LRC 9-17-21 (Special)Legislative Review Committee Approved Minutes September 17, 2021
CITY OF CUPERTINO
APPROVED MINUTES
LEGISLATIVE REVIEW COMMITTEE
Friday, September 17, 2021
11:00 AM
SPECIAL MEETING
ROLL CALL
The meeting was called to order at 11:04 p.m.
Present: Vice Mayor Chao, Councilmember Moore, Deputy City Manager Katy Nomura,
Townsend Public Affairs (TPA)
APPROVAL OF MINUTES
1.Subject: Consider approving the July 23, 2021 Legislative Review Committee minutes
Recommended Action: Approve the July 23, 2021 Legislative Review Committee
minutes
Vice Mayor Chao motioned to approve the July 23, 2021 Legislative Review Committee
minutes. Councilmember Moore seconded. The motion carried unanimously.
2.Subject: Consider approving the September 13, 2021 Legislative Review Committee
minutes
Recommended Action: Approve the September 13, 2021 Legislative Review Committee
minutes
Vice Mayor Chao motioned to approve the September 13, 2021 Legislative Review
Committee minutes. Councilmember Moore seconded. The motion carried
unanimously.
POSTPONEMENTS
This item was not conducted.
ORAL COMMUNICATIONS
Jennifer Griffin is concerned about the signing of SB 9 and SB 10.
PUBLIC COMMENT (including comments on all agenda items)
Jennifer Griffin is thankful to have the opportunity to speak on these issues.
Legislative Review Committee Approved Minutes September 17, 2021
AGENDA REVIEW
This item was not conducted.
ACTION ITEMS
3.Subject: Legislative Update
Recommended Action: Receive legislative update and provide any input
TPA explained that the legislative session ended on Friday, September 10. There was
lots of legislative activity during the two weeks prior to the end of session, and
ultimately there were about 700 bills sent to the Governor for his consideration. The
Governor has until October 10 to take action on those measure. He has acted on some
bills already and we anticipate that over the next two weeks he will consider a handful
of bills each day and in the last two weeks there will be about 50-70 bills that he
considers each day. Any bill that did not make it through the legislative session will be
eligible for consideration next year. The legislature will convene on January 3 and some
of the bills will need to move out of their house of origin by the end of January.
AB 361 was signed by the Governor on September 15 with an urgency clause, which
means that the provisions in this bill became effective immediately. This bill will
essentially take the place of the previous executive orders related to the Brown Act that
allow public agencies to hold public meetings with teleconference options. AB 361
provisions will sunset in 2024, and are also dependent on a statewide declaration of
emergency being in place.
SB 792, related to sales tax reporting for companies that make more than $50 million in
online sales, has moved through the legislation and is now in the Governor’s Office for
his consideration. The City opposed this measure at the June 1 Council meeting.
There were bills related to police reform that also moved forward to the Governor’s
Office, particularly SB 2, which creates a process for decertification of law enforcement
officers for certain crimes or forms of misconduct. It also sets up a state review
committee to review those officers that would be potentially reviewed for suspension.
This bill was amended at the end of session to address some concerns from law
enforcement and is now awaiting the Governors consideration.
AB 988, would have established a 988 mental health crisis hotline phone number. This
bill did not move forward, but the Governor made an announcement that he will shift
funding around to provide $20 million to establish the 988 hotlines by July 1, 2022.
On September 16, the Governor announced that he signed the following housing bills
into law: SB 8, SB 9, SB 10, and AB 1174. TPA, along with City staff, drafted a veto letter
Legislative Review Committee Approved Minutes September 17, 2021
for AB 1174 and spoke with the Governor’s Office about the affordability impacts that
this bill would have on Cupertino.
Another housing bill that has passed to the Governor’s Office, but has not been
considered yet, is AB 215. This bill was amended towards the end of session, most
notably it removed the midcycle RHNA evaluation, which is a positive change, but there
are still a number of provisions that the LRC opposes related to statute of limitations
and outside counsel. These changes will be reflected in the letter to the Governor
requesting a veto.
AB 1401, which would have prevented local governments from imposing parking
requirements, and AB 989, which would have established the office of housing appeals
in HCD, have not moved forward this year, but could be considered next year.
Tuesday, September 14, was the recall election and the numbers have indicated that the
recall attempt has failed. The election will be certified at the end of October by the
Secretary of State. The primary election will be in 2022 so we can expect to see
campaigning begin in early next year.
The California State Auditor released a report in August that shows the impact of
revenues in California cities due to COVID-19. Interestingly, the findings show that of
all California cities only the City of Yountville was predicted to have a budget deficit
due to COVID-19.
The LRC asked about environmental bills that have passed on to the Governor’s Office.
TPA explained that AB 619, which relates to the SB 1383 implementation process, did
pass on for the Governor’s consideration.
Public Comment:
Jennifer Griffin is very concerned about the bills that have moved forward for the
Governor’s consideration.
4.Subject: Update on positions taken by the League of California Cities (League), the
American Planning Association (APA), and the Cities Association of Santa Clara
County (CASCC)
Recommended Action: Receive update on positions taken by the League, APA, and
CASCC and provide any input
The bill positions for all organizations are included in the attached Matrix.
Public Comment:
Legislative Review Committee Approved Minutes September 17, 2021
Jennifer Griffin expresses that this is a regional issue.
5.Subject: Debrief on the Legislative Day on August 18, 2021
Recommended Action: Provide a debrief on the Legislative Day on August 18, 2021
Councilmember Moore explains that on August 18, she met with Assemblymember
Berman’s office, Assemblymember Aguiar-Curry’s office, and Assemblymember Low’s
office. Throughout her meetings she discussed SB 792, SB 9, and SB 10 and the potential
impacts they could have on Cupertino. She also mentioned that she was asked about SB
35 and what she would change about it. She explained that in her opinion there are
issues in peoples understanding of California government code 65962.5, the 2/3
requirements, and environmental issues. Vice Mayor Chao met with Senator McGuire’s
Office and Senator Cortese’s Office. She also discussed possible improvements to SB 35,
as well as SB 792, SB 9, and SB 10.
Public Comment:
Jennifer Griffin is pleased with the City’s efforts to meet with state legislators.
6.Subject: Discuss Special City Council Meeting with Local Legislators
Recommended Action: Discuss and provide input on Special City Council Meeting
with Local Legislators
Deputy City Manager, Katy Nomura, explains that this meeting will provide an
opportunity for Council to directly interface with our legislators to talk about the end
of the legislative session, to discuss the City’s legislative priorities, and to hear from the
legislators about their priorities and ideas for next year.
The LRC discussed various ideas and plans to strategize a positive outcome from this
meeting. This meeting is scheduled to be around the end of October.
Public Comment:
Jennifer Griffin would like to ask the legislators about how they plan to deal with the
consequences of SB 9 and SB 10.
7.Subject: Discuss Town Hall on Legislative Process
Recommended Action: Discuss and provide input on Town Hall on Legislative Process
Deputy City Manager, Katy Nomura, explains that this meeting will provide an
interactive and informative opportunity for residents to learn more about the legislative
process. This meeting will be an LRC special meeting in order to allow both LRC
members to attend and participate in the meeting. The meeting will provide an in-depth
Legislative Review Committee Approved Minutes September 17, 2021
review of the legislative process, information about where and how residents can
engage, information about how the City engages, and the legislative priorities.
Councilmember Moore would like this meeting to include information on the different
types of positions that can be taken on a bill and the nuances between each of them. Vice
Mayor Chao would like this meeting to include information on the role of the League
and on using an example of how a bill becomes a bill.
Public Comment:
Jennifer Griffin believes this event is a good idea in order to educate the public.
FUTURE AGENDA SETTING
The upcoming special City Council meeting with legislators and the townhall will be
discussed further at the next meeting. The next LRC meeting is scheduled for October 8th
at 11:00 a.m.
ADJOURNMENT
The meeting was adjourned at 1:14 p.m.