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Peter MacDonald From: Peter MacDonald <pmacdonald@macdonaldlaw.net> Sent: Monday, December 3,2012 9:29 PM To: Jerry Thorne;Cheryl Cook-Kallio; Matt Sullivan;Cindy McGovern; Hosterman,Jennifer Cc: Scott Raty; Laura Olson; Brian Dolan; pmacdonald @macdonaldlaw.net Subject: Item 10-City Council Agenda Dec.4,2012 - In Lieu Parking Agreement Attachments: 121203 In Lieu Parking Ordinance Pleasanton Municipal Code.pdf Good evening Members of Council, I am writing in support of the recommendation to authorize the City Manager to negotiate an In Lieu Parking Agreement for 511 Main Street. First let me express my thank you to the City Council for reaching a unanimous vote to adopt rules supportive of increased hospitality in downtown Pleasanton. I am writing only on behalf of myself, and not any client or organization. The potential for high quality private re-development at the corner of Main Street and Rose Avenue is worthy of using your authority with creativity to bring needed private investment into the heart of downtown. The concept plan is attractive. That said, the real issue is on what terms the in lieu parking agreement comes back to City Council. Several thoughts to consider are: 1. If creation of a plaza with $415,000 is the basis for waiving the requirement for 23 parking spaces, then how will the increased demand for 23 parking spaces be addressed? One possibility would be deposit of$401,695 from the Park Fund into the In Lieu Parking Fund. Unless funds are accumulated as parking demand is increased, the demand will be left unmet. 2. The Parking Ordinance provides rules for in lieu parking agreements (attached). That ordinance will need amendment to permit this planned in lieu parking agreement. I support making the amendment, but care should be taken to assure that the rules adopted will have general applicability, and perhaps encourage more revitalization. 3. Its easy to forget that prior to the 2002 Downtown Specific Plan, the parking ordinance allowed a parking waiver as of right for downtown building expansions up to 25% in floor area, which led to many historic buildings being expanded and rehabilitated. That may not be the exact rule to use now, because I think we need the in lieu fees for more public parking in downtown. Creation of public parking needs to be a priority because public parking spaces satisfy more than their share of parking demand, handling different peak uses at different times of the day.. There is also a major need for downtown overflow parking during large events, which can only be handled with public parking, possibly on the railroad corridor between Spring Street and Ray Street. 4. I cannot help but worry how the property owner is faring, after having a purchaser in contract back away when the property was downzoned to prohibit banks. I can only hope that the increased An, density, together with the discovery of ample sewer capacity in this old bar, has resulted in a purchase price at least equal to the prior offer.