Hi Maria: I appreciate your response to my email. However, since the City Council study session on August 27th to consider downtown lots 1, 2, & 3 as "surplus land", the City held one public meeting five (5) days ago on November 14th. As an owner of three properties downtown, I received exactly zero pieces of mail from the City notifying me of the City recommendations or its intent. I appreciate your statement below, "Tonights meeting is just one step in a long process. There are many, many ongoing avenues for public engagement, where the City will continue to engage local businesses and the public in decisions." However, your statement directly contradicts Principal Planner Tom Smiths presentation last Thursday. Mr. Smith stated that its the Citys intention to begin the developer selection process in a few weeks in December via the RFQ/RFP process, select a developer, and finalize project entitlements by the end of 2025. Further, in the Almanac on August 28th, Environmental Quality Commission Chair Jeff Schmidt stated about this project: "I think the level of urgency and speed with which we need to continue to move is really important. I would encourage accelerating the process". So, which one is it? Does the City really want a lengthy process with many, many avenues for engagement as you state, or "accelerating the process" as Mr. Schmidt advocates? City Council should understand the palpable frustration amongst its constituents based on 1) conflicting statements such as these by City leaders and 2) the lack of communication or genuine outreach since the City August 27th recommendation. Respectfully, Kevin Cunningham Cell: (650)283-9546 -----Original Message----- From: Doerr, Maria <MDoerr@menlopark.gov> Sent: Tuesday, November 19, 2024 12:01 PM To: Cunningham, Kevin <Kevin.Cunningham@nmrk.com> Subject: [External] Re: Abuse of Authority for City to Declare Downtown Parking Lots 1,2,3 as "Surplus Land" [You dont often get email from mdoerr@menlopark.gov. Learn why this is important at https://aka.ms/LearnAboutSenderIdentification ] Hi Kevin, Thanks for your input. I appreciate your concern and alarm, and I hope the following details clarify what the conversation tonight is about and where we are in the process. ~Background~ To address the housing crisis in California, the California Department of Housing & Community Development (HCD) has directed each community in the state to build more housing across all affordability levels. Cities were required to identify potential housing sites through their Housing Elements-plans that outline opportunity sites and how many housing units could be developed. In Menlo Park, the city-owned downtown parking lots were identified by HCD in 2022 as high-potential sites for housing and were included in our Housing Element as a key strategy to meet state requirements. You can read more about the Citys Housing Element and the process used here: https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fmenlopark.gov%2fGovernment%2fDepartments%2fCommunity-Development%2fPlanning-Division%2fComprehensive-planning%2fHousing-Element%2f2023-2031-Housing-Element-Update&c=E,1,Gyq6NOCvBJ0bCNHnkIF2mhIKr3uoeB-JfGE5dEXO46m-L5Ehxhn7t6dijldzqz_d_7ZW3TYpF1iL4Phkn0AWBcgYqEzQ8RcjiLCmR1q7shTxY8Ctb74DMllTrQ,,&typo=1. It also includes information about the downtown parking lots. ~Where we are in the process~ I want to emphasize that no decisions have been made regarding the development of these sites. No housing projects have been proposed, no developers are involved, and nothing will be built imminently. Tonights City Council meeting will include two key discussion items: 1. Declaring Parking Lots 1, 2, and 3 as "surplus" This is a formal designation required by the state before any exploration of development can proceed. Declaring these lots as surplus does not mean they will be immediately developed. It merely allows the City to consider shared uses for the lots (e.g., housing and parking). 2. Discussing a draft Request for Qualifications (RFQ) The RFQ will outline the Citys broad goals for a potential project (e.g., minimum housing units, affordability levels, parking requirements, mixed-use considerations, park inclusion, etc.). This is an important opportunity for public input about what the project should include. At prior public meetings, the importance of adequate parking has been a major topic of conversation, and I am sure it will be included in the draft RFQ tonight. Once finalized, the RFQ would invite developers, including nonprofits like Habitat for Humanity or MidPen Housing, to submit proposals for consideration. Even at that point, nothing would be approved or built without further public review and input - including, importantly, input from local businesses. ~Ongoing Public Engagement~ Tonights meeting is just one step in a long process. There are many, many ongoing avenues for public engagement, where the City will continue to engage local businesses and the public in decisions. Future opportunities for public involvement (after the RFQ is drafted and shared) include reviewing developer proposals and selecting a developer, reviewing and refining their draft project plans, assessing potential impacts, and deciding on associated community benefits. You can view tonights specific agenda item here: https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fmenlopark.gov%2ffiles%2fsharedassets%2fpublic%2fv%2f1%2fagendas-and-minutes%2fcity-council%2f2024-meetings%2fagendas%2f20241119%2fg1-20241119-cc-downtown-parking-plaza-sla.pdf&c=E,1,4zrXYE4AosRGnqSpS_hWIvIyLKkPfoFPAX2GqFYgQha4VhCboRUkpfae3eiyfHyFp1b7dKfr49ynHXB0wctj2h1b1nm6cnEfRERGHfAP7XOHXA,,&typo=1 The meeting tonight builds off of related public meetings that have been happening with the Housing Commission, Planning Commission, and City Council over the last months. To stay up to date about related meetings, Id encourage you to subscribe to the weekly City digest here: https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fpublicinput.com%2fhub%2fSubscriptions%2f2463%3ftopicId%3d9987&c=E,1,lKWuBqppkI-sARTVb29ccfhPrdRN-7ibExnCBpS2EvV1bUb4XcwEpccbC13tc3QjrSbCCC4rApV3lnzhxdlwI8XSQf8Q0GBfinu_lfkAbNg,&typo=1 I hope this helps! I share your desire to see a vibrant, safe downtown and believe we can get there together. Our downtown businesses are critical partners in this. Kind regards, Maria <https://calendly.com/councilmember-doerr/calls?month=2023-01> [cid:CMP_Email_Logo_100dpi_05d92d5b-e8e3-498f-93a6-d0da509bd602111111111.png] Maria Doerr City Councilmember City Hall - 2nd Floor 701 Laurel St. tel 650-600-1940? https://linkprotect.cudasvc.com/url?a=https%3a%2f%2fmenlopark.gov&c=E,1,qOrRgsOougrww6SXH4ULebubscV4_xdM_8BmTzBldK4qr7BAB58IUpoqaKzLkYc8qGw6netf_j43dlJeulC3c5-OIsfxNJr5sC0QnhSW&typo=1<https://linkprotect.cudasvc.com/url?a=http%3a%2f%2fwww.menlopark.gov%2f&c=E,1,X6ujVdoECQxQvxIwEhbt4cW_5fQfs68rI32Meyiz0XDLdgsEhdfy2O8Xx9BNef7SYpF_Z1B1BCYcELv2RhzongFbUXMRLYDDKXPBRHpT0Yqeo3atr1Zk0LniCEom&typo=1> ________________________________ From: Cunningham, Kevin <Kevin.Cunningham@nmrk.com> Sent: Tuesday, November 19, 2024 11:55:34 AM To: Taylor, Cecilia; jimurphy@menlopark.gov; _CCIN Subject: RE: Abuse of Authority for City to Declare Downtown Parking Lots 1,2,3 as "Surplus Land" Dear Mayor Taylor, City Manager Murphy, & City Council: I am a downtown Menlo Park property owner. Please enter this email in the public record regarding the above captioned matter. The City has failed to provide adequate notice of this meeting to the community. It is an abuse of the Citys authority to declare downtown public parking lots 1, 2, & 3 as "Surplus Land" Pursuant to the Staff report and study entitled "Affordable Housing on City-Owned Downtown Parking Lots Feasibility Study dated August 2024" ( the "Study"), the City Council is being asked to make a finding that the parking lots are no longer "necessary" and declare them to be "Surplus Land". As stated in the Study, the downtown property owners paid for these parking lots through forty (40) years of assessments. The downtown properties continue to have a direct beneficial and equitable interest in these parking lots. The beneficial right to use these lots continue so long as the downtown property owners and their tenants continue to invest and operate their businesses and use these parking lots. Convenient parking is essential to the operation of the downtown businesses and continued tax revenues to the city. A finding that these lots are no longer "necessary" is not supported by the law or facts. Thousands of people who work, visit, and live downtown use them every day. By definition, these three (3) downtown public lots are not "Surplus Land". A declaration that the parking lots are "Surplus Land" ignoring the above is an act of inverse condemnation of the direct beneficial and equitable interests held by the downtown properties and businesses. Unless an agreement is reached, judicial action by the parties may be necessary to request a court to determine the extent and nature of the beneficial and equitable interests and rights of the assessed properties in and to the parking lots. Affordable housing should only be planned and implemented after thorough legal review, relevant impact studies, adequate community input, and consideration of all project ramifications to ensure that this project would have a positive impact for the downtown. Kevin Cunningham (Cell) 650-283-9546 NOTICE: This e-mail message and any attachments are intended solely for the use of the intended recipient, and may contain information that is confidential, privileged and exempt from disclosure under applicable law. If you are not the intended recipient, you are not permitted to read, disclose, reproduce, distribute, use or take any action in reliance upon this message and any attachments, and we request that you promptly notify the sender and immediately delete this message and any attachments as well as any copies thereof. Delivery of this message to an unintended recipient is not intended to waive any right or privilege. 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