A settlement is back on the table. A proposal to end the town of Atherton’s lawsuit over the new performing arts center at Menlo-Atherton High School is back in the hands of Sequoia Union High School District officials, with some “minor changes.”
Last month, a settlement agreement won the support of school district officials and a subcommittee of the Atherton City Council, but surprisingly, was voted down Nov. 14 by a majority of council members who said they thought they could get a better deal.
“It’s the original (settlement) with a few small changes,” said Atherton City Attorney Marc Hynes of the newest version.
The $28 million performing arts center is under construction, and will serve as a venue for some Menlo Park city events when it’s not needed for high school uses.
In November 2006, Atherton officials filed a lawsuit alleging that the school district dodged an environmental impact report when it approved construction of the theater. The suit says the theater could increase traffic congestion, stormwater runoff and noise.
The proposed settlement requires drainage work, as well as measures to address parking and traffic, pending the results of a traffic study that’s under way. The council unanimously approved the changes to the proposed settlement at a recent closed session, but it remains to be seen whether the school board will be amenable at its Dec. 5 meeting.
The changes include having the parking plan approved by “a qualified registered professional traffic engineer.” The rest of the changes are mostly just word-smithing, said Councilman Charles Marsala.
“In Atherton’s opinion these are very minor changes, so we’ll see if our (school) board feels (the same) way,” said Superintendent Pat Gemma. “I think we’re close to the end, and if this finally settles it, then good, we can all move on.”
Public opinion in Atherton is divided between two very different constituencies. Many residents who live near the school were not satisfied with the original proposed settlement, saying it was vague and didn’t do enough to protect them. Other residents, especially alumni and parents of M-A students, have lambasted the council for being obstructionist and indifferent to the school’s need for a better facility.



