HomeMy WebLinkAboutOpposition Letter - SB 902 (Wiener) - 07.16.2020
July 16, 2020
The Honorable Scott Wiener
State Senator, 11th District
State Capitol, Room 5100
Sacramento, CA 95814
SB 902 (Wiener) – OPPOSE UNLESS AMENDED
Dear Senator Wiener,
On behalf of the City of Cupertino, I am writing to express our oppose unless amended position
to SB 902, your measure that would permit a local government to pass an ordinance to rezone
any parcel up to 10 units of residential density per parcel, at a height specified by the local
government.
The City appreciates that SB 902 is structured in such a manner that provides cities discretion as
to whether an ordinance would be appropriate for part, or all, of their community. We believe
that these provisions ensure that local governments are able to decide if this tool is appropriate
for their community and may be a strategy that would result in additional housing opportunities.
Unfortunately, we must oppose SB 902 due to the provisions that would allow a local government
to pass an ordinance to rezone a parcel, even if a local voter initiative has been passed that would
directly prohibit such an ordinance. The ability for voters to approve local measures is
fundamental to our political process and should not be allowed to be ignored by a city council.
If a local government wishes to pass an ordinance, such as would be allowable under SB 902, that
goes against a locally approved voter initiative, then that ordinance should be submitted to the
voters.
The City of Cupertino does not believe that local governments should be able to ignore the will
of their local voters, even for a worthy purpose, such as the creation of new housing. This
provision creates a slippery slope, which could spur future legislation that may allow
government to ignore the will of the voters for less worthy causes. We believe that the right of
the voters to approve local measures, and for government to respect those measures, is
foundational to our democracy and must be protected. We would request that you consider
removing this provision from SB 902, in which case the City would be glad to remove our
opposition.
If you have any questions, or need more information, about the City’s position or our suggested
amendment, please contact our City Manager, Deborah Feng, at (408) 777-3212.
Sincerely,
Steven Scharf
Mayor
City of Cupertino
cc: Senator Jim Beall
Assemblymember Evan Low
Assemblymember Marc Berman