Dear Mayor Combs and members of the Menlo Park City Council,
When I was in law school, one of my law professors had a bumper sticker on his car.
It read:
"Question Authority".
There are many reasons to oppose "State Mandated Housing"; but a most important reason is:
The State, Legislature and Governor do NOT have Authority to Regulate Issues (make laws) that are under "Local Voters Authority".
For example:
Does the "State", or "the Local Voters", ultimately decide if in Menlo Park:
1) Santa Cruz Avenue should be a "One Way or Two Way Street"?
2) Zoning will permit a gas station to be built at Santa Cruz and University Avenues?
3) Every corner should have a stop sign?
Most would agree these are examples of LOCAL decisions, NOT State decisions.
That is why, for example, the States Mandate to ban Gas Stoves in California, was recently REVERSED by a California Court.
In the same way, California has NO AUTHORITY to Micro-Manage Housing in Menlo Park, and the City Council should use its time, expertise and money to sue the State of California, demanding that they let Menlo Park Voters decide IF they they need more housing, how many housing units they really need, how to pay for them and when and where to put them.
Because: Menlo Park Voters and Taxpayers will have to pay the price for those decisions.
Equally important: The "Builders Remedy Penalty", violates "Due Process" and the principles of "Eminent Domain". . . Protections that are guaranteed under: The Fifth Amendment to the U.S. Constitution (”…nor shall private property be taken for public use, without just compensation”).
Excessive Government Overreach, and Oppressive Micro-management will persist, until the voters "Question Authority".
"Do What Is Right"
Respectfully submitted,
Michael DeMoss, Attorney
Menlo Park Resident
Sent from my iPhone
