Its NOT Bias, or Political, or Anti-housing or NIMBY.
It is simply LEGALITY.
The Legal hurdles to building on Downtown Parking Lots are what is opposing it.
This is an Unbiased legal analysis:
As a Menlo Park Resident,
Former Menlo Park Finance & Audit Commission Member and Chairman of the Audit Subcommittee,
And as a Commercial Real Estate Attorney, I do not benefit or lose regardless of the outcome regarding the Menlo Park Downtown parking lots.
Council Members: Please read this and do not refer to the opposition to building State Mandated Low Cost Apartments on the Downtown Parking Lots as: "Anti-housing" or "Not in my back yard" (NIMBY).
The Save Downtown Opposition is based on "Legality" Not "Bias" or "Politics".
https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fSaveDowntownMenlo.org&c=E,1,-UH7oo21D72UUrmgRHoJb5vY4KPhzABXfGQeTO7WaWXqilnmoAQbaTBfOmUBKwRzqQJhdTKHoXAgNbq5vWrJsaf9zZd_FMTccjz80hR1jJNo&typo=1 website actually encourages housing at much better locations.
Here are the facts:
The Parking Lots have a "cloud on the title" (like an easement) in favor of the adjoining property owners, the furniture stores, hardware, salons, restaurants, dentists, doctors, banks and business offices, . . . that they paid for, and they have a vested interest in the parking lots continued use "AS IS".
More importantly: Public records confirm that: ANY CHANGE to any of the parking lots use REQUIRES a vote of 51% of those property owners. ("Change" includes building a parking ramp and apartments ).
That is a LEGAL hurdle that makes it IMPOSSIBLE for a mere 3 people on the city council to go forward with a vote to declare the parking lots as "Surplus Land" and give the parking lots to a PRIVATE DEVELOPER for $1.
There is: A pending lawsuit on this issue, AND a ballot measure VOTE in November; that must be resolved FIRST.
Also, considering the fact that Menlo Park is in a multi-million dollar Financial Deficit, any tax payer money spent on this project, is an irresponsible waste of time and money (a violation of fiduciary duties).
There are multiple other, better locations for Low Cost State Mandated Apartments.
I recommend a vote of "YES" on the November ballot measure, to honor the promises made by Menlo Park to the Downtown Store owners and the merchants who provide our Local Access to essential services.
These are the legal reasons for a "YES" vote on the November Ballot Measure.
Mike
Also: The Parking lots are nearly 100% occupied on every business day; therefore, the city council should NOT declare them "Surplus Land". They are "Essential Elements" of a Vibrant Downtown.
Council members: Please Vote "YES" in November.
Sent from my iPhone
