CC 04-28-2020 (Special)1
APPROVED MINUTES
CUPERTINO CITY COUNCIL
Tuesday, April 28, 2020
SPECIAL CITY COUNCIL MEETING
At 6:45 p.m. Mayor Steven Scharf called the Special City Council meeting to order. This was
a teleconference meeting with no physical location.
ROLL CALL
Present: Mayor Steven Scharf, Vice Mayor Darcy Paul, and Councilmembers Liang Chao,
Rod Sinks, and Jon Robert Willey. Absent: None. All Councilmembers teleconferenced for
the meeting.
ORAL COMMUNICATIONS
Peggy Griffin was concerned about nonessential construction being performed on the Regnart
Creek Trail which could cause damage to tree roots and create traffic congestion on the portion
along Torre Ave.
Lisa Warren was concerned about construction damaging trees along Regnart Creek Trail at
Library Field. She requested exploring online fitness classes at Quinlan Community Center and
ways to encourage residents to shop locally which would cycle tax dollars back into the City.
ORDINANCES AND ACTION ITEMS
1. Subject: COVID‐19 Fiscal Impacts Update
Recommended Action: Accept the COVID‐19 Fiscal Update
Written Communications for this item included a staff presentation and emails to
Council.
Director of Administrative Services Kristina Alfaro gave a presentation.
Finance Manager Zach Korach answered questions from Council.
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Mayor Scharf opened public comment and the following people spoke.
Bicycle Pedestrian Commissioner Muni Madhdhipatla (representing self), asked about
leveraging state and federal funds to reduce revenue impacts and postponing approved
projects to offset deficits.
Peggy Griffin asked about sales tax revenue impacts; identifying “other financing
sources,” and expenditures for employee compensation, contract services, special
projects, and transfer out costs. (Provided written comments).
City Clerk Kirsten Squarcia read an email on behalf of Viji, asking the Council to take
care of City employees when making fiscal adjustments and asking if the Council
provided input on the mitigation measures.
Mayor Scharf closed public comment.
Councilmembers asked questions and made comments.
Council directed staff to provide major revenue items with shortfalls on a per month
basis (Sinks/Willey)
Council accepted the COVID‐19 Fiscal Update.
Council recessed from 8:44 p.m. to 8:49 p.m.
2. Subject: Emergency Assistance Funds for Tenants at Risk of Eviction due to Impacts of
the Novel Coronavirus (COVID‐19) continued
Recommended Action: 1. Adopt Resolution No. 20‐040 Contributing $50,000 in
Emergency Assistance Funds to West Valley Community Services and $100,000 in
Emergency Assistance Loan Funds to Meriwest Credit Union for Tenants at Risk of
Eviction Due to Impacts of the Novel Coronavirus (COVID‐19)
2. Approve a $50,000 contribution [Below Market Rate (BMR) Affordable Housing
Funds (AHF) or General Fund Human Services Grant (HSG) funds] to West Valley
Community Services (WVCS) for emergency assistance funds to assist tenants at risk of
eviction due to impacts of COVID‐19
3. Authorize the City Manager to negotiate and execute an agreement with WVCS.
4. Approve a $100,000 contribution [Below Market Rate (BMR) Affordable Housing
Funds (AHF) or General Fund Human Services Grant (HSG) funds] to Meriwest Credit
Union for the Renter’s Assistance Low Interest Loan Program to assist tenants at risk of
eviction due to impacts of COVID‐19
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5. Authorize the City Manager to negotiate and execute a $100,000 contract with
Meriwest Credit Union
6. Receive presentation from Earnin
Written Communications for this item included presentations from Meriwest Credit
Union and Earnin, and emails to Council.
Housing Manager Kerri Heusler reviewed the staff report.
Meriwest Credit Union representative Danielle De La Torre gave a presentation.
Earnin CEO and Founder Ram Palaniappan gave a presentation. He explained that their
company has an app that allows members to track their earnings and to get access to
their pay as they earn it, instead of waiting for a paycheck.
West Valley Community Services Executive Director Josh Selo provided an update on
rental assistance requests and answered questions from Council.
Councilmembers asked questions and made comments.
Mayor Scharf opened public comment and the following people spoke.
Housing Commissioner Connie Cunningham (representing self), spoke in support of the
staff recommendation. She asked about Meriwest’s loan requirements regarding
Individual Taxpayer Identification Numbers (ITINs), the standard late fee amounts, and
consideration for the Shelter in Place extension.
Mayor Scharf closed public comment.
Paul moved to:
1. Adopt Resolution No. 20‐040 contributing $100,000 in emergency assistance funds to
West Valley Community Services (WVCS), $100,000 in emergency assistance loan
funds to Meriwest Credit Union for tenants in Cupertino at risk of eviction due to
impacts of the Novel Coronavirus (COVID‐19) and $100,000 in emergency assistance
non‐recourse advance funds to Earnin for tenants in Cupertino at risk of eviction due
to impacts of the Novel Coronavirus (COVID‐19); and
2. Approve a $100,000 contribution from Below Market Rate (BMR) Affordable
Housing Funds (AHF) or, if available, General Fund Human Services Grant (HSG) to
West Valley Community Services (WVCS) for emergency assistance funds to assist
tenants in Cupertino at risk of eviction due to impacts of COVID‐19 with a 7.5%
administration service fee; and
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3. Authorize the City Manager to negotiate and execute an agreement with West Valley
Community Services (WVCS); and
4. Approve a $100,000 contribution from Below Market Rate (BMR) Affordable
Housing Funds (AHF) or, if available, General Fund Human Services Grant (HSG)
funds to Meriwest Credit Union for a renter’s assistance low‐interest loan program to
assist tenants at risk of eviction due to impacts of COVID‐19; and
5. Authorize the City Manager to negotiate and execute a $100,000 contract with
Meriwest Credit Union; and
6. Approve a $100,000 contribution from Below Market Rate (BMR) Affordable
Housing Funds (AHF) or, if available, General Fund Human Services Grant Funds
(HSG) to Earnin for a no‐interest and no fee non‐recourse advance renter’s assistance
program to assist tenants at risk of eviction due to impacts of COVID‐19; and
7. Authorize the City Manager to negotiate and execute a $100,000 contract with
Earnin.
Chao made a friendly amendment to add a condition to contribute $100,000 in
emergency assistance funds to West Valley Community Services (WVCS), to allocate
$50,000 now for WVCS, and to authorize the City Manager to increase the amount up to
$100,000, provided the other West Valley cities match the amount proportional to their
population. The friendly amendment was not considered for lack of a second.
Sinks made a substitute motion to allocate $150,000 to Meriwest Credit Union and to
drop or substantially reduce the credit requirement, and wait for federal Community
Development Block Grant (CDBG) funds for West Valley Community Services (WVCS).
The substitute motion was not considered for lack of a second.
Scharf made a third motion and Sinks seconded to allocate $100,000 to Meriwest Credit
Union and $50,000 to West Valley Community Services (WVCS) from the available
federal Community Development Block Grant (CDBG) funds.
Paul made a friendly amendment to the third motion to allocate $50,000 for an Earnin
program, in addition to the $100,000 to Meriwest Credit Union and $50,000 for West
Valley Community Services (WVCS), and to monitor and revisit in one month to see if
further allocation is warranted (Sinks did not accept the friendly amendment).
Scharf withdrew his third motion and made a new motion seconded by Willey to
allocate $100,000 to the Meriwest Credit Union loan program, a $50,000 grant to West
Valley Community Services (WVCS), and $50,000 for a trial of the Earnin program and
authorize the City Manager to make a selection between the Below Market Rate (BMR)
Affordable Housing Funds (AHF) or General Fund Human Services Grant (HSG) funds
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for the three different funding sources.
Chao made a friendly amendment (seconded by Scharf) to authorize the City Manager
to further negotiate minimal late fees for the Meriwest Credit Union loan program.
In summary, the motion was to Adopt Resolution No. 20‐040 to (1) Allocate $100,000 to
the Meriwest Credit Union loan program; (2) Give a $50,000 grant to West Valley
Community Services (WVCS); (3) Give $50,000 for a trial of the Earnin program; (4)
Authorize the City Manager to make a selection between the Below Market Rate (BMR)
Affordable Housing Funds (AHF) or General Fund Human Services Grant (HSG) funds
for the three different funding sources; and (5) Authorize the City Manager to further
negotiate minimal late fees for the Meriwest Credit Union loan program. (Sinks voting
no).
ADJOURNMENT
At 10:54 p.m., Mayor Scharf adjourned the meeting.
_____________________________
Kirsten Squarcia, City Clerk