From: David Bubenik
To: Council, City; Clerk, City
Cc: Herb Borock; Renzel, Emily
Subject: Re: September 29, 2025 City Council Meeting, Item #7: Roth Building Grant Application Date: Monday, September 29, 2025 11:18:32 AM
I concur with Herb Borock And Emily Renzel. The city has certified since 2021 that the Roth Building parcel will be used for park purposes. Therefore, if the city charter has any real effect, the city must explicitly permanently dedicate the land to park purposes. You have no choice.
As a practical matter the city has invested millions of dollars to rehabilitate the public Roth Building. Finish the job. Respect the city charter. Dedicate the land as park.
David Bubenik
On 9/28/2025 4:55 PM, Emily Renzel wrote:
I agree 100% with Herb Borock’s letter requesting that the item be moved from consent to the regular agenda for the purpose of dedicating all the parkland that was promised in the SOFA Coordinated Area Plan.
Thank you for protecting all
our parks.
Emily Renzel
On Sep 28, 2025, at 4:05 PM, herb
wrote:
SEPTEMBER 29, 2025 CITY COUNCIL MEETING
AGENDA ITEM #7: ROTH BUILDING GRANT
APPLICATION
September 28, 2029
I urge you to remove this item from the
Consent Calendar so that it can be an Action
Item on the October 20, 2025 City Council
meeting agenda to provide the time for you to
dedicate the property as parkland as required
by the Palo Alto Charter before approving the
draft resolution that asserts "The Project is
located on land that will be continually used
for park purposes for a minimum of 20 years".
Palo Alto Charter Article VIII "Parks" and
Appendix A were adopted by the voters at the
May 1965 election when Proposition 2 was
approved by a vote of 7,831 in favor of the
proposition and 1,356 against the proposition.
Palo Alto Charter Appendix A incorporates the
State's procedures to be used for public
notice of a proposed park dedication and for
discontinuing park dedication.
The adopted Charter Article VIII provides that
"All lands owned or controlled by the city
which are or will be used for park,
playground, recreation or conservation
purposes shall be dedicated for such purposes
by ordinance."
When this agenda item is moved to the October
20, 2025 City Council meeting Action Agenda,
you should also direct staff to initiate the
process for dedicating the project property as
parkland by timely posting the public notices
required by Charter Appendix A and by placing
an urgency ordinance to dedicate the project
property as parkland on the October 20, 2025
Action Agenda immediately preceding the agenda
item for the Roth Building Grant Application.
The Roth Building property was acquired by the
City after it acted on March 27, 2000 to adopt
the South of Forest Avenue Coordinated Area
Plan Phase I and approved a development
agreement between the City and the Palo Alto
Medical Foundation (PAMF) for PAMF's prior
location that now includes Heritage Park and
the Roth Building.
The adopted PAMF development agreement
included a provision for PAMF to dedicate 1.00
acres for parkland and for the City to
purchase the adjacent 1.41 acres for parkland.
The City combined the 1.00 acres PAMF
dedication with 1.01 acres of the purchased
1.41 acres to create the 2.01 acres SOFA
Coordinated Area Plan Phase I Park that was
later renamed Heritage Park, leaving the 0.40
acres Roth Building property undedicated.
The PAMF development agreement intended that
the Roth Building property be used for
"neighborhood park and facility purposes if
financially feasible" but be made available
for resale by the City for private purposes
"if public facility use is not financially
feasible."
The development of the Palo Alto History
Museum on the Roth Building property and the
designation by the City that the property will
be continuously used for park purposes means
that the impediment of financial feasibility
to park dedication for the Roth Building
property has been removed.
(For background see Ordinance No. 4815 and
Ordinance No. 4838.)
When the City leases property from somebody
else and dedicates that property for park
purposes, the park dedication ordinance must
limit park dedication to the length of the
lease.
However, since the City owns the Roth Building
property, park dedication for the property
should be without time limit.
At any future date, the City Council or the
voters can place a measure on the ballot to
remove the property from park dedication just
as the proponents of Measure E placed a
measure on the ballot to remove ten acres of
the Baylands from park dedication.
City Councils have repeatedly assured the
County Grant Program that the Roth Building
property will be continuously used for park
purposes without anyone advising the County
that the City has not followed the requirement
in the City Charter to dedicate the property
for park purposes.
Should the County Grant Program learn that
Palo Alto has claimed that the property will
be used for park purposes but has failed to
dedicate the property to park purposes as
required by the Palo Alto Charter, the County
is likely to deny the request for grant funds
and demand the return with interest of those
grant funds previously awarded when the City
asserted that the property would be used for
park purposes without the City abiding by its
own requirement to dedicate the property for
park purposes.
Therefore, I urge you to: (1) move this agenda
item #7 to appear as an action item on your
October 20, 2025 agenda, (2) direct staff to
place an urgency ordinance for park dedication
of the Roth Building property on your October
20, 2025 agenda preceding the item for the
grant application; and (3) direct staff to
post timely notices of the proposed park
dedication pursuant to the procedures in
Charter Appendix A.
Thank you for your consideration of these
comments.
Herb Borock
From: Emily Renzel
To: Council, City; Clerk, City
Cc: Herb Borock
Subject: Re: September 29, 2025 City Council Meeting, Item #7: Roth Building Grant Application Date: Sunday, September 28, 2025 4:55:36 PM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
i
I agree 100% with Herb Borock’s letter requesting that the item be moved from consent to the regular agenda for the purpose of dedicating all the parkland that was promised in the SOFA Coordinated Area Plan.
Thank you for protecting all our parks.
Emily Renzel
On Sep 28, 2025, at 4:05 PM, herb wrote:
SEPTEMBER 29, 2025 CITY COUNCIL MEETING
AGENDA ITEM #7: ROTH BUILDING GRANT APPLICATION
September 28, 2029
I urge you to remove this item from the Consent
Calendar so that it can be an Action Item on the
October 20, 2025 City Council meeting agenda to
provide the time for you to dedicate the property as
parkland as required by the Palo Alto Charter before
approving the draft resolution that asserts "The
Project is located on land that will be continually
used for park purposes for a minimum of 20 years".
Palo Alto Charter Article VIII "Parks" and Appendix A
were adopted by the voters at the May 1965 election
when Proposition 2 was approved by a vote of 7,831 in
favor of the proposition and 1,356 against the
proposition.
Palo Alto Charter Appendix A incorporates the State's
procedures to be used for public notice of a proposed
park dedication and for discontinuing park dedication.
The adopted Charter Article VIII provides that "All
lands owned or controlled by the city which are or
will be used for park, playground, recreation or
conservation purposes shall be dedicated for such
purposes by ordinance."
When this agenda item is moved to the October 20, 2025
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City Council meeting Action Agenda, you should also
direct staff to initiate the process for dedicating
the project property as parkland by timely posting the
public notices required by Charter Appendix A and by
placing an urgency ordinance to dedicate the project
property as parkland on the October 20, 2025 Action
Agenda immediately preceding the agenda item for the
Roth Building Grant Application.
The Roth Building property was acquired by the City
after it acted on March 27, 2000 to adopt the South of
Forest Avenue Coordinated Area Plan Phase I and
approved a development agreement between the City and
the Palo Alto Medical Foundation (PAMF) for PAMF's
prior location that now includes Heritage Park and the
Roth Building.
The adopted PAMF development agreement included a
provision for PAMF to dedicate 1.00 acres for parkland
and for the City to purchase the adjacent 1.41 acres
for parkland.
The City combined the 1.00 acres PAMF dedication with
1.01 acres of the purchased 1.41 acres to create the
2.01 acres SOFA Coordinated Area Plan Phase I Park
that was later renamed Heritage Park, leaving the 0.40
acres Roth Building property undedicated.
The PAMF development agreement intended that the Roth
Building property be used for "neighborhood park and
facility purposes if financially feasible" but be made
available for resale by the City for private purposes
"if public facility use is not financially feasible."
The development of the Palo Alto History Museum on the
Roth Building property and the designation by the City
that the property will be continuously used for park
purposes means that the impediment of financial
feasibility to park dedication for the Roth Building
property has been removed.
(For background see Ordinance No. 4815 and Ordinance
No. 4838.)
When the City leases property from somebody else and
dedicates that property for park purposes, the park
dedication ordinance must limit park dedication to the
length of the lease.
However, since the City owns the Roth Building
property, park dedication for the property should be
without time limit.
At any future date, the City Council or the voters can
place a measure on the ballot to remove the property
from park dedication just as the proponents of Measure
E placed a measure on the ballot to remove ten acres
of the Baylands from park dedication.
City Councils have repeatedly assured the County Grant
Program that the Roth Building property will be
continuously used for park purposes without anyone
advising the County that the City has not followed the
requirement in the City Charter to dedicate the
property for park purposes.
Should the County Grant Program learn that Palo Alto
has claimed that the property will be used for park
purposes but has failed to dedicate the property to
park purposes as required by the Palo Alto Charter,
the County is likely to deny the request for grant
funds and demand the return with interest of those
grant funds previously awarded when the City asserted
that the property would be used for park purposes
without the City abiding by its own requirement to
dedicate the property for park purposes.
Therefore, I urge you to: (1) move this agenda item #7
to appear as an action item on your October 20, 2025
agenda, (2) direct staff to place an urgency ordinance
for park dedication of the Roth Building property on
your October 20, 2025 agenda preceding the item for
the grant application; and (3) direct staff to post
timely notices of the proposed park dedication
pursuant to the procedures in Charter Appendix A.
Thank you for your consideration of these comments.
Herb Borock
From: herb
To: Council, City; Clerk, City
Subject: September 29, 2025 City Council Meeting, Item #7: Roth Building Grant Application Date: Sunday, September 28, 2025 4:06:14 PM
CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links.
SEPTEMBER 29, 2025 CITY COUNCIL MEETING
AGENDA ITEM #7: ROTH BUILDING GRANT APPLICATION
September 28, 2029
I urge you to remove this item from the Consent Calendar so that it can be an Action Item on the October 20, 2025 City Council meeting agenda to provide the time for you to dedicate the property as parkland as required by the Palo Alto Charter before approving the draft resolution that asserts "The Project is located on land that will be continually used for park purposes for a minimum of 20 years".
Palo Alto Charter Article VIII "Parks" and Appendix A were adopted by the voters at the May 1965 election when Proposition 2 was approved by a vote of 7,831 in favor of the proposition and 1,356 against the proposition.
Palo Alto Charter Appendix A incorporates the State's
procedures to be used for public notice of a proposed park dedication and for discontinuing park dedication.
The adopted Charter Article VIII provides that "All lands owned or controlled by the city which are or will be used for park, playground, recreation or conservation purposes shall be dedicated for such purposes by ordinance."
When this agenda item is moved to the October 20, 2025 City Council meeting Action Agenda, you should also direct staff to initiate the process for dedicating the project property as parkland by timely posting the public notices required by Charter Appendix A and by placing an urgency ordinance to dedicate the project property as parkland on the October 20, 2025 Action Agenda immediately preceding the agenda item for the Roth Building Grant Application.
The Roth Building property was acquired by the City after it acted on March 27, 2000 to adopt the South of Forest Avenue Coordinated Area Plan Phase I and approved a development agreement between the City and the Palo Alto Medical Foundation (PAMF) for PAMF's prior location that now includes Heritage Park and the Roth Building.
The adopted PAMF development agreement included a provision for PAMF to dedicate 1.00 acres for parkland and for the City to purchase the adjacent 1.41 acres for parkland.
The City combined the 1.00 acres PAMF dedication with 1.01 acres of the purchased 1.41 acres to create the 2.01 acres SOFA Coordinated Area Plan Phase I Park that was later renamed Heritage Park, leaving the 0.40 acres Roth Building property undedicated.
The PAMF development agreement intended that the Roth Building property be used for "neighborhood park and facility purposes if financially feasible" but be made available for resale by the City for private purposes "if public facility use is not financially feasible."
The development of the Palo Alto History Museum on the Roth Building property and the designation by the City that the property will be continuously used for park purposes means that the impediment of financial feasibility to park dedication for the Roth Building property has been removed.
(For background see Ordinance No. 4815 and Ordinance No. 4838.) When the City leases property from somebody else and dedicates that property for park purposes, the park dedication ordinance must limit park dedication to the length of the lease.
However, since the City owns the Roth Building property, park dedication for the property should be without time limit.
At any future date, the City Council or the voters can place a measure on the ballot to remove the property from park
dedication just as the proponents of Measure E placed a measure on the ballot to remove ten acres of the Baylands from park dedication.
City Councils have repeatedly assured the County Grant Program that the Roth Building property will be continuously used for park purposes without anyone advising the County that the City has not followed the requirement in the City Charter to dedicate the property for park purposes.
Should the County Grant Program learn that Palo Alto has claimed that the property will be used for park purposes but has failed to dedicate the property to park purposes as required by the Palo Alto Charter, the County is likely to deny the request for grant funds and demand the return with interest of those grant funds previously awarded when the City asserted that the property would be used for park purposes without the City abiding by its own requirement to dedicate the property for park purposes.
Therefore, I urge you to: (1) move this agenda item #7 to appear as an action item on your October 20, 2025 agenda, (2) direct staff to place an urgency ordinance for park dedication of the Roth Building property on your October 20, 2025 agenda preceding the item for the grant application; and (3) direct staff to post timely notices of the proposed park dedication pursuant to the procedures in Charter Appendix A.
Thank you for your consideration of these comments.
Herb Borock