HomeMy WebLinkAboutVeto Letter - SB 477 (Wiener) 10.04.2021
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October 4, 2021
The Honorable Gavin Newsom
California State Governor
State Capitol, First Floor
Sacramento, CA 95814
RE: SB 477 (Wiener) – Request for Veto
Dear Governor Newsom,
On behalf of the City of Cupertino, I write to request your veto on SB 477 for the reasons
outlined in our correspondence, enclosed, to Assemblymember Aguiar‐Curry opposing this
legislation.
Sincerely,
Darcy Paul
Mayor
City of Cupertino
cc: Senator Dave Cortese
Assemblymember Evan Low
Assemblymember Marc Berman
Ronda Pascal, Deputy Legislative Secretary, Office of Governor Newsom
Enc: Correspondence to Assemblymember Aguiar‐Curry Opposing SB 477 (June 30, 2021)
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June 30, 2021
The Honorable Cecilia Aguiar‐Curry
California State Assembly, 4th District
State Capitol, Room 5144
Sacramento, CA 95814
RE: SB 477 (Wiener) – OPPOSE
Dear Assemblymember Aguiar‐Curry,
On behalf of the City of Cupertino, I write to express our opposition to SB 477 (Wiener),
which expands local agency data collection requirements to gauge the effectiveness of state
housing laws. Specifically, this bill requires local agencies to include data in their annual
progress reports to the Department of Housing and Community Development (HCD) relating
to the number of applications submitted for various state housing programs, the location and
total number of developments approved, the total number of building permits issued, the total
number of units constructed, whether the project received an exemption, and whether the
project is seeking any waiver, bonus, or concession, among other things.
By significantly expanding the record keeping and reporting requirements to HCD, this
measure imposes an unfunded mandate on cities and increases the burden on local planning
and community development departments without providing a tangible benefit. It is important
that increasing demands on local planning departments are met with reciprocity from the state
to assist us in building more affordable housing projects consistent with community needs.
Local jurisdictions throughout the State have engaged in thoughtful planning and
development strategies to balance housing demand, local input, and the needs of the building
industry. While we believe that data collection is an important tool for determining the
effectiveness of state laws, the information collected should reflect a more holistic view of the
various factors that going into housing production, and not just be used as a means to justify
further regulation on local government. For example, collecting information on the number of
entitlements may be more indicative of a local government’s efforts to encourage affordable
housing as permitting and construction are dependent on the timing of the developer. By
requiring the collection and reporting of a narrow focus of housing data to present in the
aggregate, this diminishes the good faith efforts of many localities to comply with state housing
laws and community needs.
MAYOR DARCY PAUL
CITY OF CUPERTINO
CORRESPONDENCE TO ASSEMBLYMEMBER AGUIAR‐CURRY OPPOSING SB 477 page 2 of 2
Instead of focusing on efforts that fail to attempt to understand and address the
challenges faced by localities, legislation from the State should be working to bridge the gap
between entitlements and completion of projects. Focus instead on finding a way to ensure that
existing inclusionary zoning requirements are adhered to by developers. When legislation is
proposed that is geared to be punitive and to create convenient scapegoats, then conditions do
not improve. Worse still is legislation that purports to help a problem when in fact the
legislation worsens the problem. We are ready to work together, but please be mindful that we
proceed together in an effective fashion, rather than in a manner that creates more bureaucracy,
panders, and sells out our communities only to benefit, at base, monetary interests.
We cannot afford any more to kick the cans of our problems down the road. Pretending
to do something while creating scapegoats is the way of an older and abusive “ends justify the
means” mentality. It is not the politics of today. If we are to be truly problem solvers, then we
must put forward funding for addressing the affordable housing crisis. We cannot cater to
lobbyist‐driven funding and pretend that we are solving problems when in fact the problems
get worse, while at the same time we place blame on jurisdictions making legitimate points and
which are in good faith working to be partners. We implore you that the type of mentality and
approach represented by this and other proposed legislation must end. Again, we are prepared
to be partners. We look forward to less corruption and more solutions.
For these reasons, the City of Cupertino opposes SB 477.
Sincerely,
Darcy Paul
Mayor
City of Cupertino
cc: Senator Dave Cortese
Assemblymember Evan Low
Assemblymember Marc Berman
Assembly Local Government Committee
Assemblymember Cecilia Aguiar‐Curry (Chair)
Assemblymember Tom Lackey (Vice Chair)
Assemblymember Richard Bloom
Assemblymember Tasha Boerner Horvath
Assemblymember James Ramos
Assemblymember Luz Rivas
Assemblymember Robert Rivas
Assemblymember Randy Voepel