Loading...
LRC 07-24-2020 (Special)Legislative Review Committee Approved Minutes July 24, 2020 CITY OF CUPERTINO APPROVED MINUTES LEGISLATIVE REVIEW COMMITTEE This will be a teleconference meeting without a physical location Friday, July 24, 2020 8:00 AM SPECIAL MEETING ROLL CALL The meeting was called to order at 8:01 a.m. Present: Mayor Scharf, Councilmember Chao, City Manager Deborah Feng, Assistant to the City Manager Katy Nomura, Townsend Public Affairs (TPA) APPROVAL OF MINUTES 1. Subject: Approve the June 22nd Legislative Review Committee Minutes Recommended Action: Approve the June 22nd Legislative Review Committee minutes The Mayor motioned to approve the June 22nd Legislative Review Committee minutes. Councilmember Chao seconds. The motion carries unanimously. POSTPONEMENTS None ORAL COMMUNICATIONS Jennifer Griffin is concerned about the short legislative session. PUBLIC COMMENT (including comments on all agenda items) This item was not conducted as the Chair decided to take public comments on agenda items when the agenda items were discussed. AGENDA REVIEW This item was not conducted ACTION ITEMS 2. Subject: Legislative Update Recommended Action: Receive legislative update and provide any input Legislative Review Committee Approved Minutes July 24, 2020 TPA explains that the legislature has been on summer recess. They aimed to return by July 14th but, unfortunately, two members of the Assembly tested positive for COVID-19, which has caused an extension of the recess. Both houses are now expected to return on Monday July 27th. As a result, there will be a very compacted legislative calendar for the remainder of session because the constitution states that session has to adjourn by August 31st. There are still about 740 bills that are pending in both houses. There will be many bills that will not receive hearings and the process will remain normal it will just be very compacted. There will also most likely be a handful of budget trailer bills. The state has received about a billion dollars more in income tax revenue than they expected. Federally, there will be a debate in a couple of weeks where Congress will hopefully approve phase 4 of the Coronavirus Response Act. The republican proposal does not include new funds for local entities, but it does mention flexibility for already allocated funds from the prior phases. Public Comment: None The Mayor asks if SB 902 is likely to pass during this legislative session. TPA predicts that all of the Senate housing bills are likely to pass within the next two weeks, depending of whether or not amendments are made. TPA explains that the Senate housing bills are generally more conservative than past housing legislation, so they are likely to pass in the Assembly. The Assembly housing bills, such as AB 725 and AB 1279, are a bit more aggressive and are not as likely to pass in the Senate. Jim Beall’s SB 795, which is a replacement for last year’s SB 5, is not likely to pass out of the Appropriations Committee, but if it does it will most likely get vetoed by the Governor, since it costs $2 billion a year to fund. TPA expects to not see many gut-and-amend bills due to the shortened legislative session. There will most likely be some gut and amended budget trailer bills. TPA has not seen any gut and amend housing related bills besides AB 1063, which will be discussed later today. In terms of police reform bills, there is AB 1196, which will limit the use of carotid holds and SB 731, which will set up a process by which the state could decertify officers found guilty of crimes. This bill is expected to be controversial because California is one of the few states that does not have the ability to remove an officer’s badge for crimes and serious misconduct. AB 2054 is a pilot grant program through CalOES that would fund community organizations to provide non-law enforcement responses to immediate Legislative Review Committee Approved Minutes July 24, 2020 emergency situations in vulnerable populations. TPA also mentions that ACA 5 was placed on the ballot, which is related to affirmative action. 3. Subject: Update on positions taken by the League of California Cities (League) and the Cities Association of Santa Clara County (CASCC) Recommended Action: Receive update on positions taken by the League and CASCC and provide input The League has had a watch position on most of those but have now adopted new positions. Notably, they have taken a support if amended position on SB 1085. They also have not taken an oppose position on any of the other main housing bills. Public Comment: Kitty Moore talks about nix-the-nine, relating to the 9 housing bills, which includes SB 1085. The Mayor mentions that the League has not taken a position on Proposition 15, the split roll initiative. 4. Subject: Consider adopting a position on Assembly Bill 1063 (Petrie-Norris) Planning and Zoning Law: Adequate Site Substitutes Recommended Action: Adopt a support position on AB 1063 and authorize the Mayor to send letters to the state legislature TPA explains that this is a new bill that was gutted and amended at the end of June. The author explains that this bill is in response to ongoing conversations that she has had with cities within her district. This bill is trying to provide flexibility and relief for cities by allowing ADU’s to count as affordable units for RHNA. It increases the current 25% cap to 50% for local governments to count rehab and conversion projects towards their RHNA figures. This bill provides clear objective standards and has provisions for jurisdictions with voter approved growth measures. This bill also provides a process for submission of draft housing elements to HCD. This bill has not been heard in a committee yet. Public Comment: Kitty Moore wonders if ADU’s currently qualify as moderate units. TPA explains that currently, there is an ability to count some ADU’s as moderate units, but this bill clarifies that some ADU’s can count for low or extremely low-income units. Legislative Review Committee Approved Minutes July 24, 2020 Jennifer Griffin mentions that YIMBY’s are upset about this bill. TPA explains that this bill will go to the Senate Housing Committee and if it passes, it will most likely be an amended version of this. Councilmember Chao mentioned that it is great to see Senator Petrie-Norris respond to the input from cities. Action Taken: The Mayor made a motion to adopt a support position on AB 1063 and authorize the Mayor to send letters to the state legislature. Councilmember Chao seconds. The motion carries unanimously. 5. Subject: Consider adopting a position on Senate Bill 1049 (Glazer) Cities and counties: Short-Term Rentals Recommended Action: Adopt a support position on SB 1049 and authorize the Mayor to send letters to the state legislature TPA explains that this bill would allow cities to impose a fine of up to $5,000 for each violation of a local short-term rental ordinance. Currently, the maximum fine is limited to $1,000 per violation. This bill also states that a first violation would result in a fine not exceeding $1,500; a $3,000 fine would be imposed for a second violation of the same ordinance within one year; and a fine not exceeding $5,000 would be imposed for each additional violation of the same ordinance within one year. This bill provides more flexibility to cities to enforce local short-term rental ordinance and the fees are optional for cities, not mandatory. This bill passed out of the Senate at the end of June. This bill applies to any short-term rental that is rented for less than 30 days, regardless of how it is advertised. Public Comment: Jennifer Griffin believes this is an excellent bill and it gives cities more control. Kitty Moore asks about the current short-term rental policies in the City. Action Taken: The Mayor makes a motion to adopt a support position on SB 1049 and authorize the Mayor to send letters to the state legislature. Councilmember Chao seconds. The motion carries unanimously. FUTURE AGENDA SETTING At the next meeting, the LRC will discuss the remaining nix-the-9 bills that have not yet been considered. The next meeting is scheduled for August 10, 2020 at 8:00 a.m. Legislative Review Committee Approved Minutes July 24, 2020 ADJOURNMENT The meeting was adjourned at 9:14 a.m.