HomeMy WebLinkAboutStaff Report 2508-5065CITY OF PALO ALTO
CITY COUNCIL
Monday, September 29, 2025
Council Chambers & Hybrid
5:30 PM
Agenda Item
7.Adoption of a Resolution for the County of Santa Clara Historic Heritage Grant Application
for the Restoration of the Roth Building Frescoes (Phase II); CEQA Status-categorically
exempt. Public Comment
City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Community Services
Meeting Date: September 29, 2025
Report #:2508-5065
TITLE
Adoption of a Resolution for the County of Santa Clara Historic Heritage Grant Application for
the Restoration of the Roth Building Frescoes (Phase II); CEQA Status-categorically exempt.
RECOMMENDATION
Staff recommends that City Council adopt the attached resolution (Attachment A) to apply for
the Historical Heritage Grant Program from the County of Santa Clara to fund the Roth Building
Fresco Phase II Restoration Project. This restoration project will focus on the restoration
treatment of grisaille fresco panels and sepia medallions as part of the fresco mural by artist
Victor Arnautoff, titled Modern and Ancient Medicine, originally painted in 1932 at the site of
the historic Roth Building.
BACKGROUND
A fresco mural by artist Victor Arnautoff, titled Modern and Ancient Medicine and originally
painted in 1932, is located at the entrance to the Roth Building (the former Palo Alto Clinic).
The artwork is part of the City’s public art collection. Both the Roth Building and fresco mural
are listed on the National Register of Historic Places (NRHP) as a property of significant
architectural and artistic value. It is also listed on the California Register of Historical Resources
and as a Category 2 Building (a building of major regional importance) in the City of Palo Alto
Historic Inventory.
The City of Palo Alto purchased the Roth Building in 2000, adding the Victor Arnautoff frescoes
to the City’s art collection. The Public Art Program cares for artworks integrated into the
exterior of the building for the benefit of the Palo Alto community.
In 2018, the City of Palo Alto in coordination with the Palo Alto History Museum (PAHM)
applied for the County of Santa Clara’s Historic Grant Program for the protection and
restoration of frescoes (Phase I). The grant, a reimbursement-based matching fund in the
amount of $105,000, was awarded in 2019. On November 16, 2020,1 City Council adopted a
resolution to accept the grant award for the fresco mural rehabilitation and authorized the City
Manager to execute the grant agreement and commit the project for park use for at least
twenty years. Delayed by the COVID-19 pandemic, the funding agreement for the Historic Grant
Program (HGP) was executed in 2022. Protection and restoration of frescoes project (Phase I)
coincided with the rehabilitation of the building and took place in 2023/24. Under Phase I of the
fresco protection and restoration project, a team of fine art conservators carried out full
restoration of the four large color frescoes and completed in-depth cleaning and condition
analysis of the lower panels and medallions. The work was completed in Fall 2024. The scope of
work outlined in the grant was fully executed, and the City of Palo Alto received full
reimbursement from the County of Santa Clara.
ANALYSIS
In July 2025, the County of Santa Clara announced a new grant funding cycle under its Historic
Heritage Grant Program. If awarded, this grant funding opportunity would allow the City to
complete an essential restoration of eight grisaille frescoes in the lower fresco register in the
loggia and four sepia medallions on the arched exterior wall of the Roth Building loggia. The
restoration treatment project will be carried out by a team of fine art conservators – leading
experts on the frescoes by Diego Rivera and Victor Arnautoff and managed by the City of Palo
Alto Public Art Program staff.
The grant application requires the City, as the property owner, to approve the resolution to
apply for this grant by signing a Property Owner Approval Resolution (Attachment A). If
awarded the grant, staff will return to City Council for the acceptance of the grant agreement
and any necessary budget amendment.
RESOURCE IMPACT AND TIMELINE
Grant applications are due to the County on October 23, 2025, with the awards announced by
the County’s Historical Heritage Commission (HHC) in Summer/Fall 2026. Should the City be
successful in securing the grant award, the City will enter into a grant agreement with the
expectation of completing the grant project scope within three years from the agreement
execution. The Fresco Restoration (Phase II) Project is expected to cost $235,000 based on the
treatment proposal and budget estimate provided by the team of fine art conservators and
take place in 2027/28. The City will bring forward any necessary budget amendments for City
Council review through the annual budget process to recognize expense and offsetting
revenue. The City will fund the grant project out of the Roth Building CIP PF-23001. Upon
project completion and prior to the expiration of the grant agreement, the City will submit a
1 City Council, November 16, 2020; Agenda Item #4; SR# 11653,
https://www.paloalto.gov/files/assets/public/v/1/agendas-minutes-reports/reports/city-manager-reports-
cmrs/year-archive/2020-2/id-11653.pdf?t=51404.9
final reimbursement request. The reimbursement amount will be subsequently posted back to
the Roth Building CIP fund (PF-23001).
STAKEHOLDER ENGAGEMENT
The City of Palo Alto, Palo Alto Museum, and the broader public, both within the Palo Alto
community and beyond, will benefit from funding this project. The Public Art Commission is
scheduled to discuss the grant proposal at their September 18, 2025, meeting. Through a
partnership between the City’s Public Art Program and the Palo Alto History Museum,
thousands of visitors will learn about the history and artistic significance of the Roth Building
frescoes, as well as their unique place in the local, regional, and broader art world.
ENVIRONMENTAL REVIEW
The Roth Building rehabilitation project is Categorically Exempt from CEQA review pursuant to
CEQA guidelines section 15331, Historical Resource Restoration/Rehabilitation, as a project
limited to maintenance, repair, and rehabilitation in accordance with the secretary of interior
standards for historic preservation.
ATTACHMENTS
Attachment A: Property Owner Resolution Approving the City of Palo Alto’s Application for a
County of Santa Clara Historical Heritage Grant for the Roth Building Frescoes Restoration
(Phase II)
APPROVED BY:
Kristen O'Kane, Community Services Director
Not Yet Adopted
1
142_20250910_ts24
Resolution No. ___________
Resolution of the Council of the City of Palo Alto
Approving the City’s Application For a County of Santa Clara Historical Heritage Grant for the
Roth Building Fresco Phase Two Restoration Project in Heritage Park
WHEREAS, the County of Santa Clara (“County”) has established the Historical Heritage
Grant program to promote historic preservation and the awareness of significant cultural,
historical, and archaeological resources within Santa Clara County (“Grant Program”); and
WHEREAS, the County funds the Grant Program with County Park Charter Development
Funds, which must be used for the development of real property for county park purposes; and
WHEREAS, the City of Palo Alto (“Applicant”) proposes that the County award Grant
Program funds for the Roth Building Fresco Phase Two Restoration project (“Project”), which is
in Heritage Park (“Park”), located at 300 Homer Avenue; and
WHEREAS, the County requires that the property on which the grant-funded project is
located be continually used for park purposes for a minimum of 20 years and be open to all
Santa Clara County residents on a non-discriminatory basis; and
WHEREAS, the City of Palo Alto has granted permission (consent) to the Palo Alto
History Museum to use the Roth Building for a community museum, which is a park purpose,
for the period of forty years (40 years), and said consent is evidenced by a lease granting such
rights; and,
WHEREAS, Applicant is required pursuant to the Historical Heritage Grant Program
Procedural Guide to designate a legally authorized representative to administer the Project and
to execute the Grant Funding Agreement (“Grant Agreement”), along with any amendments
thereto, on behalf of the Applicant.
NOW, THEREFORE, BE IT RESOLVED that the City of Palo Alto hereby makes the
following determinations:
1. The Project is located on land that will be continually used for park purposes for a minimum
of 20 years and, subject to Constitutional or local Charter limits on appropriations for future
years, will be open to all Santa Clara County residents on a non-discriminatory basis; and
2. The City of Palo Alto has reviewed the proposed Project and provided all required approvals
for the Project in the Park, including, but not limited to, any licenses, permits,
environmental review or operational agreements required prior to authorizing construction;
and
Not Yet Adopted
2
142_20250910_ts24
3. The City of Palo Alto hereby delegates authority to the City Manager or designee of City of
Palo Alto, to sign and submit the Grant Application to the County, to negotiate, execute,
amend, or terminate the Grant Agreement and any other agreements in relation to the
Historical Heritage Grant Program, and authority to administer and carry out all terms and
conditions of the Grant Agreement and related agreements including, but not limited to,
taking any all other necessary actions to complete the Project.
4. By delegating such authority to the City Manager or designee of the City of Palo Alto, the
City of Palo Alto acknowledges, agrees, represents and warrants that the execution of the
Grant Agreement and any and all other agreements or amendments by the City Manager of
designee of the City of Palo Alto binds and obligates the City of Palo Alto to comply with all
terms and conditions of such agreements, without the necessity of additional approvals or
conditions;
5. The City of Palo Alto has had the opportunity to seek the advice of its own legal counsel and
other professionals in connection with the Grant Agreement and the Historical Heritage
Grant Program Procedural Guide.
6. The Council of the City of Palo Alto hereby approves the City of Palo Alto’s application for
the County’s Historical Heritage Grant Program funds for the Roth Building Fresco Phase
Two Restoration Project in Heritage Park.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ __________________________
City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
_______________________ ___________________________
Assistant City Attorney City Manager
___________________________
Director, Community Services
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 RothBuilding 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 nochoice.
As a practical matter the city has invested millions of dollars to rehabilitate the public RothBuilding. 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 fromconsent 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 allour parks. Emily Renzel
On Sep 28, 2025, at 4:05 PM, herb
wrote:
SEPTEMBER 29, 2025 CITY COUNCIL MEETING
AGENDA ITEM #7: ROTH BUILDING GRANTAPPLICATION
September 28, 2029
I urge you to remove this item from theConsent Calendar so that it can be an ActionItem on the October 20, 2025 City Councilmeeting agenda to provide the time for you todedicate the property as parkland as requiredby the Palo Alto Charter before approving thedraft resolution that asserts "The Project islocated on land that will be continually usedfor park purposes for a minimum of 20 years".
Palo Alto Charter Article VIII "Parks" andAppendix A were adopted by the voters at theMay 1965 election when Proposition 2 wasapproved by a vote of 7,831 in favor of theproposition and 1,356 against the proposition.
Palo Alto Charter Appendix A incorporates theState's procedures to be used for publicnotice of a proposed park dedication and fordiscontinuing park dedication.
The adopted Charter Article VIII provides that"All lands owned or controlled by the citywhich are or will be used for park,playground, recreation or conservationpurposes shall be dedicated for such purposesby ordinance."
When this agenda item is moved to the October20, 2025 City Council meeting Action Agenda,you should also direct staff to initiate theprocess for dedicating the project property asparkland by timely posting the public noticesrequired by Charter Appendix A and by placingan urgency ordinance to dedicate the projectproperty as parkland on the October 20, 2025Action Agenda immediately preceding the agendaitem for the Roth Building Grant Application.
The Roth Building property was acquired by theCity after it acted on March 27, 2000 to adoptthe South of Forest Avenue Coordinated AreaPlan Phase I and approved a developmentagreement between the City and the Palo AltoMedical Foundation (PAMF) for PAMF's priorlocation that now includes Heritage Park andthe Roth Building.
The adopted PAMF development agreementincluded a provision for PAMF to dedicate 1.00acres for parkland and for the City topurchase the adjacent 1.41 acres for parkland.
The City combined the 1.00 acres PAMFdedication with 1.01 acres of the purchased1.41 acres to create the 2.01 acres SOFACoordinated Area Plan Phase I Park that waslater renamed Heritage Park, leaving the 0.40acres Roth Building property undedicated.
The PAMF development agreement intended thatthe Roth Building property be used for"neighborhood park and facility purposes iffinancially feasible" but be made availablefor resale by the City for private purposes"if public facility use is not financiallyfeasible."
The development of the Palo Alto HistoryMuseum on the Roth Building property and thedesignation by the City that the property willbe continuously used for park purposes meansthat the impediment of financial feasibilityto park dedication for the Roth Buildingproperty has been removed.
(For background see Ordinance No. 4815 andOrdinance No. 4838.)
When the City leases property from somebodyelse and dedicates that property for park
purposes, the park dedication ordinance mustlimit park dedication to the length of thelease.
However, since the City owns the Roth Buildingproperty, park dedication for the propertyshould be without time limit.
At any future date, the City Council or thevoters can place a measure on the ballot toremove the property from park dedication justas the proponents of Measure E placed ameasure on the ballot to remove ten acres ofthe Baylands from park dedication.
City Councils have repeatedly assured theCounty Grant Program that the Roth Buildingproperty will be continuously used for parkpurposes without anyone advising the Countythat the City has not followed the requirementin the City Charter to dedicate the propertyfor park purposes.
Should the County Grant Program learn thatPalo Alto has claimed that the property willbe used for park purposes but has failed todedicate the property to park purposes asrequired by the Palo Alto Charter, the Countyis likely to deny the request for grant fundsand demand the return with interest of thosegrant funds previously awarded when the Cityasserted that the property would be used forpark purposes without the City abiding by itsown requirement to dedicate the property forpark purposes.
Therefore, I urge you to: (1) move this agendaitem #7 to appear as an action item on yourOctober 20, 2025 agenda, (2) direct staff toplace an urgency ordinance for park dedicationof the Roth Building property on your October20, 2025 agenda preceding the item for thegrant application; and (3) direct staff topost timely notices of the proposed parkdedication pursuant to the procedures inCharter Appendix A.
Thank you for your consideration of thesecomments.
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 cautiousof 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 SOFACoordinated 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 ConsentCalendar so that it can be an Action Item on theOctober 20, 2025 City Council meeting agenda toprovide the time for you to dedicate the property asparkland as required by the Palo Alto Charter beforeapproving the draft resolution that asserts "TheProject is located on land that will be continuallyused for park purposes for a minimum of 20 years".
Palo Alto Charter Article VIII "Parks" and Appendix Awere adopted by the voters at the May 1965 electionwhen Proposition 2 was approved by a vote of 7,831 infavor of the proposition and 1,356 against theproposition.
Palo Alto Charter Appendix A incorporates the State'sprocedures to be used for public notice of a proposedpark dedication and for discontinuing park dedication.
The adopted Charter Article VIII provides that "Alllands owned or controlled by the city which are orwill be used for park, playground, recreation orconservation purposes shall be dedicated for suchpurposes by ordinance."
When this agenda item is moved to the October 20, 2025
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City Council meeting Action Agenda, you should alsodirect staff to initiate the process for dedicatingthe project property as parkland by timely posting thepublic notices required by Charter Appendix A and byplacing an urgency ordinance to dedicate the projectproperty as parkland on the October 20, 2025 ActionAgenda immediately preceding the agenda item for theRoth Building Grant Application.
The Roth Building property was acquired by the Cityafter it acted on March 27, 2000 to adopt the South ofForest Avenue Coordinated Area Plan Phase I andapproved a development agreement between the City andthe Palo Alto Medical Foundation (PAMF) for PAMF'sprior location that now includes Heritage Park and theRoth Building.
The adopted PAMF development agreement included aprovision for PAMF to dedicate 1.00 acres for parklandand for the City to purchase the adjacent 1.41 acresfor parkland.
The City combined the 1.00 acres PAMF dedication with1.01 acres of the purchased 1.41 acres to create the2.01 acres SOFA Coordinated Area Plan Phase I Parkthat was later renamed Heritage Park, leaving the 0.40acres Roth Building property undedicated.
The PAMF development agreement intended that the RothBuilding property be used for "neighborhood park andfacility purposes if financially feasible" but be madeavailable 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 theRoth Building property and the designation by the Citythat the property will be continuously used for parkpurposes means that the impediment of financialfeasibility to park dedication for the Roth Buildingproperty has been removed.
(For background see Ordinance No. 4815 and OrdinanceNo. 4838.)
When the City leases property from somebody else anddedicates that property for park purposes, the parkdedication ordinance must limit park dedication to thelength of the lease.
However, since the City owns the Roth Buildingproperty, park dedication for the property should bewithout time limit.
At any future date, the City Council or the voters canplace a measure on the ballot to remove the propertyfrom park dedication just as the proponents of MeasureE placed a measure on the ballot to remove ten acresof the Baylands from park dedication.
City Councils have repeatedly assured the County Grant
Program that the Roth Building property will becontinuously used for park purposes without anyoneadvising the County that the City has not followed therequirement in the City Charter to dedicate theproperty for park purposes.
Should the County Grant Program learn that Palo Altohas claimed that the property will be used for parkpurposes but has failed to dedicate the property topark purposes as required by the Palo Alto Charter,the County is likely to deny the request for grantfunds and demand the return with interest of thosegrant funds previously awarded when the City assertedthat the property would be used for park purposeswithout the City abiding by its own requirement todedicate the property for park purposes.
Therefore, I urge you to: (1) move this agenda item #7to appear as an action item on your October 20, 2025agenda, (2) direct staff to place an urgency ordinancefor park dedication of the Roth Building property onyour October 20, 2025 agenda preceding the item forthe grant application; and (3) direct staff to posttimely notices of the proposed park dedicationpursuant 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 cautiousof 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 sothat it can be an Action Item on the October 20, 2025 CityCouncil meeting agenda to provide the time for you to dedicatethe property as parkland as required by the Palo Alto Charterbefore approving the draft resolution that asserts "The Projectis located on land that will be continually used for parkpurposes for a minimum of 20 years".
Palo Alto Charter Article VIII "Parks" and Appendix A wereadopted by the voters at the May 1965 election when Proposition2 was approved by a vote of 7,831 in favor of the propositionand 1,356 against the proposition.
Palo Alto Charter Appendix A incorporates the State'sprocedures to be used for public notice of a proposed parkdedication and for discontinuing park dedication.
The adopted Charter Article VIII provides that "All lands ownedor controlled by the city which are or will be used for park,playground, recreation or conservation purposes shall bededicated for such purposes by ordinance."
When this agenda item is moved to the October 20, 2025 CityCouncil meeting Action Agenda, you should also direct staff toinitiate the process for dedicating the project property asparkland by timely posting the public notices required byCharter Appendix A and by placing an urgency ordinance todedicate the project property as parkland on the October 20,2025 Action Agenda immediately preceding the agenda item forthe Roth Building Grant Application.
The Roth Building property was acquired by the City after itacted on March 27, 2000 to adopt the South of Forest AvenueCoordinated Area Plan Phase I and approved a developmentagreement between the City and the Palo Alto Medical Foundation(PAMF) for PAMF's prior location that now includes HeritagePark and the Roth Building.
The adopted PAMF development agreement included a provision forPAMF to dedicate 1.00 acres for parkland and for the City topurchase the adjacent 1.41 acres for parkland.
The City combined the 1.00 acres PAMF dedication with 1.01acres of the purchased 1.41 acres to create the 2.01 acres SOFACoordinated Area Plan Phase I Park that was later renamed
Heritage Park, leaving the 0.40 acres Roth Building propertyundedicated.
The PAMF development agreement intended that the Roth Buildingproperty be used for "neighborhood park and facility purposesif financially feasible" but be made available for resale bythe City for private purposes "if public facility use is notfinancially feasible."
The development of the Palo Alto History Museum on the RothBuilding property and the designation by the City that theproperty will be continuously used for park purposes means thatthe impediment of financial feasibility to park dedication forthe 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 dedicatesthat property for park purposes, the park dedication ordinancemust limit park dedication to the length of the lease.
However, since the City owns the Roth Building property, parkdedication for the property should be without time limit.
At any future date, the City Council or the voters can place ameasure on the ballot to remove the property from parkdedication just as the proponents of Measure E placed a measureon the ballot to remove ten acres of the Baylands from parkdedication.
City Councils have repeatedly assured the County Grant Programthat the Roth Building property will be continuously used forpark purposes without anyone advising the County that the Cityhas not followed the requirement in the City Charter todedicate the property for park purposes.
Should the County Grant Program learn that Palo Alto hasclaimed that the property will be used for park purposes buthas failed to dedicate the property to park purposes asrequired by the Palo Alto Charter, the County is likely to denythe request for grant funds and demand the return with interestof those grant funds previously awarded when the City assertedthat the property would be used for park purposes without theCity abiding by its own requirement to dedicate the propertyfor park purposes.
Therefore, I urge you to: (1) move this agenda item #7 toappear as an action item on your October 20, 2025 agenda, (2)direct staff to place an urgency ordinance for park dedicationof the Roth Building property on your October 20, 2025 agendapreceding the item for the grant application; and (3) directstaff to post timely notices of the proposed park dedicationpursuant to the procedures in Charter Appendix A.
Thank you for your consideration of these comments.
Herb Borock