I read with dismay the recent Almanac article that discussed how the Woodside Town Council (where I was mayor in 2019) decided to block all building applications related to a recently enacted state housing law, Senate Bill 9, based on the "creative" argument that 100% of Woodside should be exempt from housing requirements because of its status as mountain lion habitat.
Apparently, in the council's view, mountain lions prefer to roam among large single-family homes rather than more affordable duplexes. After a letter from Attorney General Rob Bonta and an emergency Town Council meeting on a Sunday, the council backed off of its position.
Although it achieved less publicity, in its Jan. 25 meeting the newly installed mayor, Dick Brown, pushed a more extreme method to achieve the same goal. In the name of "local control" he wanted to put the Town Council on record supporting the proposed initiative Constitutional Amendment 21-0016 ("Our Neighborhood Voices") which attempts to preempt any state law (except in three limited areas) that conflicts with a local land use law.
The extent of state laws that could be ignored in favor of local land use initiatives are not named, presumably by design, but the expansive language could be read to cover California's fair housing and anti-discrimination laws, landlord-tenant laws, environmental laws related to oil drilling and mining next to homes, and the list goes on. Fortunately, other members of the Town Council, namely Ned Fluet and Jenn Wall, both opposed the resolution, and the mayor withdrew the item from the agenda with a vow to bring this bad idea to a future meeting.
Like many Bay Area cities and towns, Woodside is attractive to both long-time homeowners who have already benefited from the California dream and younger families and others looking to make a new home for themselves, some of whom are the sons and daughters of the first group. Also, like other Bay Area towns, Woodside vacillates between welcoming these new folks and pulling up the drawbridge.
If California has learned anything in the past 40 years of "local control" over housing policy, it is that most localities have their own special reasons to limit multi-unit housing growth, but with predictable results. California is among the most expensive states to live in; we have more homeless residents than any other state and most cities are happy to point the finger at others for not doing enough. Woodside's own local public elementary school has declining enrollment, not because it's not excellent (it most certainly is), but because families can't afford to move here.
I am extremely grateful that the state Legislature is working to remove barriers to housing development and I hope they are not overturned by NIMBY forces hiding behind big cats or, or worse, pushing initiatives to gut state civil rights, housing and environmental laws. Housing in our region is tight and expensive; we can all be part of the problem or part of the solution.
Woodside has always met its state housing allocations in the past. If the Town Council applies the same creativity to meeting its state housing numbers as its attempts to shirk them, I am confident solutions can be found.
For Woodside residents, if you don't want your tax dollars wasted on litigation defending "creative" arguments to avoid housing obligations, you have a remedy. This November, three Town Council seats are on the ballot. Most Woodside Town Council elections are sleepy, frequently unopposed affairs. I would urge residents who prefer Town Council representatives who will not invite unwanted litigation or advocate for issues that would gut important constitutional protections, to run for these seats or support the challengers who run.
Daniel Yost has lived in Woodside for 19 years. He served as mayor in 2019 and as a member of the Town Council from 2015 to 2020.
Comments
Registered user
Portola Valley: Central Portola Valley
on Feb 12, 2022 at 11:57 pm
Registered user
on Feb 12, 2022 at 11:57 pm
I agree: To declare all of Woodside mountain lion habitat and so blunt SB 9, was not a particularly good idea. Neither was the General Attorney’s definition of the term “habitat” implying that all the animals (deer, coyotes, foxes, turkeys) roaming around on our properties are legally not supposed to consider them their habitat. Because areas with houses on it do not qualify as wildlife habitat, according to the GA.
In the discussion of the need for additional housing, and particularly affordable housing, I am missing one aspect though: The shortage, in the Valley, of houses and apartments at affordable prices is caused largely by major tech companies like Facebook et al who are adding more and more very well-payed employees to their workforce. Their need for housing and ability to pay higher rents has made it increasingly difficult for long-time residents to stay in their houses and appartments. Same goes for service providers and their their original habitat within our local communities – school teachers, Stanford professors and staff included. The tech companies, reporting huge profits, have done very little to create living space for their employees. They are thus passing certain costs of their operation on to the public. And the State, recognizing the problem and not wanting to see those companies move to Texas like Tesla, invent such laws as SB 9 to split properties and create room for ADU’s. Small wonder some people call mountain lions for help.
Registered user
another community
on Feb 13, 2022 at 5:34 am
Registered user
on Feb 13, 2022 at 5:34 am
SB-9 brings back memories of Robert Penn Warren's novel All the Kings Men read back in H.S. days. The take home message according to my instructor was: Does the end justify the (politician's) means? The end is town folk & local government no longer have a seat at the table. The means now dictates from Sacramento i.e. If you've seen one Redwood tree (substitute mountain lion) you've seen them all.
Registered user
Woodside: other
on Feb 13, 2022 at 5:01 pm
Registered user
on Feb 13, 2022 at 5:01 pm
Sadly I expect the more certain candidates fight SB9, the more supporters of NIMBY policies will come out to vote.
The housing crunch exists in almost every community in California, not just those near the big tech companies.
People fail to realize how the housing crunch is related to the fact schools and employers struggle to find employees, how it drives inflation, and how it’s the reason most of our children will have to move far away instead of settling nearby.
That is unless you are lucky enough to be subsiding their cost of living for decades to come.
Just remember that you can’t really raise a family in an 800 sq ft ADU. That cap is another burden on helping families.
Registered user
another community
on Feb 14, 2022 at 12:58 pm
Registered user
on Feb 14, 2022 at 12:58 pm
MEMORANDUM DT: February 7, 2022
TO: Brand-Huang-Mendoza Tripartisan Land Use Initiative
FR: Sabrina Venskus, Esq. ([email protected])
RE: Analysis of Our Neighborhood Voices Initiative
Short Answer
Based on application of canons of statutory construction, we believe a court could not reasonably interpret the proposed amendment as allowing local governments to enact local laws that conflict with state environmental, anti-discrimination, or fair housing laws. In the unlikely event that a county or city attempts to enact a local law that conflicts with state environmental laws like CEQA, or fair housing laws like FEHA, and the enactment is judicially challenged, the courts, after correctly interpreting the initiative, should strike the offending law as an improper use of the home rule. A ballot statement and proponent’s argument contained in the official voter pamphlet expressly stating the drafters’ intent is to uphold all other non-land use planning or zoning state laws, including those that protect the environment and natural resources and ensure fair housing and anti-discrimination laws remain intact is recommended.
Background
Some well-intentioned interest groups have expressed fear that the ONV initiative would permit local jurisdictions to enact local laws that conflict with existing environmental statutes, such as CEQA, CESA, Porter-Cologne, and proposed laws such as prohibition on building in Very High Fire Zones. While mistrust of local government is to some extent historically justified, the ONV initiative is intended to mitigate the detrimental effects of the state legislature’s recent over-reach into home rule enshrined in 2 the California Constitution (Cal. Const., Art. XI.) Specifically, up-zoning by fiat by the state legislature (SB 9) without consideration of local communities’ natural resources constraints, infrastructure deficiencies, or current zoning that may already provide for byright development of the allocated RHNA requirements (e.g., Cit
Registered user
another community
on Feb 14, 2022 at 12:59 pm
Registered user
on Feb 14, 2022 at 12:59 pm
Los Altos Hills is my community. Kind thanks.