work closely with community partners, including
potential funders, to explore additional efforts to support unhoused members of our
community.
WHEREAS, Abode Services, is a Bay Area nonprofit dedicated to ending
homelessness by assisting low‐income, un‐housed people, including those with special
needs, to secure stable, supportive housing; and to be advocates for the removal of the
causes of homelessness; and
NOW THEREFORE BE IT RESOLVED that the City Council finds that the
adoption and implementation of this Resolution is not a project under the requirements
of the California Environmental Quality Act, together with related State CEQA
Guidelines (collectively, “CEQA”) because it has no potential for resulting in physical
change in the environment. In the event that this Resolution is found to be a project
under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section
15061(b)(3) because it can be seen with certainty to have no possibility that the action
approved may have a significant effect on the environment. CEQA applies only to
actions which have the potential for causing a significant effect on the environment.
Where it can be seen with certainty that there is no possibility that the activity in
question may have a significant effect on the environment, the activity is not subject to
CEQA. In this circumstance, the proposed action to contribute emergency funding to
assist unhoused individuals would have no or only a de minimis effect on the
environment because it would improve environmental conditions at the current
encampment. The foregoing determination is made by the City Council in its
independent judgment.; and
BE IF FURTHER RESOLVED THAT the City Council of the City of Cupertino
hereby approves Budget Modification #2021‐107 transferring $200,000 in existing
appropriations from the General Fund to the Below Market Rate Housing Special
Revenue Fund; and
BE IT FURTHER RESOLVED that the City Council of the City of Cupertino
hereby recommends approval of the BMR AHF emergency assistance funds; and
BE IT FURTHER RESOLVED that the City Council of the City of Cupertino
authorizes a $200,000 contribution in BMR AHF emergency assistance funds to Abode
Services to assist unhoused residents of the Wolfe Road encampment; 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 Abode Services
and any contracts necessary to facilitate the emergency assistance to individuals
experiencing homelessness.
PASSED AND ADOPTED at a special meeting of the City Council of the City of
Cupertino this 19th day of November, 2020 by the following vote:
Vote Members of the City Council
AYES: Scharf, Paul, Chao, Sinks, Willey
NOES: None
ABSENT: None
ABSTAIN: None
SIGNED:
___________________ ________
Steven Scharf, Mayor
City of Cupertino
_________________________
Date
ATTEST:
_________________________________
Kirsten Squarcia, City Clerk
_________________________
Date
11/24/2020
11/24/2020