HomeMy WebLinkAboutLRC 08-17-2026 Youtube and Zoom TranscriptWEBVTT
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Conference Room A: All right, we call this meeting to order.
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Conference Room A: Yep, we're calling the…
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Conference Room A: August 17th, LRC Meeting officially to order, and of
course, I'll pass it back to you, to any folks, in the public wishing to
comment. Phil, we need to start with roll call. Oh, let's do roll call.
Good idea. So, roll call. Vice Chair Chao? Here. Chair Wong? Here.
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Conference Room A: Okay.
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Conference Room A: And then after the approval of minutes. Okay.
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Conference Room A: Have you looked at the minutes? Any comments?
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Conference Room A: Oh, no.
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Conference Room A: So, so moved.
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Conference Room A: Okay, motion to approve the minutes. We have a second.
I will second.
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Conference Room A: Vice Chair Town?
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Conference Room A: Aye. Aye. Motion carries unanimously.
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Conference Room A: All right, let's go to oral communications. Do we have
any members of the public wishing to speak? We have no speakers, Chair.
Okay, no speakers. No business, let's move to new business. Item 2,
Legislative Update.
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Conference Room A: Let's take a look at that.
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Conference Room A: As long as Tim.
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Conference Room A: Great. Thank you. I will pass it on to Jason and Paul,
who are joining us here tonight, to provide an update on where we are in
the session, an update on where we are on our bills that we've taken
positions on, so, pass it on… take it away, Jason!
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Jason Gonsalves: Well, thank you, Astrid, and good afternoon.
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Jason Gonsalves: I'll start with the good news. The legislature and the
Legislative Session is winding down. As you likely know, they reconvened
August 3rd for the final month. August 31st is sine die, and
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Jason Gonsalves: which means midnight on August 31st, they… all bills
have to… ordinary session bills have to pass, otherwise they have failed,
and, since we're in the second year of a two-year session, they are
constitutionally
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Jason Gonsalves: dead. They can't carry over like last session, where
bills on the odd years can carry into the following legislative session,
is the point. The Legislature, again, August 3rd, they came back from
summer recess with 1,632 bills pending.
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Jason Gonsalves: The deadline was last Friday, which they took up the
suspense calendars in the appropriations Committees.
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Jason Gonsalves: 609 of those 1,600 bills were held on suspense due to
fiscal, anticipated costs, obviously the state's budget, challenges.
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Jason Gonsalves: being considered, and that leaves us with 1,023 bills
now in the Assembly and Senate on… in their… each respective House.
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Jason Gonsalves: two weeks to today, two weeks from today, to pass. So
the legislature will be moving, rather quickly over the next two weeks as
they approach that constitutional deadline I mentioned, August 31st.
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Jason Gonsalves: In addition to the thousand-plus bills, there's a few
key, high-level items. I just want to note. The Climate Fund.
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Jason Gonsalves: cap and invest, cap and spend, cap and trade, whatever
we want to call it. They don't want to cap it, and how they spend the
money is still yet to be determined. It's been a carryover item, since
the June budget negotiations, and it's one that the governor and Speaker
and Pro Tem
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Jason Gonsalves: Have not reached a final, decision on.
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Jason Gonsalves: One other issue that's getting quite a bit of attention,
the governor's proposed, or not proposed, or ever-changing wildfire
resiliency plan.
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Jason Gonsalves: The governor's looking to address wildfire risk. The big
question is, how much does that…
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Jason Gonsalves: allow the investor-owned utilities, most notably, at
least within the public, PG&E, and how much is PG&E off the hook?
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Jason Gonsalves: Right now, there's wildfire proposals that are being
guesstimated as could increase, homeowners insurance by $1,000 on
average, particularly for rural communities, per
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Jason Gonsalves: policy. So, the insurance industry is, is…
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Jason Gonsalves: actively engaged and opposing, the governor's
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Jason Gonsalves: I'll call it tempid plan, because it's really not…
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Jason Gonsalves: moving at this point, it's just bits and pieces kind of
being aired. And then the last piece that's also taking a lot of the
airspace, and that is the counties, most notably Los Angeles County, is
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Jason Gonsalves: Working to try to, obtain some type of statutory
protection to
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Jason Gonsalves: protect counties, stave off bankruptcy, I'll call it,
from… and put limits on lawsuits, particularly
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Jason Gonsalves: lawsuits that pertain to county employees, corrections,
et cetera, from child abuse and school district, abuse. So, as you likely
know, there was a youth facility.
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Jason Gonsalves: In LA County that has had some several billion dollar
settlements, and that was for a fraction of the plaintiffs, with still
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Jason Gonsalves: a couple thousand plaintiffs yet to settle, and
obviously the multi-billion dollar settlements are a concern for LA
County and other counties throughout the state, so…
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Jason Gonsalves: With that, the one other kind of key bill I would
highlight, AB 1751, the townhome.
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Jason Gonsalves: ownership opportunity for everyone, I guess we'll call
it. That bill did move off of suspense, and it's one of the
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Jason Gonsalves: The few bills that the city has taken a position on that
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Jason Gonsalves: We will continue to oppose. It's on the Senate floor. It
will have to go from the Senate floor back to the Assembly for
concurrence, but, it's a… it's a bill that we're actively engaged on,
opposing, and…
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Jason Gonsalves: And… but it does continue to move under the… buy right.
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Jason Gonsalves: trend we're seeing in Sacramento. So I'll stop there,
happy to answer any questions, and look forward to
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Jason Gonsalves: The other remaining items in the agenda.
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Conference Room A: Any questions? I was just gonna say, Jason, if you
could also provide a quick update on what happens after August 31st.
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Jason Gonsalves: Oh, yep, minor detail. Thank you, Astrid.
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Jason Gonsalves: When the legislature passes the thousand plus or minus
bills, Governor Newsom, rather than the typical signing deadline of a
week, Governor Newsom has 10 days, typically, he has 30 days, so
September 30th will be the deadline for the governor to take action on
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Jason Gonsalves: The slew of bills, and it'll be…
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Jason Gonsalves: 800 to 1,000 of them… well, it'll be 900 to 1,000 of
the…
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Jason Gonsalves: thousand plus remaining. So, the governor's…
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Jason Gonsalves: September will be quite busy amongst his travel plans
and other things.
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Conference Room A: Great, thank you, Jason. And I also wanted to add,
just attached to the agenda.
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Conference Room A: We have the bill tracking list, which is a list of
bills that the city is currently tracking, and we also added, the second
attachment, which is the list of positions from YIMBY, Cal Cities, and
then, thanks to Gonsalves' team, we added the Contract Cities Association
list, so those are all on one attachment to your agenda.
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Conference Room A: I did see that, thank you.
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Conference Room A: I think the question for me, just as a general trend,
are we seeing a shift in terms of legislators' view on housing, or is it
still the same, let's build everything at all costs and support the real
estate lobby? Or is there any kind of local control sense of
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Conference Room A: Like, movement back to saying, hey, we gotta give
these cities back some of their control.
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Jason Gonsalves: Unfortunately, Councilmember Wong, I wish the answer was
more of the latter, and there was a heightened sensitivity towards local
control.
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Jason Gonsalves: I use the poor analogy that housing is like heaven, we
all want to go, we just don't want to die. They all want housing, and at
what cost seems to be the overarching question. There's starting to be
some
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Jason Gonsalves: Movement towards some level of local control, but it's
moving from zero to maybe 50%.
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Jason Gonsalves: And what I mean by that is we've seen an onslaught of 30
plus or minus housing bills each year. This session's no different. You
know, initially it was ADUs, and now it's townhomes, and
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Jason Gonsalves: You know, it's… it's… everything… Moves towards buy
right.
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Jason Gonsalves: And the short answer is, we're starting to see, because
of locals and the pushback, we're starting to see some movement in our
direction, but they have a long ways to go. And the only other tidbit I
would note is.
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Jason Gonsalves: after November elections, we will see about 25% turnover
in the legislature, about 30 new members, which could create an
opportunity, but lots of education still remaining.
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Conference Room A: Okay, good to know, thank you.
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Jason Gonsalves: Thank you.
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Conference Room A: Any other questions?
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Conference Room A: Okay, appreciate the update, you're good. Let's move
to item number 3. Oh, public comment. Oh, and move for public comment.
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Conference Room A: We have no speakers. No one online either? We have,
let me see… nobody's online right now. No one online? Alright, good to
know. Alright, keep us posted.
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Conference Room A: All right, let's move to item number 3! Consider
adopting an oppose position unless… oppose unless amended position on
AB1976. This is Buffy's Wix Street and Highways Pedestrian and Bicycle
Facilities.
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Conference Room A: Act, recommendation… recommended action, adopted and
opposed unless amended position on AB1976, and authorize the mayor to
send letters to the state legislature.
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Conference Room A: Let's go through the report.
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Conference Room A: Yeah, I'll pass it on to Jason to provide a brief
overview of what the bill does and why we're recommending this position.
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Conference Room A: Go ahead, Jason.
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Jason Gonsalves: The bill seeks to streamline the implementation of
transportation projects once they've gone through and they're in your
transportation plans, and they've reached what they consider 90% design
and construction has been authorized.
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Jason Gonsalves: Cal Cities is opposed unless amended, so the recommended
position would be consistent with other cities throughout the state. But
really, the amendment that we would be requesting in alignment with Cal
Cities is to allow local elected officials to revisit the
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Jason Gonsalves: projects, should there be community concerns, responses,
or any changes to development, in essence, around the previously designed
or approved projects? So, to allow the ability
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Jason Gonsalves: for, the Mayor and Council to respond to your
constituents' concerns on a project-by-project basis.
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Jason Gonsalves: And that's… that's really… it's a…
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Jason Gonsalves: You know, don't box us in on a project that's been
approved, even though the dynamics around that project could have
changed.
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Conference Room A: Has there been provisions, to go back to level of
service, for drivers? Given that a lot of these, like, 80-90% of the
traffic is still vehicular traffic, and that we are impacting
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Conference Room A: a good amount of their time. So we've put people into
traffic more… longer than they have to be, for the usage, and given the
usage that's there. So is anyone asking for any level of service standard
as to any impact?
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Conference Room A: to be considered in these ATPs?
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Jason Gonsalves: That hasn't been part of the…
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Jason Gonsalves: debate, it's probably a val- it's not probably, it's a
very valid point. What's really kind of…
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Jason Gonsalves: Driving a lot of this is the…
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Jason Gonsalves: perception, and I think wrong… wrongfully so, that
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Jason Gonsalves: locals don't have enough bike and pedestrian lanes
because the mayors and council members aren't approving them as they
should have, or as they had previously been designed. And then the
constant attention and ever-growing attention on e-bikes has really been
kind of the drive for the need for these.
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Jason Gonsalves: these lanes, but you're absolutely right. If people
aren't out of cars, then the more congestion you have on the highway, the
more the cyclists are at risk.
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Conference Room A: I'm worried about that from both an environmental
aspect, given the amount of
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Conference Room A: idle time that you put the cars in, and the second
piece is it's actually impacting people's, like, lives. But that's all.
Okay, so there's nothing on the agenda that's listed that way. Nothing on
anyone's agenda that's asking for an amendment that would bring LOS back
to these calculations.
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Jason Gonsalves: Level of service? No, not at this point. It doesn't
preclude us from, you know, as part of our request for the amendment,
from including at least a statement on allowing locals to analyze level
of service, but…
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Jason Gonsalves: Currently, Cal Cities and others haven't been asking for
that thus far.
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Conference Room A: I mean, you ask 20 minutes on a… 20 minutes going
outbound and 20 minutes inbound on a commute, times the number of people
that are actually impacted, let's say it's even 10 minutes, times 50
weeks out of the year, or let's say 48 if you want to be a little bit
more precise, you get a very, very large number of time wasted by
everyone, so… and it's actually not helping anyone.
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Conference Room A: So… So, this is a very severe invasion of local
control authority.
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Conference Room A: Because even with a 90% design, there are often
multiple options, so are we not allowed to even consider different
options for a certain right turn, left turn? For example.
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Conference Room A: We had removed the right turn, even after the
implementation, staff find out it doesn't work, they restore the right
turn LAN. So now…
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Conference Room A: We are not allowed to do that.
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Jason Gonsalves: Under the proposed legislation, yes, if it was
previously approved, and 90% of the design had been completed, and staff
came back with new findings, you still would not be able to change it,
absent
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Jason Gonsalves: You know, the… Project proponents and others coming
together, but even at that, it's questionable as to
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Jason Gonsalves: You know, how many folks would have to sign off.
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Jason Gonsalves: The way I read it is, no, you would not be able to
change it.
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Conference Room A: Cannot change anything.
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Conference Room A: Even if the council did not approve the 90% design,
because often we approve the budget, we don't even see the 90% design.
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Conference Room A: So, we… even if the council did not approve the 90%
design, we cannot change it.
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Jason Gonsalves: No, if it was in your transportation plan, it would be
locked in if it was… had been previously
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Jason Gonsalves: I would think that Council would have had to approve it
at some point, but to answer the question, if it had previously been
approved, even at the staff level, as 90% approved, if you have a process
that allows for that absent Council approval, it would be locked in the
way I read the legislation.
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Conference Room A: What if the staff sees a need to modify and decide
they wouldn't?
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Conference Room A: Like, to change the 90% design.
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Jason Gonsalves: Yeah, I… there's limited circumstances in the bill, CEQA
and others, but
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Jason Gonsalves: just staff… a staff revision, I don't read the bill as
providing such, which is… which is precisely the amendment that
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Jason Gonsalves: Cal Cities and other local agencies, and our… and the
recommendation that you consider, the opposed unless the amendment allows
for community input, council input, staff input,
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Jason Gonsalves: That's… that's exactly where… The limited flexibility in
the current version of the bill is what's Host.
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Conference Room A: So, what if the council just removed the funding?
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Conference Room A: Even if you have the design, there is no funding. You
cannot…
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Conference Room A: Even get consultant to implement… implement it.
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Conference Room A: Our waiting is… Forced to lock in the funding?
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Conference Room A: You can counsel…
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Jason Gonsalves: you… you could… the way I would read the build.
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Jason Gonsalves: the project's still approved, but if there's no way to
pay for it, then the bill can't force you to pay it. I mean, that's a…
it's a great question, a great point. If… if the locals' hands get tied
as the statutes
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Jason Gonsalves: proposing… I think you're gonna find a lot of projects
that lose their funding rather quickly.
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Conference Room A: And then maybe the council decided to find a different
project.
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Conference Room A: That has better option. We can… are we allowed to just
start scratch?
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Conference Room A: Within…
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Conference Room A: Well, if the funding is from ATP, you have to cancel
it, and then relinquish funds and send a letter. That's how you do it.
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Conference Room A: So, at least that's what it looks like from other
cities.
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Conference Room A: So, once you have that, that's fine. I mean, you
basically say, well, we're not going to do this anymore, we're going to
return any of the unused funds, and then that's it, right? And you cancel
the funding from ATP directly. So you can do that, but if you start a new
project and you still have to get money from California's ATP program,
that's different. If it's your own…
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Conference Room A: then it's up to you, you do whatever you want. It's
the problem is, like, the state put a lot of money into the ATP funding,
and we all took these ATP funds, and now we end up with things we don't
want.
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Conference Room A: Or we think we don't want. Or we might have a change
in how we want. So…
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Conference Room A: Does that sound right?
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Jason Gonsalves: It absolutely does. And then, you know, I think the Vice
Mayor is pointing out some very key pieces that could be workarounds, or
even…
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Jason Gonsalves: I would say, mechanisms to protect your local authority,
but at the same time, the statute may be also setting you up for
potential legal challenges, you know, depending on the reaction to some
of those workarounds.
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Conference Room A: Maybe we would have to change our process to…
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Conference Room A: only provide provisional funding until the 90% design
is approved, then we actually… It's onward project. That's a good
workaround, you could do it.
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Jason Gonsalves: Great point.
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Conference Room A: could do it that way. I mean, that's actually pretty…
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Conference Room A: We'd have to start doing that.
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Conference Room A: Okay.
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Conference Room A: Any other discussion? No, and move to… Oh, could we go
to public comment? Sorry, guys. Oh, sorry. And that's move to public
comment? We have no speakers to share.
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Conference Room A: Okay.
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Conference Room A: All right, any other deliberations? You want to make a
motion?
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Conference Room A: Yeah, motion for the staff recommendation to oppose on
AP 1976. And authorize the mayor. Authorize the mayor to… I just want to
correct, it's an oppose unless amend position? No, just oppose.
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Conference Room A: Okay. I think, I don't think any amendment would be
worth it. This is, extreme, invasion of local authority. Okay, you have a
second from me?
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Conference Room A: Okay, Vice Chair Chow?
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Conference Room A: Okay, aye. Chair Wong? Aye. Motion carries in. Ms.
Lee? Okay, thank you.
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Conference Room A: All right, let's move to item number 4. Consider
adopting a support position on AB2037, Patterson Wildfire Mitigation
Aging and Disability Grant Pilot Program. The recommended action is to
adopt a support position on this. Let's go to the staff.
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Conference Room A: This one should be fairly quick, right, Jason, when
you have an update for us?
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Jason Gonsalves: This, this one will go quick.
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Jason Gonsalves: Unfortunately, while the bill was well-intended, it
sought to set up a grant program, for wildfire mitigation, given the
state's budgetary constraints, and the fact that the bill was contingent
upon
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Jason Gonsalves: funding in subsequent budget years. The bill failed
passage in the Senate Appropriations Committee, so it is dead.
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Jason Gonsalves: As we often say, the bill's dead, the author isn't, so
we may see it come back come January, but at this point, there's no need
for a position. The bill's no longer moving.
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Conference Room A: Okay, let's move to any public comment.
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Conference Room A: We have no speakers, Chair. No speakers? Okay. I guess
nothing to vote on, so we'll move on to the next item, is that okay?
Yeah. All right.
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Conference Room A: Item number 5! Oh, for item number 4, is there a
motion to adopt a support position? Oh, we can still… even if the bill's
dead? The bill's dead, so I would recommend they take no position on it.
Okay. So, do they still need to make a motion for that? Yeah, for that
one, I would say yes. So, motion to take no position. To take no position
on it. Alright, I'll make a motion to take no position on AB37.
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Conference Room A: 20, 37, until Patterson brings it back.
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Conference Room A: Okay, second. Vice Churchill.
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Conference Room A: Aye. Chair Wong? Aye. Motion carries.
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Conference Room A: Thanks.
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Conference Room A: Alright, item number 5.
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Conference Room A: Subject, consider recommending the City Council adopt
a support position on SB922, Laird's vehicle, local agency charge, use of
streets or highways. Recommend that the city… the recommended action is
recommend that the City Council adopt a support position on SB922, and
authorize the Mayor to send a letter to the Governor requesting his
signature on this bill.
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Conference Room A: Back to you, Astrid. Thank you. Before I pass it on to
Jason, so this bill, when I looked at the legislative platform, has a
monitor language on it, so that way, therefore, it needs to be approved
by the City Council, and we can make that recommendation here today.
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Conference Room A: I'll also add this bill, correct me if I'm wrong,
Jason, is in engrossment and enrolling, correct? So this one is, like…
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Conference Room A: Almost… is basically at the governor's desk, or almost
there.
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Conference Room A: And so, if we… if you do adopt a position today, it'll
go to Council at the September 1st meeting, for their consideration, and
if they do accept the support position, then they would… we would just
submit a letter to the governor directly, since it'll be most likely with
him at that time, so…
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Conference Room A: With that, I'll pass it on to Jason.
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Jason Gonsalves: Well, and it's one that, it's not by any fault of the
mayor and council. This is legislation that resulted from litigation. The
City of Redlands versus Rogers, has to do with the ability to collect,
basically, heavy duty, heavy, high weight,
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Jason Gonsalves: fees, trash trucks, and the like within your community.
The courts ruled in favor of the local agency's ability,
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Jason Gonsalves: to…
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Jason Gonsalves: to collect those fees. This bill seeks to ratify that
decision and further clarify the ability to do so.
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Jason Gonsalves: irrespective of how quickly it may or may not get signed
by the governor, I think it's worth noting, or at least the mayor and
council being aware of it, in large part because of the Taxpayer
Protection Act and all the other activity
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Jason Gonsalves: Going after locals' abilities to… local agencies'
ability to collect, or to even impose, or… or…
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Jason Gonsalves: or seek voter approval for fees. So this is one that…
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Jason Gonsalves: Moves in our direction, allows the local
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Jason Gonsalves: Decision-making process to… to be maintained, and…
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Jason Gonsalves: It's just, it's moved very quickly as a result of the
court case.
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Conference Room A: So, the key provision in this bill is the fact that
weight-based limits go away, right?
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Jason Gonsalves: Yes.
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Conference Room A: And it's replaced by… we can… it doesn't matter
whether it's weight-based or not. How do you determine the damage? That's
the part I couldn't understand.
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Conference Room A: Do I just say, hey, you're running your cement trucks
here longer than more, you're a construction company, you've been
running, like, things in and out, you're hauling waste in and out of an
area more than others, and we're gonna come patch you for that? He's
like, I couldn't quite understand how that worked.
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Jason Gonsalves: I think there's some local autonomy as to how you
determine that, and whether you do it by way of a permit or a fee.
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Conference Room A: Need that for a cleanup.
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Jason Gonsalves: But…
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Jason Gonsalves: Yes, you're absolutely right. Basically, the fee goes
away, and it allows the locals to… I'm sorry, the weight-based fee goes
away, and allows the locals to make a determination as to the roadway
needs, repairs, and how to assess it.
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Conference Room A: So… playing this out, we could come up with a formula
that says if your vehicle weighs X and you make X number of trips, right,
we're gonna charge you a certain percentage based on that.
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Jason Gonsalves: Yes.
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Conference Room A: It could be a flat fee, it could be a tax, it could be
what's in the… what's in the truck, the value of the items or the goods,
like, it's up to us.
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Jason Gonsalves: Yep, absolutely.
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Conference Room A: I just wanna…
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Jason Gonsalves: No, I read it the same way.
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Conference Room A: Okay, it's the most power we've had in the city. No,
I'm just kidding. So, the weight pays the fee goes away. You can't
restrict just on weight-based fee. Can we…
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Conference Room A: And… dual volume?
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Conference Room A: You can do anything. You can do anything, is what this
thing says. We have to come up with a new rubric. Just now. What's your
new algo for what it costs? Frequency. Like, if you're too heavy on this,
you know, the type of… it could be on only concrete roads you have this
fee. It could be asphalt roads have a different fee, dirt roads have a
different fee. Like, it's up to you to go crazy. Please don't. Let's try
to keep it.
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Conference Room A: But you get the idea. You get full out of it.
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Jason Gonsalves: Yeah, and it could be a fee, it could be a tax, or a
other charge.
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Conference Room A: one-time permit. It's up to you how you want to
collect the revenue.
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Jason Gonsalves: Bunch of toll roads.
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Conference Room A: So you mentioned the Taxpayer Protection Act.
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Conference Room A: That is… Has been withdrawn, right?
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Jason Gonsalves: Well, it was…
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Conference Room A: Yeah.
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Jason Gonsalves: was modified. So, the retroactivity and the more
egregious provisions were negotiated with the governor and Legislative
Leadership and Howard Jarvis Taxpayers Association, so the modified
version will be before the voters in November, which
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Jason Gonsalves: in…
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Jason Gonsalves: it's fairly straightforward. It will subject most, if
not all, future, general or special purpose, initiatives to be a two-
thirds vote. So it's raising the threshold for future
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Jason Gonsalves: Tax or fee.
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Jason Gonsalves: Measures for local voters.
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Jason Gonsalves: But the retroactivity piece, Tried to deem previously
approved.
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Jason Gonsalves: voter initiatives invalid. Those provisions were
removed.
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Conference Room A: Okay. Any other discussion? Questions?
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Conference Room A: I don't know, so… Let's check public comment. Oh,
public comment. So it's public comment? We have no speakers here. No
speakers, alright.
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Conference Room A: Alright, back to you. Vice Mayor.
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Conference Room A: Bonsai? No. That won't… We make a motion, to…
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Conference Room A: take the staff's recommended action, that City Council
adopt a support position on SB.
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Conference Room A: I-2-2.
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Conference Room A: And authorized the mayor to send a letter to the
governor requesting a signature on the bill.
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Conference Room A: Right, so we'd be recommending that the full council
take a position, yeah. The full city council, I guess. Yeah.
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Conference Room A: to be placed on the next agenda. Yeah, September 1.
September 1.
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Conference Room A: Alright, is there a second?
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Conference Room A: Oh, second.
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Conference Room A: Vice Chair Chow?
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Conference Room A: Aye. Chair Wong? Aye. Motion carries unanimously.
Okay. Measure item number 6.
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Conference Room A: Consider adopting a watch position on AB1997. Oh, Lee.
Okay, land use, housing development approvals, timelines, and processes.
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Conference Room A: The recommended action is adopt a watch position on
AB1997. Let's go to details asterisk.
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Conference Room A: Yeah, this bill, I'll pass it on to Jason to give a
brief update and explanation on the position, recommended position.
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Jason Gonsalves: Thank you. This bill, AB 1997, it's really…
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Jason Gonsalves: I would call it almost more of an informational item,
and to Councilmember Wong's prior question at the outset of the meeting,
is the legislature moving towards a little bit more, I'll call it
supportive or sympathetic view of local land use authority. This is one
that
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Jason Gonsalves: Is moving in that opposite direction. And while it
probably won't have sweeping impacts, it does speak to the unfortunate
trend of
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Jason Gonsalves: Shortening your approval process timelines, and review
timelines and environmental timelines for projects that meet 90%
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Jason Gonsalves: affordable for very low or extremely low, development,
for… households. So…
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Jason Gonsalves: That's the piece that probably won't have sweeping
impacts. I don't know that you can get many projects with 20%.
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Jason Gonsalves: very low and extremely low, occupancy or units. So the
90% threshold provides some level of
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Jason Gonsalves: I would say limited application, but at the same time,
it was one we wanted to at least have the…
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Jason Gonsalves: the Legislative Review Committee consider watching,
because it just… it further perpetuates the trend, again, to
Councilmember Wong's earlier question of
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Jason Gonsalves: Eroding local land use authority.
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Conference Room A: Got it, good to know. Thank you.
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Conference Room A: And I'll just add as well that the watch position, the
other positions at the end of last time's meeting in June.
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Conference Room A: We got clear direction from you guys, and this was
just, like, a look into it one. So, at this point, like, kind of late in
the game, we were recommending a watch currently, but you're obviously…
you can take an opposed position or other position based on the
legislative platform, which is written in the report for this bill.
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Conference Room A: But there also isn't a lot of activity, like, there
wasn't a lot of support or opposition in general, and so we wanted to
just, for now, recommend a watch and see what you guys thought.
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Conference Room A: There's no point raising activity in something that
doesn't have any activity, is what you're saying. Right. Just want to
make sure we're clear on that. Okay.
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Jason Gonsalves: Well, and then also, one other caution would be, you
know,
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Jason Gonsalves: to highlight whether Cupertino supports or doesn't
support, and the optics of
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Jason Gonsalves: low and… very low and extremely low housing. I think
most, if not all, communities Are supportive of the…
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Jason Gonsalves: of the need. The problem is, who buys them down? I mean,
in Cupertino, with your median home price, how are you gonna buy down an
extremely low unit? So…
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Jason Gonsalves: I would argue it's the state's problem, not the city's.
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Jason Gonsalves: They're the ones putting all the requirements on you.
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Conference Room A: Okay.
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Conference Room A: Any other comments?
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Conference Room A: No, sir. No? Okay.
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Conference Room A: I guess I have some comments on future agenda, well…
Okay, let's do that. Let's go to any public comments for now, and then…
Are we done with this item? Not yet. Do we need to… Not yet. Not yet, we
have to get public comments. Okay. We have no speakers. No speakers,
okay. And are you okay with adopting watch position on this? Okay. Do we
have to vote on that?
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Conference Room A: Yes, yeah. Okay.
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Conference Room A: Good.
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Conference Room A: I'll make a motion to adopt a watch position on
AB1993.
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Conference Room A: So, second. Okay. Vice Chair Tao?
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Conference Room A: Aye. Chair Wong? Aye. Motion carries unanimously.
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Conference Room A: Okay, this one's interesting.
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Conference Room A: Item 7. Consider adopting a support or watch position,
Assembly Bill 1857, where a curry, unlawful restrictive covenants,
grocery stores, and supermarkets. Recommended action, adopt one of the
following positions on AB1857.
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Conference Room A: Option 1, adopt a support position and authorize the
mayor to send letters to the state legislature. Option 2, adopt a watch
position on AB1857.
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Conference Room A: All right. Yeah, and we also kind of worded it similar
to item 6, where we were looking into it and wanted to give you options.
The support is possible based on the legislative platform, but a watch is
also fairly fine as well at this stage in the game, so…
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Conference Room A: I'll pass it on to Jason to give more information.
Yeah, and can we get some history behind this? Because it seems like it
was… someone didn't like something in a locality and decided to make it
state law.
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Jason Gonsalves: There is that. I would say even going a little bit
further back, in particularly late 60s, early 70s, when you had the
growing conversion of ag land to retail centers and population-based
centers, the
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Jason Gonsalves: the mall owners and the large anchors, the Sears of the
world and the grocery stores, they were very creative, and they have
these everlasting covenants that basically allow them last right of
approval on what goes in these
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Jason Gonsalves: former, Sears, or shuttered locations, large anchor
locations, and this is a way of trying to, allow locals to navigate, and
most notably.
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Jason Gonsalves: we have… perhaps food deserts, replace grocery centers,
and work around the covenants that
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Jason Gonsalves: Right now, we're giving, the property owners and former
developers
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Jason Gonsalves: The former grocers, the… it's really the property
owners, ultimate approval.
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Jason Gonsalves: So it's… It's… it's an effort to try to…
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Jason Gonsalves: work around some of these… I don't want to call them
archaic, but everlasting protections.
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Conference Room A: Is there anything in this…
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Conference Room A: That would allow a loophole for someone to replace a
supermarket with a supermarket so that they can build housing on it.
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Jason Gonsalves: Not that I would see. There has been other legislation
in the past, so under government code, we have had bills in prior
sessions that allow for
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Jason Gonsalves: conversion, expedited conversion of former retail
centers and large, retail shopping centers to housing. I know the City of
Lakewood and LA County is utilizing that code currently, so…
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Jason Gonsalves: Nothing in this bill, but I think the government code
could allow for such under current law. So if I had a grocery store and I
wanted to turn it into townhomes, current law does have provisions that
may work for that.
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Conference Room A: But this is to address the covenants that say you
can't
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Conference Room A: Necessarily put it back to another supermarket.
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Jason Gonsalves: Exactly.
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Conference Room A: Hmm. Interesting. Interesting why there would be…
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Conference Room A: Okay. But I think it's not as relevant to us, so maybe
we'll just watch.
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Conference Room A: I'm okay watching it, I'm just trying to figure out
how it could be abused.
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Conference Room A: Ew.
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Conference Room A: Like, if I had this bill, and I was, you know, I was
trying to unload this thing, what would I do? I mean, if I was told it
couldn't be a supermarket, then it would be nice, because then I'd have
to find another use for it. Yeah. Right, so it's probably in our favor if
we want to preserve our retail and our supermarkets to support it.
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Conference Room A: That's all.
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Conference Room A: I'm not asking for a support position, I'm just
saying, like, I think we want… we want to make sure that… Do I have any
place in Cupertino that has this confidence?
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Conference Room A: Do we have any covenants like that in Cupertino? I
don't know. I might have to ask our, our planning team. I would ask. I
don't think so, but… Yeah, I have to verify. Because all Valco was that,
probably. Right. So…
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Conference Room A: Yeah, I can confirm. Actually, it'd be very nice to
know if Falco has that covenant, and…
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Conference Room A: We might have avoided it by accident. I'd love to
know. But there was no grocery stores there. One big mall? Small call.
The supermarket there?
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Conference Room A: couldn't tell. At some point, we had a bazaar going on
down there.
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Jason Gonsalves: The prior… if it was a big mall, the prior mall, owners
probably had some restrictive covenants.
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Conference Room A: I mean, Macy's… we had Macy's, Sears…
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Jason Gonsalves: We'll see.
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Conference Room A: Cheers.
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Jason Gonsalves: Cirrus was known for them. I mean, they were very good
at…
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Jason Gonsalves: Putting those restrictions on future development.
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Conference Room A: Oh… But too late now.
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Conference Room A: Good to know. Only for the history books. Okay,
alright. So, you okay with the watch position? Is that where you want to
go? Okay, make the motion. Oh, public comment, please. Oh, public
comment, please. It's not public comment, so sorry. We have no speakers,
Chair. Okay, no speakers, thank you.
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Conference Room A: We're all for transparency, I keep forgetting there's
no one in this room. We have a Zoom meeting, we have public comment.
Please join us next time if you're… We're on YouTube. We're on YouTube.
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Conference Room A: We're getting zero views. No, I'm just kidding. More
views. Alright.
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Conference Room A: Make a motion? Yeah, so I move to adopt a watch
position on AB1857. I'll second that.
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Conference Room A: Okay, Vice Chair Chow? Aye. Chair Wong? Aye. Aye.
Okay, we are now… any staff and committee reports?
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Conference Room A: None. None? Okay. And future agenda setting? You had
some comments you wanted to add? So I have some comments from the Cities
Association Legislative Action Committee, some things they consider that
might be of interest.
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Conference Room A: So, SB1117.
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Conference Room A: That's, bill that would, allow…
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Conference Room A: That allow forced the city to waive the fees for the
first 750 square foot of an ADU or JADU, so we can only charge in taxes
for anything that's above 750 square feet.
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Conference Room A: Boom.
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Conference Room A: I think, right, now it's just too late for taking a
position on, but I think this kind…
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Conference Room A: I wish this could have been brought to the committee.
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Conference Room A: I think we did a… Because this would affect the city
revenue.
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Conference Room A: and continue the legislators, thinking impact fee is
somehow not… not going to impact city revenue, because impact fees are…
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Conference Room A: have to go through a nexus study to show that there is
some actual impact. And if they are waiving that, that means the city
will eventually have to pay and cure those costs, the burden further
down.
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Conference Room A: So… Oh, sorry, just one question that.
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Conference Room A: I'll just add that this one is on our tracking list,
so it's on… it's part of the packet. And as far as the rest of the
legislative session goes, like Jason said earlier, the next LRC meeting
is in October, so it was meant to be, like, a wrap-up meeting after the
end of session. But if there was something that you were strongly, you
know, wanting to see, we could still
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Conference Room A: we could still bring it to, like, a full council
meeting and not an LRC meeting, if there's something that you're really,
like.
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Conference Room A: want to see Taker.
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Conference Room A: CalCities does have an opposed position on SB117, but
that's something we might want to talk to with… if you want to, we can
talk to,
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Conference Room A: Tina and the mayor on whether or not they would like
to see this. I don't think… I think at the point any action probably will
make any difference, so… Alright.
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Conference Room A: Just for information. But, another two bills I think
would be of interest, maybe for the Council. It's two bills on nitrous
oxide cells.
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Conference Room A: So, SB936 and SB758.
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Conference Room A: Okay. Both of these, cities association took a support
position, because there were… there are smoke shops selling nitric oxide,
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Conference Room A: As a smoking option on… And then Sunnyvale actually
had an emergency moratorium.
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Conference Room A: On natural oxide cells in their smoke shops, and then
they adopted the ordinance to repain it.
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Conference Room A: I'll just say that, I know that Cupertino doesn't have
any smoke shops currently, so that's good for us. Have any smoke shops?
We don't have any specific… Since 2011, those, can they still… Well,
those aren't considered smoke shops. They sell cigarettes, but, like,
they're not allowed to sell, like, vapes or flavored vapes right now,
currently. Flavored tobacco. Ordinance, flavored tobacco.
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Conference Room A: these nitrates… I don't know if they can, but I just
know we don't have any specific smoke shops where they only sell smoke
products. There's none in Cupertino. Okay, good. So that's at least good
for us, but
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Conference Room A: I can definitely look into if that's something that 7-
Eleven sells, if you would like.
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Conference Room A: Yeah, just something to look into, because it seems to
be such a big deal in Sunnyvale, right? So, I'd like to know it's not us,
but we had parents complain about
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Conference Room A: Some other product, I think, out of 7-Eleven sold.
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Conference Room A: That's… I forgot the name, yeah.
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Conference Room A: Okay. And they always come up with new things.
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Conference Room A: Alright, I'll look into that.
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Conference Room A: Okay, any other…
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Conference Room A: Anything else on your end? No. I think the other
people who are selling… are Banning's Creighton.
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Conference Room A: So, it's, energy supplement. Oh, yeah. Kratone.
Kraton. That's the other one. Okay. So, that's… we don't have any
statewide bions on nitrous or cratone coming up as well, is there?
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Conference Room A: Washington State just passed a ban on nitrous, so that
was the one. Oh, yeah? Yeah.
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Jason Gonsalves: Those… just those two bills that the Vice Mayor
mentioned on the nitrous oxide side, as far as prohibiting the sale in
these smoke shops,
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Jason Gonsalves: Creighton, nothing that… I'll do a search, and we'll
report back if there is, but nothing that comes to mind. I know it's…
it's becoming a trend of seeing these shops selling
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Jason Gonsalves: Creighton, you know, around.
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Conference Room A: Yeah, they're being sold every… they're being sold
everywhere, especially on truck routes.
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Conference Room A: So, that's the other piece.
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Jason Gonsalves: It's just, it's amazing, you know, when… 100 years ago,
my wife worked in dentistry, and you had nitrous oxide, you had to have
it locked up in a separate room, and it couldn't be accessed by the
general public.
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Jason Gonsalves: And now the idea that smoke shops can sell them… sell it
to kids or, you know, 18-year-olds, it's…
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Jason Gonsalves: I guess the way the pendulum has swung is somewhat
crazy, in my view.
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Conference Room A: Yeah. Yeah.
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Conference Room A: Stop.
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Conference Room A: Welcome to each time, that's great, so…
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Jason Gonsalves: That was my old man moment, hearkening back to the old
days.
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Paul Gonsalves: there was a bill, AB 1088, dealing with Kratom, but that
bill was held in the assembly, on the assembly floor, so that bill is
dead. So I expect them to see… to see them and reintroduce it in January.
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Conference Room A: Probably gonna come back, see that.
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Conference Room A: So, Louisiana and Washington are the two states that
have banned nitrous oxide in sales.
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Conference Room A: Two of the least likely states, I would imagine. Yeah,
I was… And that's great, that's great for them. Washington states
surprised me, because… Louisiana surprised me, too, because I think it's
become a problem.
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Conference Room A: So, I was up there with Horse Trank in Philly.
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Conference Room A: Okay, thank you. Anything else to ask for the agenda
items? Okay, when is our next meeting? Just, yes, I was gonna say,
October 19th,
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Conference Room A: it will be kind of our last kind of wrap-up meeting
for this year, wrap up the Legislative Session. And then… is it October?
Yeah, it's on a Monday, October 19th, it'll be here at 2 o'clock.
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Conference Room A: And we'll prepare a wrap-up for all of you, and go
over kind of where our positions landed. And the last thing I'll say is,
for any positions that you already took positions on this year, if they
go to the governor, we will automatically send letters of signature or
veto, depending on what you adopted, right? So…
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Conference Room A: That is what we'll be working on for the next couple
months, and then we'll come back with an update for you in October. So,
are we going to provide an info memo, maybe for the City Council? Yeah,
we usually do… Summarize of what we… Yeah, we usually do, so we'll try to
publish the memo close to when the meeting is, so it's kind of, like, at
the same time.
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Conference Room A: And then, are we planning to invite the legislators to
come to the council for an update? Yeah. Yeah, I think we did that last
year, right? So I can… Sounds good. We can work on that. I'll reach out
to them and see what we can do. Yeah, let's get them. I'll try my best.
They can come separately, then come together, it's fine.
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Conference Room A: Okay.
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Conference Room A: Agreed.
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Conference Room A: That's it for us. This might be a little late, I think
we were planning that a little earlier last year, because of their
schedule, so… Yeah, yeah.
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Conference Room A: I think we did, like, a wrap-up last year as well,
didn't we?
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Conference Room A: In October? Or was it earlier?
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Conference Room A: I don't recall. Oh, you mean for AORC? No, we did it
at the council meeting. Oh. And they presented on that, that. Oh.
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Conference Room A: Oh, it was a special meeting. It was Assemblymember
Aaron's, and… It was, like, Monday, eventually. Oh, a special meeting,
yeah. Yeah, because we somehow… Yeah. Well, scheduling them is difficult.
Yeah, but I remember we tried that… Yeah.
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Conference Room A: before August. Yeah, we'll try best to find a meeting
that works for them, and then we'll publish a memo and have this meeting
as well. So, yeah.
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Jason Gonsalves: I know you did it in the fall because Patrick showed up
without an umbrella and it was raining outside.
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Conference Room A: There we go, yeah.
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Conference Room A: Good memory, Jason.
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Conference Room A: Great.
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Jason Gonsalves: That was a nice way of saying he showed up all wet.
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Conference Room A: Yep. So maybe sometime late November, like, after the
election? Maybe after elections. Yeah, yeah. Okay. Alright, we'll do our
best to schedule that.
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Conference Room A: Great. That's it for us. Thank you, thank you. Thank
you. This meeting is effectively adjourned. Thank you. Thank you.