Facing a community backlash about insufficient transparency, Palo Alto officials abruptly canceled on Monday, Aug. 21, their plan to meet behind closed doors to discuss a potential purchase of Cubberley Community Center land.
In a highly unusual move, the City Council defied a staff recommendation and declined to take what is normally a largely procedural vote to enter into a closed session.
Instead, council members unanimously agreed to schedule a public hearing to gather community feedback before diving into negotiations with the Palo Alto Unified School District, which owns 27 acres in the sprawling, dilapidated and heavily used center at 4000 Middlefield Road.
The city, which owns the remaining 8 acres, is considering various options for expanding its Cubberley footprint and rebuilding the community center.
One option that has been floated by city officials is swapping Terman Park, which is located on Arastradero Road next to Fletcher Middle School, for Cubberley space. That proposal has galvanized significant opposition from residents of the Green Acres neighborhood, which is near Terman Park.
In the leadup to the Monday's scheduled discussion, dozens of residents had submitted letters urging the council not to move ahead with the swap, which they fear will limit their access to Terman Park.
Elaine Heal, who lives in the neighborhood, told the council Monday that someone in her family uses Terman Park every day, whether to walk the dog, stroll along its path or kick the soccer ball at the athletic fields.
"It's really the only field my kids can walk to quite easily and practice soccer, with goals and everything," Heal told the council.
The council also received a stack of letters protesting the proposed swap, including some from students and staff at Bowman School, which is next to both Fletcher school and Terman Park.
Katie Mueller, the school's director of community development, submitted photos, drawings and letters created by its first- , second- and third-grade students to demonstrate their love for Terman Park. The pictures — which included rainbows, grassy fields, stick figures playing catch — intended to demonstrate that "the idea of Terman Park is inextricably intertwined with fun and friendship," she wrote.
"If it falls under the ownership of PAUSD, they will have complete control, and our voices and opinions will not be taken into consideration," Mueller wrote.
"Whatever their immediate plans for the area, there is no telling what may come down the road if the parkland is un-dedicated. The only way to truly protect it is to keep it as a city-owned park," she wrote.
Green Acres residents weren't the only ones crying foul about the scheduled closed session. Penny Ellson, a civic activist who had served on the Cubberley Community Advisory Committee Member, urged the council to "properly engage the public before closing your doors."
"This is improper process, lacking transparency and thoughtful engagement of the public," Ellson wrote to the council on Aug. 20.
"This item should be pulled so it can be preceded by a regular agenda item in which the public can hear and comment on what is being considered for Cubberley and what the city is planning to build."
City Attorney Molly Stump emphasized at the beginning of the Monday meeting that the scheduled closed session would not include consideration of Terman Park but rather be limited to discussing price and terms of Cubberley space.
City staff had also provided the council with a confidential memo prior to the session with an overview of these subjects.
"There won't be any other park sites or anything else discussed in closed session tonight," Stump said.
But even with that provision, council members agreed that meeting behind closed doors is both premature and sends the wrong message.
Council member Pat Burt proposed nixing the closed session and scheduling a public hearing to consider possible Cubberley alternatives. He noted that the Brown Act only allows the council to discuss the terms and price of real estate transactions.
"I'm at a loss of how we can have that discussion without having gone through the narrowing of alternatives of which method we'd want to pursue to acquire the land and how much land," Burt said.
He and others also made the case for having a more robust public process.
"Whatever we do at Cubberley has been lingering out there for decades," Burt said. "This is going to be a very important decision, hopefully a very positive move forward.
"But the public input on this is not only their right, but it is a value that we place in hearing all the different stakeholders and exploring all the alternatives in the sort of way that we do as a public body."
Vice Mayor Greer Stone concurred and said it will be critical for the city to be transparent when it comes to Cubberley.
"This is going to be one of the largest projects that the city is undertaking in the next several years," Stone said.
"It's been ongoing for decades now. To start this process off in this way is not the way we want to gain the community trust and share in the community partnership," he said.
For the council, the need to get community support for Cubberley's redevelopment isn't just matter of civic ideals but also a reflection of practical realities. Any potential redevelopment of the 35-acre center would be an expensive endeavor — one that would likely require a voter-approved revenue source.
Similarly, voters would need to weigh in on any potential "undedication" of existing parkland, whether at Terman Park or elsewhere. In short, the project would need to be popular to be successful.
Council members, for their part, are eager to make progress on Cubberley after more than a decade of false starts and dashed hopes.
Three years ago, the council and the school district completed a joint planning process led by the consulting firm Concordia — an exercise that involved hundreds of residents and that led to the creation of a master plan recommending a complete Cubberley redevelopment.
The plan envisioned a community center that is shared by the city and the school district and that features a new wellness center, theater, swimming pool, classroom spaces and other amenities.
Shortly after the plan was finalized, however, the school district informed the city that it had no intention of replacing the existing gym and theater space and that it cannot legally help pay for any Cubberley projects that do not directly relate to education. The Concordia plan quickly fizzled.
Now the momentum is once again picking up. Just about every candidate who ran for council last year strongly advocated for Cubberley redevelopment, noting the decades of inertia and the worsening dilapidation at the valuable community center.
The discussions picked up in March, when the school board submitted to the city a letter clarifying that it is willing to part with about 8 acres of land and urging the city to make an offer.
Local architect David Hirsch subsequently released a Cubberley plan that would focus initial construction on the city-owned land and that would open up space at the center by shifting surface parking into new underground garages.
Council member Vicki Veenker spoke for the majority when she argued Monday that it's time to act on Cubberley, which she described as "somewhat of an embarrassment to the city today when it could be a source of pride."
"We all agree that something must be done about Cubberley because it's a community gem that is crusted over with the detritus of many good uses and the deterioration borne of time," Veenker said. "And we're all frustrated with the delay and eager to see this move forward."
Comments
Registered user
Green Acres
on Aug 21, 2023 at 9:11 pm
Registered user
on Aug 21, 2023 at 9:11 pm
Very nice to see the Council choosing transparency even after pushback from City staff. Thanks to all the community members who made their voices heard to help stop Terman Park from being thrown under a (school?) bus!
Registered user
Embarcadero Oaks/Leland
on Aug 21, 2023 at 9:24 pm
Registered user
on Aug 21, 2023 at 9:24 pm
It would have been nice to see staff pushing for transparency. For a change. Maybe this will encourage them to improve their community outreach as a general rule since it's been so sadly lacking for decades.
Registered user
College Terrace
on Aug 22, 2023 at 1:06 am
Registered user
on Aug 22, 2023 at 1:06 am
As long as this “new” transparency plan includes a skateboard park and low income housing, I am all in. Green Meadow Neighborhood Association has a metaphoric noose around some CC / PTC members. It appears GM SFHO (Greenmeadow Single Family Home Owners, abutting Cubberely) have a plan of their own design & making.
Excluding the larger community investitures .
Concordia talked of 8 Pickle ball courts?? zipping a tie to exclusively to the 50yrs or older set, locking down access & design rights away from many others in the outer community — teenagers 4 one..
Article states: 1000’s attended the 4 Thurs eve Charente mtgs. Many of those were repeat GreenMeadow interests of the same residents, crying 4 their own private, Club Cubberely.
Based on what? Their homeownership taxes? Wrong. Penny Ellison speaks about “community” yet she is solely vested as a GreenMeadow, SFHOA member. Her voice is big, yet the population of Palo Alto is larger than the longevity of her singular volunteer voice.
Since when does GreenMeadow SFHO get to decide who or what happens to Cubberely? Is this 5th Ave NYC along Central Park? Do their Green Meadow property values go up or down based on a City entity plan for Cubberely? Most in GreenMeadow are SfHO’s with good working back & front yards. Yet demand more space?
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Registered user
Another Palo Alto neighborhood
on Aug 22, 2023 at 11:45 am
Registered user
on Aug 22, 2023 at 11:45 am
Fact: Greenmeadow has no plan for Cubberley, nor does the city as far as the public knows.
Greenmeadow Community Association recently supported a 50-unit, 100% affordable housing project on less than an acre across the street from the neighborhood's Nelson Drive entrance, two blocks away from Cubberley. The housing project parking and traffic will certainly impact neighborhood school routes, but it was supported by a majority of neighbors even though the developer would not mitigate impacts. To say the neighborhood generally opposes housing is not factual. If we want to build support for housing, it would be helpful to acknowledge support when it is given.
Penny Ellson wrote as an individual pointing out that Council had not yet voted in a public meeting to give clear direction to guide the closed door negotiations. This is improper. Whatever Council decides to do--swap park land or build on the city's current holdings at Cubberley (bond measure)--it will have to go to voters on a ballot. Building consensus through public process is important. Appearance of shutting out the public could derail a successful outcome for any plan.
Robust public process generally yields better outcomes at the ballot box.
Registered user
Green Acres
on Aug 22, 2023 at 11:58 am
Registered user
on Aug 22, 2023 at 11:58 am
I contacted all the city council members on this issue, and I want to thank them for changing this meeting to be open to public comment. Two members took the time to talk with me on the phone and one responded to my email. I appreciate their efforts to let me know how they view this issue.
I think I now understand one of the major sticking points. I was told that there was misinformation circulating in my Green Acres neighborhood because we want Terman Park to keep its dedicated status. And I was told that council's intent would be to keep Terman Park as it is but if there is a swap (which means Terman Park has to become undedicated), council would make sure to require binding obligations that the park remain as is. I was told that currently there are statewide restrictions that public schools cannot sell off land as they have done in the past.
This is where the main problem lies: State law could change again or could have added exceptions to that provision. Legislators have lately been enacting sweeping legislation that overrides local control of housing, ignores environmental and infrastructure concerns, allowing builders free rein. A current state law is not to be depended on in keeping Terman Park a park.
Once the park becomes undedicated, then it can be subject to modifications, even if initially there are binding requirements.
As our cities become denser and denser, our parks become even more precious.
Registered user
Green Acres
on Aug 22, 2023 at 3:32 pm
Registered user
on Aug 22, 2023 at 3:32 pm
@pares
The related question that nobody seems able to answer is "what exactly is it the PAUSD wants to do with Terman Park that requires them to own it?" PAUSD already has enshrined full access to the park for its students and staff; no status change is needed for that.
The only possibility I can think of is that PAUSD wants the right to build buildings on all or part of the current park land.
Otherwise, they gain no value from owning the Terman Park land and leaving it unchanged, and should instead welcome gaining a different city-owned property instead (of which there are apparently many).
Registered user
Monroe Park
on Aug 22, 2023 at 6:42 pm
Registered user
on Aug 22, 2023 at 6:42 pm
Article says: “The discussions picked up in March, when the school board submitted to the city a letter clarifying that it is willing to part with about 8 acres of land and urging the city to make an offer.”
City Attorney says Terman isn’t up for discussion.
Why not meet and discuss an offer amount as requested by PAUSD? Typical City Council: kick the can down the road and do nothing. That’s the Palo Alto way!
Registered user
Green Acres
on Aug 22, 2023 at 7:15 pm
Registered user
on Aug 22, 2023 at 7:15 pm
Re:"City Attorney says Terman isn’t up for discussion."
That statement applied only to the closed session discussion at this meeting.
Terman Park had been the only property mentioned for swapping at the earlier May 2023 "study session" even though others exist. It makes sense to first have an actual open discussion of which city properties we are willing to swap to the school district before setting a price and terms, because otherwise what are we setting a price for?
Registered user
Adobe-Meadow
on Aug 23, 2023 at 9:39 am
Registered user
on Aug 23, 2023 at 9:39 am
Every time I go by the fields at CHS there are kids playing on teams. There are kids in the buildings for dance and Marshall Arts. there are rooms rented by non-profits for their special interest meetings. The Friends of PA Library have their large book sales operation. There is an adult fitness group with dedicated space. I have voted there. It is a giant resource for all and any groups that need a place to meet - including music groups.
RWC has Red Morton Park - it is in an older lower rent location on Roosevelt St. It has all kinds of city sponsored events and school camps. It is a valued resource in the city. It is a gathering place for kids and adults for their cultural events.
If you have a valued resource then take care of it. Do not let it deteriorate so you can claim that it has become too deteriorated and has to come down. We all know that trick to justify redevelopment.
Registered user
Adobe-Meadow
on Aug 23, 2023 at 2:54 pm
Registered user
on Aug 23, 2023 at 2:54 pm
Absolutely outrageous that anyone would even suggest putting housing at cubberley! We need cubberley and terman park as accessible places for all members of the community to use. There are not enough easily walkable places to exercise without them in Palo Alto. Palo Alto is supposed to be walkable and enjoyable. This crusade for housing which will churn up our climate change footprint has gone way too far, and is completely insane
Updating the theatre, gym, and classrooms wouldn't be bad, but is completely unnecessary. Cubberley is chock full of people using and enjoying all three, pretty much all of the time. Don't let silly suburbian people and their vanity tell you that we need super expensive upgrades to a perfectly functional building.
Registered user
College Terrace
on Aug 23, 2023 at 11:47 pm
Registered user
on Aug 23, 2023 at 11:47 pm
Housing might be considered everywhere that can accommodate. Why not Cubberely? Sorry to say those who advocate walking and stretching thier bodies beyond thier privately owned front & back yards & garages who appear to have some kind of investiture on acreage beyond their SFHO driveways (single family home ownership) are just wrong. Since when does a defunct school site become the property beyond a SFHO? Just because it’s over the fence of your property line how do you get the authority to decide? WE HAVE TO get homes built for those who work here. Not more pickle ball courts and a place to do your core quads. As stated many times, stack & pack is not good design but desperation and offloading the solution. We all share this climate and all breathe the same air and WE all must work together to solve it. Housing yes on Cubberely! Across the street housing for a select few in the population mix or in an alley or away from this sight is straw making. Let’s make hay which feeds more of our collective souls.
Registered user
Old Palo Alto
on Aug 24, 2023 at 2:32 am
Registered user
on Aug 24, 2023 at 2:32 am
As if art was all the sudden the deciding benefactor to the Cubberely outcome. Art in this town has been extremely undermined, depleted & void of any social / cultural imperative. Above it’s being exploited for a personal lobbying means. Shame.
Registered user
Duveneck/St. Francis
on Aug 24, 2023 at 2:22 pm
Registered user
on Aug 24, 2023 at 2:22 pm
No low income housing.
The central city wide highly valued Cubberley location must serve Palo Alto community. This gem is for city wide use.
Registered user
Old Palo Alto
on Aug 26, 2023 at 1:42 am
Registered user
on Aug 26, 2023 at 1:42 am
@Annonomous so low income housing and it inhabitants do not serve the wider Palo Alto population and are not considered a “gem” for economic use?? Support FFH for all. Appears from your post the Cubberely future plan is only to serve a select few to your personal liking and/or devising. Housing yes. Homes for more, better.
Registered user
University South
on Sep 1, 2023 at 4:35 pm
Registered user
on Sep 1, 2023 at 4:35 pm
I agree with Mayfielder! Why not meet and discuss the terms that the PAUSD wanted.for seven acres at Cubberley. That was the purpose of the closed session. The City Council caved to the many people who showed up with signs at their Monday’s meeting. Why can Mountain View and Menlo Park redevelop their community centers in the last few years, but not here in Palo Alto? We need “courageous” leaders on our Council.
Registered user
Adobe-Meadow
on Sep 6, 2023 at 12:04 pm
Registered user
on Sep 6, 2023 at 12:04 pm
Amazing - the people who want to turn CHS into housing live in the north section of town. Do they ever venture to CHS to see all of the great activities that go on there? The reason that people live here in PA total is because we have places for our children and adults to go to for play and education. Places for the non-profits to meet and have a dedicated room for their causes. Every city has that function. WE pay to have what every other city has for their residents.
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