> From: michael demoss
> Date: August 11, 2025 at 11:49:00 AM PDT
> Subject: Litigation Analysis
> Mayor Combs,
Please share this with your fellow council members.
Thank you,
Mike
>
> Dear members of the Menlo Park City Council,
> I want to share with you my unbiased opinion, based on years of courtroom experience, and I hope that it will help you resolve the conflict you have with a large segment of the citizens of Menlo Park.
> I feel that my advice is unbiased because I have no gain or loss regarding your decision whether (or not) to "Repurpose" the Menlo Park downtown parking lots.
> My primary concern , as a former member of the Menlo Park Finance and Audit Commission, is to save the taxpayers money that is being wasted on a lawsuit that (in my professional opinion) the city will lose.
>
> Analysis:
> During my 48 years as an attorney, I served for over 20 years as an "On Call" District Court Judge, presiding over more than 200 disputes.
> In every case, one side presented a detailed story that seemed convincing . . . until the other side told their equally convincing story.
> Such is the case involving the litigation that is before you, the lawyers and the judge:
> Regarding the necessity of a 51% vote of the citizens to decide if the parking lots can be "Repurposed" by a mere 3 members of the city council.
>
> I will tell you how I would decide this case:
> 1) It is pivotal to acknowledge the following:
> a) There are Documented Historical Records of the parking lots requiring a 51% vote to "repurpose the lots", AND adjacent property owners being assessed for the construction and maintenance of the parking lots.
> b) Property owners, merchants, shoppers and employees have relied on the uninterrupted use of the land as public parking for over 75 years;
> c) AND, There has been no formal vote of the citizens or property owners to change the "51% voter approval requirement".
>
> 2) If I must decide WHO should be authorized to repurpose such an important city asset, such as an approximately 50 million dollar city parking lot:
> Three (3) city council members, OR the 21,000 tax paying voters?
>
> I would consider Who benefits and Who loses if the parking lots are "Repurposed"? AND who is Responsible if the outcome of the decision damages the "prioritized" vitality of the downtown business community?
>
> The Council members are elected for a relatively short term and if their decision is detrimental to the vitality of downtown Menlo Parks business district, they pay no penalty and have lost nothing, except their seat on the City Council.
> However, if the voters are allowed to decide the fate of their downtown parking lots and the vitality of their downtown, they rightly receive the benefit or pay the penalty of their decision.
>
> Therefore, it seems right and just to let the taxpayers vote, and decide whether to take the risk of "Repurposing" their downtown parking lots.
>
> My decision: The Taxpaying Voters should be allowed to vote to decide their downtowns fate.
>
> 3) In the event, the parties ask for my advice, during a settlement conference, prior to trial, I would tell their lawyers this:
> The Members of the City Council, are being paid by the voters who are suing them.
> Therefore, a decision must be made on this question: WHO does the City Council represent? The Menlo Park citizens or the Sacramento legislature?
>
> A) The voters have petitioned the city to codify the decision: "to submit any parking lot changes to a 51% vote of the citizens".
> B) The city has other places to build apartments, so why persist in going against the will of the voters?
> C) Even if I were to rule in favor of the Council, this matter will probably be appealed or re-litigated on some other basis, especially regarding a breach of fiduciary duty in the decision to lease the parking lots to a private developer for One dollar per year, instead of its real value of nearly Five Million Dollars per year.
> D) THE PENDING BALLOT MEASURE WILL LIKELY MAKE ANY CITY COUNCIL DECISIONS NULL AND VOID.
> Why not have the city council codify the ballot measure and let the voters decide what is best.
> E) Without any new evidence, my pre-trial analysis would be:
>
> The city council does NOT have the authority to repurpose the downtown city parking lots without a 51% vote of approval from the Menlo Park Voters.
>
> Finally,
> Council Members, please be aware of your Fiduciary Duty to the taxpaying voters and do not waste taxpayer money on litigation that is not in the citys best interests, and which will alienate the majority of the voters.
> More importantly: this dispute is interfering with the job assigned to you:
> Find a better location for state mandated low cost apartments.
>
> Respectfully submitted
> Michael C. DeMoss
> Menlo Park Resident
> Commercial Real Estate Attorney
> Former Judge, Trial Attorney, Law School Dean and Law Professor
>
> Sent from my iPhone
