City Council, I understand you have received a 6 page letter from YIMBY.
No disrespect to the San Francisco Research Attorney who sent it.
His letter might be wise advice for some California cities, but, in my opinion, NOT for Menlo Park.
I would caution you to get a second and third opinion before proceeding with their suggestion:
I will gladly talk to you privately to explain why I believe this is not in the best interests of the city or the voters:
Briefly: I do not believe the underlying elements of Menlo Parks ballot measure justify YIMBYs recommendations.
Such action will assuredly result in additional expensive litigation opposing such action, and will, in my opinion, fail.
I believe the following YIMBY letter Quotations do not apply to our facts:
"the Citys role is that of a land disposer"
(We are not selling)
"Since the City is not the ULTIMATE project sponsor and is not using public funds for construction, it is not acting as the "state public body" that Article 34 seeks to constrain.
(Developers have mentioned city/taxpayer money being part of this development)
"a housing development project shall be subject only to the ordinances, policies, and standards adopted and in effect when a preliminary application including
• all of the
information required... was submitted."
PROBLEM: "subject only to the ordinances, policies, and standards"
It seems obvious that our ballot measure is all of THESE: ordinances, policies, and standards
If they are NOT, why vote on them!
These are just 3 items that, in my opinion should make you say:
"Let the Voter Decide"
Start looking for other sites and get bids.
Thank you for considering my input.
Michael C. DeMoss,
Commercial Real Estate Attorney, Former member of the Menlo Park Finance and Audit Commission, Former Chairman of the Audit subcommittee, and Menlo Park Resident
Sent from my iPhone
