Dear Mayor Nash and Menlo Park City Council Members, July 11, 2026
I have not received a written response to my May 7, 2026 letter to you and the developers;
(see attached) therefore, I am following up.
As you know, I am an unbiased resident of Menlo Park, with no personal gain of loss, (except as a local taxpayer) no matter what the outcome is.
As a Commercial Real Estate Attorney with 50 years of experience, as a principal/owner, in similar real estate ventures, I believe I can add insight to assist the City Counsel to make decisions that are in the best interests of our community:
I am not opposing “Housing”. IF I could recommend a good housing plan for the Parking Lots, I would do so.
HOWEVER: I have reviewed the three developers plans and concluded that, in my professional opinion, the proposals are not feasible, structurally, financially or politically:
a) The plans add to the serious financial deficits that now face the city.
b) They do not meet the parameters set out in city’s “Request for Proposals”; especially regarding replacement parking for BOTH businesses and apartment dwellers.
c) You have been warned that a 5+ story parking ramp will NOT REPLACE the existing street level parking lots (see the multiple photos you have received of Palo Alto’s empty levels above levels 2, and below street level).
AND
d) The proposed plans do not adequately satisfy the State’s Legislative demands for low-cost housing.
For almost two years, your flawed decision to promote the building of State Mandated Low Income Apartments on Our Parking Lots has caused these problems:
1) YOU have caused reasonable citizens to constantly argue with each other, pitting neighbor against neighbor, based on conflicting facts and misinformation, ruining what should be normal friendly relationships.
2) YOU are violating your Representative Obligations and your Fiduciary Duties by Wasting taxpayers time and money as follows:
a) Defending against Lawsuits that the city will likely lose.
(See Foster City and San Mateo’s decision to abandon a similar plan to build on their parking lot to avoid a lawsuit and respond to public opposition).
b) Ignoring that there is a “Cloud on the Title” to the parking lots in favor of the surrounding property owners/businesses, based on recorded promises to maintain the parking lots for the benefit of the businesses.
c) Negligently paying for "Consultants" that have submitted "debatable assumptions and conclusions", and YOU have erroneously relied on them instead of the believable conclusions that oppose the plans.
d) Ignoring the CHAMBER FILLED CROWD OF CITIZENS (example: January 2025) who voiced strong opposition to designating our parking lots as “Surplus Land”.
*NOTE: Surplus Land must NEVER be considered without advanced FULL-PAGE, BOLD PRINT, PUBLIC NOTICE TO THE VOTERS and discussed at an OPEN MEETING!
3) YOU are neglecting to pursue other existing locations that are more feasible and less controversial at:
1283 Willow Road
Bohannon Park
Former USGS Site
Former SRI Site
Corporation Yard
Civic Center
4) YOU are Refusing to acknowledge and follow the advice of Real Estate Professionals, Construction Experts, Financial Advisers and ignoring the Publics lack of support (as evidenced by the Ballot Measure and the overwhelming written petitions of the businesses and voters).
* Visit: https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fSAVEDOWNTOWNMENLO.org&c=E,1,UpBkx7z1szFd01wwsZUILr98ptIZ526zMmmGfxZbr3dXzV1ADE4shU7ZdU7kcKVvLYqs3_0m8Xb2cFdrzDcZfmOxgVyoMJtx3lUD4hZvWrNwJ7NPZZr6FGk,&typo=1 for a long list of businesses opposed to the plans.
5) YOU have caused both sides of this issue to spend hundreds of thousands of dollars of their own personal money on lawsuits, ballot measures, and "informational" pamphlets and advertisements, promoting their sides of this issue.
6) YOU are Promoting a Flawed Project, apparently because you fear the "State Legislature’s Threats"; instead of using common sense to put the voters and businesses of Menlo Park FIRST, by asserting your right, and duty, to maintain “LOCAL GOVERNANCE” and stand against the improper micro-managing of our city’s decisions, by distant legislators.
YOU also appear to be submitting to the pressure from people and organizations that are outside of Menlo Park, who are supporters of the developers plans; AND who will NOT be adversely affected when the flawed plans damage our city.
7) YOU have Neglected the High Priority of Promoting the "Vitality of Downtowns Business District" by failing to understand that the construction of Apartments and Ramps will take multiple years and cause many business to shut down. Shoppers who cannot find convenient nearby parking go to places that provide it: like Target, Home Depot, and Stanford Mall.
8) YOU are in FINANCIAL DEFICIT and you must NOT be Unnecessarily and Prematurely Spending taxpayer money (and time) on Developers feasibility studies. You should be waiting to know the outcome of the Ballot Election in November and the Pending Lawsuit and Appeals.
(IF and WHEN you lose, all that taxpayer money will be wasted).
9) YOU have Failed to obtain clearances from the Fire Department, Police, Water & Sewer, Electric grid, Environmental, Safety and other support elements of our city.
*MAJOR WARNING: It is unsafe to build high rise apartments adjacent to the older buildings surrounding the parking lots that are mostly lacking current fire-retardant materials and sprinkler systems. I doubt that the Fire Department will consent to the proposals under consideration, especially IF their equipment can NOT access the proposed high-rise apartments due to the narrow passageways and ladder height limitations.
10) Finally: I do not believe you have authority to lease our parking lots, valued at +/- $50 million to a private developer for $1 dollar per year. No qualified financial adviser would approve this.
YOU can STOP these problems by simply Abandoning these flawed plans and begin the development of the better locations that exist.
Respectfully,
Michael DeMoss, Menlo Park Resident
Commercial Real Estate Attorney
Former Member Finance and Audit Commission
Additional considerations:
If you violate, or interfere with, the vested legal rights of the property owners, adjacent to the parking lots, to the use of the parking lots, by effectively taking away their valuable parking rights, you will be substantially reducing the value of those properties and the property owners will be able to sue the city for compensation under the provisions of "Eminent Domain" or simply "Breach of Contract".
Furthermore, the reduction in value of their real estate will justify a reduction in their real estate taxes, resulting in a reduction of tax revenue to the city.
Sent from my iPhone
