LRC 7-23-21 (Special)Legislative Review Committee Approved Minutes July 23, 2021
CITY OF CUPERTINO
APPROVED MINUTES
LEGISLATIVE REVIEW COMMITTEE
Friday, July 23, 2021
3:00 PM
SPECIAL MEETING
ROLL CALL
The meeting was called to order at 3:02 p.m.
Present: Vice Mayor Chao, Councilmember Moore, Interim City Manager Greg Larson,
Assistant to the City Manager Katy Nomura, Townsend Public Affairs (TPA)
APPROVAL OF MINUTES
1.Subject: Consider approving the June 18, 2021 Legislative Review Committee minutes
Recommended Action: Approve the June 18, 2021 Legislative Review Committee
minutes
Councilmember Moore motioned to approve the June 18, 2021 Legislative Review
Committee minutes. Vice Mayor Chao seconded. The motion carried unanimously.
POSTPONEMENTS
This item was not conducted.
ORAL COMMUNICATIONS
Jennifer Griffin is concerned about the placement of boards and RHNA data.
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 23, 2021
TPA explained that the legislature is currently in their summer recess and are set to
return on August 16th. There is work being done behind the scenes by staff and
committees preparing for the end of session. Once the legislators return there is a quick
4-week turn around time to finalize all bills by September 10th.
The legislature and the Governor were able to agree on a completed budget as of now,
so the budget is basically complete. We do expect to have more budget trailer bills that
the legislature will consider at the end of session. This budget has $75 billion of general
fund surplus in addition to the $27 billion coming from the federal government
American Rescue Plan funding. This money will be going to homelessness, local
governments, and broadband services that will be administered by new grant programs.
The legislature also made modifications to the eviction moratorium to provide 100% of
rental arrearages. In education, community colleges and schools throughout the state
have to provide plans before bringing their students back for the next school year.
Public Comment:
Jennifer Griffin asked about the status of SB 9 and SB 10
TPA explains that SB 9 will most likely not fail, but it could be held in the
Appropriations Committee. SB 10 does not have a fiscal component to the state, so this
bill is currently on the Assembly floor and is eligible to be considered at any floor
session.
Councilmember Moore asked for an update on AB 1401. TPA explained that this bill was
approved by the Housing Committee as well as the governance and finance committee
after it was amended to only apply to local governments that are in counties with a
population of 600,000 or more.
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 any input
TPA explains that the organizations are currently modifying existing positions based
on amendments that have happened as part of the committee process. The League
recently considered ACA 7 and they took a watch position. Since it is a constitutional
amendment it does not have the same timeline as other bills do. If they want to place
this on next year’s ballot they would have to get it on there by February of next year.
Public Comment:
Jennifer Griffin asked about the process of constitutional amendments.
Legislative Review Committee Approved Minutes July 23, 2021
TPA explains that constitutional amendments are not subject to the same deadlines as
assembly bills and senate bills. These bills cannot be considered when the legislature is
out on session and still need to be taken up within the legislative session timeline.
4.Subject: Consider adopting a position on AB 215 (Chiu) Housing Element: regional
housing need: relative progress determination
Recommended Action: Adopt an oppose position on AB 215 and authorize the Mayor
to send letters to the state legislature
TPA explains that there have been significant amendments to this bill after the
summary report was finalized. In particular, the part of the bill that removes the
provisions that a jurisdiction would need to obtain a pro-housing designation, was
removed. Another amendment specified that mid-cycle consultations would be
required for jurisdictions whose RHNA progress is less than half of the relative
progress for the median jurisdiction within the region.
Councilmember Moore asked if the recommended action for this bill should change
based on the new amendments. TPA explains that there were four major points which
explain why they recommend an oppose position and the first two bullet points were
somewhat addressed and if we were only basing the opposition on that then we would
maybe move to a watch position. However, the bill still undermines local control and
does not allow for public comment on the housing elements, so it is still recommended
to oppose this bill.
Public Comment:
Jennifer Griffin expressed her opposition to this bill
Action Taken:
Councilmember Moore motioned to take an oppose position on AB 215 and authorize
the Mayor to send letters to the state legislature. Vice Mayor Chao seconded, and the
motion carried unanimously.
5.Subject: Consider adopting a position on AB 816 (Chiu) State and local agencies:
homelessness plan: Housing Trust Fund: housing projects
Recommended Action: Adopt an oppose position on AB 816 and authorize the Mayor
to send letters to the state legislature
TPA explained that this bill was significantly amended and now the bill only deals
with funds that come to the state through the federal housing trust fund and would
authorize HCD to prioritize funding for projects that serve people experiencing
homelessness. The provisions in the bill that would have warranted an oppose position
have been stricken, along with 80% of the original bill. TPA recommended taking a
Legislative Review Committee Approved Minutes July 23, 2021
watch position on this bill and will review it once the legislature returns from session.
If it is amended to include a revised version of the amendments then the LRC can
consider this bill again at a future meeting.
Public Comment:
Jennifer Griffin is concerned that this bill is for micromanaging local cities and is
concerned that this bill might be gut and amended.
TPA explained that all bills have to be in print at least 72 hrs. before they get voted on,
any amendments would restart the 72 hr. timeline.
Action Taken:
Councilmember Moore motioned to take a watch position on AB 816. Vice Mayor
Chao seconded, and the motion carried unanimously.
6.Subject: Consider adopting a position on SB 52 (Dodd) State of Emergency: Local
Emergency: Sudden and Severe Energy Shortage: Planned Power Outage
Recommended Action: Adopt a support position on SB 52 and authorize the Mayor to
send letters to the state legislature
TPA explained that this bill defines a deenergization event as a planned power outage
event. This enables that event as a condition for constituting a local emergency. This
allows local jurisdictions to claim reimbursements and to work with emergency
assistant organizations. This bill has been moving through the process without any
opposition and is publicly supported by the League and other environmental
organizations.
Public Comment:
Jennifer Griffin expressed that this bill could make it easier for cities to recover their
losses in the case of an emergency
Action Taken:
Vice Mayor Chao motioned to take a support position on SB 52 and authorize the
Mayor to send letters to the state legislature. Councilmember Moore seconded, and the
motion carried unanimously.
7.Subject: Consider adopting a position on SB 99 (Dodd) Community Energy Resilience
Act of 2021
Recommended Action: Adopt a support position on SB 99 and authorize the Mayor to
send letters to the state legislature
Legislative Review Committee Approved Minutes July 23, 2021
TPA explained that this measure would direct the California Energy Commission (CEC)
to develop and implement a grant and technical assistance program to help local
governments develop plans and projects to help reduce adverse impacts from power
interruptions. This bill requires the CEC to take a number of steps to develop those
plans. This has moved through the Senate with broad support and is now in the
Appropriations Committee. There is no official opposition to this bill. This bill, if passed,
will be worked into a budget trailer bill.
Public Comment:
Jennifer Griffin expressed her support for this bill.
Councilmember Moore asked if this is for only low income communities. TPA explained
that the bill is not exclusively limited to disadvantaged communities
Action Taken:
Vice Mayor Chao motioned to take a support position on SB 99 and authorize the
Mayor to send letters to the state legislature. Councilmember Moore seconded, and the
motion carried unanimously.
8.Subject: Discuss Town Hall on Legislative Process
Recommended Action: Discuss and provide input on Town Hall on Legislative Process
TPA is scheduled to make a presentation on how to engage in the legislative process at
the August 17 Council Meeting. In addition, the future Town Hall will be another
opportunity to educate the community on the legislative process. Vice Mayor Chao
wondered if it would be best to schedule this in October or November once the
legislative session is over. In addition, the LRC discussed possibly having a special
Council meeting where legislators can come and discuss their positions. Staff will
consider possible dates.
FUTURE AGENDA SETTING
The Legislative Day is tentatively scheduled for August 18th. The next LRC meeting is
scheduled for September 17th at 11:00 a.m.
ADJOURNMENT
The meeting was adjourned at 5:30 p.m.