Palo Alto Adopts Creek Setbacks, Passes One-Year Detention Moratorium

After a multiyear fight, Palo Alto now has wider protections along its creeks. On Oct. 26, the City Council unanimously adopted a stream corridor ordinance that sets 25-foot and 150-foot setbacks and exempts Edgewood Drive fences. Later that night, the council unanimously passed, on first reading, a one-year moratorium on new or expanded detention facilities, and it heard a detailed El Niño storm briefing before the storm season.

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• Stream corridor ordinance adopted unanimously, ending a multiyear effort with 25-foot central and 150-foot Baylands and hillside setbacks
• One-year moratorium on new or expanded detention facilities passes unanimously on first reading; second reading set for Nov. 9
• Residents push for a no-ICE-staging policy; the mayor says staff is working to put it on an upcoming agenda
• Staff details El Niño storm prep; sandbag stations open Nov. 1, and councilmembers press on seniors, language access and unhoused residents
• Baylands zoning correction pulled from consent after Sierra Club and Bird Alliance pushback

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Creek Protections Clear After Years of Compromise

Why it matters: The ordinance changes what homeowners, schools and developers can build near Palo Alto's creeks, the Baylands and the hills. It replaces a single 20-foot setback, measured from the top of the creek bank, with standards that vary by location.

Where things stand: Staff and a unanimous Planning and Transportation Commission (PTC) recommended the ordinance, which amends Municipal Code Section 18.40.140. "This is a long-awaited opportunity for the City Council to discuss the updated stream ordinance," said Jonathan Lait, Planning Director.

The new rules set:
- A 25-foot streamside setback in the central area
- A 150-foot setback in the Baylands and hillsides, though Esther Clark Park and much of Palo Alto Hills fall under 25 feet
- A 25-foot slope-stability area

Exceptions require review by a biologist and a finding that no feasible alternative exists. New exemptions cover ADUs, properties separated from a creek by a street or alley, floodwalls and Edgewood Drive properties. The council also adopted staff's clarification of the floodwall language.

Who showed up: Edgewood Drive residents described burglaries, encampments and trespassing along the creek. "The alliance is supportive of this ordinance as recommended by the PTC," said Daniel Hanson of the Edgewood Neighborhood Alliance. Viral Mehta, counsel for Edgewood homeowners, asked for explicit language exempting Edgewood owners from the five-foot fence setback. Edgewood resident Jeff Shore called slope-stability review for a simple fence unnecessary on hardened banks: "I think it's a red herring here."

Esther Clark Park neighbors backed the 25-foot hillside compromise. "I'm asking you to adopt the ordinance as written with what's called Alternative 4," said Jeff Watt, public commenter. Mindy Romanowski, land use counsel for Silicon Valley International School, asked the council to clarify the floodwall exemption.

The other side: Environmental groups backed adoption but warned against weakening protections. Shawnee Kleinhaus of the Santa Clara Valley Bird Alliance urged the council to keep the 150-foot and slope-stability setbacks. Dashiell Leeds, Conservation Coordinator for the Sierra Club Loma Prieta Chapter, also urged adoption. One commenter said 25 feet was too little. "I would at least urge you to consider a 30-foot setback in the central area as a general principle," said Winter D., public commenter.

Councilmembers asked about:
- Valley Water notification: unchanged
- 50-foot lots along Matadero Creek
- Housing: staff found no impact on density
- Paving in setbacks: Councilmember Keith Reckdahl noted "you can put up to 25% impervious surfaces in the setback area." The limit is 25% or 2,500 square feet, whichever is less.

Decisions and stakeholder impacts: Vice Mayor Greer Stone made the motion and Councilmember George Lu seconded it. It carried unanimously on an electronic vote; individual votes were not itemized. Stone called the ordinance "such a great example of a process where compromise and working across different stakeholder groups" paid off. Edgewood homeowners won their fence exemption. Environmental groups secured the 150-foot Baylands and hillside buffers. Hillside neighbors got the 25-foot compromise they sought. Councilmember Ed Lauing suggested "we should turn this into a postmortem case study of how to get this thing done."

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Council Closes Door on New Detention Sites

Why it matters: Palo Alto is using its zoning power to block new or expanded detention and custodial facilities for one year. Federal ownership of a site, however, could test that authority in court.

Where things stand: City attorneys said the ordinance carries out Council Resolution 10221. Kyle Arellano, Chief Assistant City Attorney, said it imposes a one-year moratorium on new or expanded facilities. It returns Nov. 9 for a second reading and would take effect Dec. 9. Staff noted that two state laws, AB 1801 and AB 1633, could make local action unnecessary. Because the moratorium is temporary zoning, it skips PTC review.

Who showed up: About a dozen commenters urged adoption, including speakers from Indivisible groups and the Santa Clara County Rapid Response Network. Speaking for Congressman Sam Liccardo's office, Rania Mos said, "While local government cannot outright prohibit federal activity, they can use their land use authority to establish strong standards for where these facilities may operate." Kara Silver of Safety Over Surveillance Palo Alto warned that ICE has funding to expand bed capacity: "It is not a stretch to imagine them purchasing property on Bayshore or Embarcadero."

Several speakers asked the council to cover existing facilities, too. Others, including Tricia Dolcas, Tim McKenzie, Andrew Siegler and Ellen Travis, sought a companion policy barring ICE from using city property for staging. They pointed to San Jose, Santa Clara, Campbell, Sunnyvale and Mountain View, which have such policies.

The other side: No one spoke against the moratorium, but councilmembers questioned how far it reaches. "If the federal government owns it, they can bypass our zoning, correct?" asked Councilmember Reckdahl. Arellano replied: "It is possible that if ICE were to try to set up a holding facility or to hire a contractor to do that, the issue could be litigated."

Mayor Vicki Veenker said the exception for the public safety building covers the Palo Alto Police Department's existing holding facility. She also cited the California Values Act, which limits local cooperation with federal immigration enforcement. "It is in no way, as I understand it, reserved for any use by ICE," Veenker said.

Decisions and stakeholder impacts: Every councilmember who spoke supported the ordinance. "I wish this ordinance were unnecessary," said Vice Mayor Stone. Lauing called it "the easiest vote yes that I've taken in my 4 years on council." Councilmember Lu described a recent false alarm: "About 2 weeks ago, there was a scare that ICE was in Palo Alto at Palo Alto elementary schools and middle schools." Veenker moved the staff recommendation, saying, "let's remove any ambiguity and make sure we are not on their shopping list." It passed unanimously.

What's next: The second reading is Nov. 9. Veenker said staff discussions are underway to agendize a no-staging policy, and Lu said he looks forward to a no-staging ordinance.

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Storm Prep: Ready, But Stress-Test It

Why it matters: A forecast strong El Niño has residents on edge. Staff said the forecast shows "a 100% chance of a very strong El Niño event through the fall and winter," according to Brad Eggleston, Director of Public Works.

Where things stand: Eggleston cited several completed or ongoing projects:
- The Reach 1 project
- The San Francisquito Creek pump station
- Drain upgrades on Channing and Lincoln
- Work on the Newell Road Bridge

Sandbag stations open Nov. 1, with a new site near the Pope-Chaucer Bridge. Chief Duker, Director of the Office of Emergency Services, described public outreach, a multi-agency coordination group and the city's new emergency operations center. Duker said a central storm webpage will host live updates "in addition to mass notifications." Eggleston said the work is funded: "this is work we're doing every year. So we are budgeted for doing these things."

The other side: Jeff Shore said Valley Water and the creek joint powers authority are passing responsibility back and forth for the West Bayshore crossing. He said the issue remains unresolved a month after he raised it. Henry Etskowitz, a creekside resident, warned that upstream dams could fail. An Ivy Lane resident asked the city to reconsider its decision not to do gutter work.

Councilmember Julie Lythcott-Haims pressed on language access: "are we writing in Cantonese and Mandarin and Spanish and Korean, or are we only writing in English?" City Manager Ed Shikada said online materials are translated automatically. She also flagged the limited warming-center space. Kristen O'Kane, Community Services Director, said the overnight site has moved to the new Bryant Street Community Center, and Shikada put its estimated capacity at 12. Councilmembers also asked about sandbag help for seniors and about IPAWS, the federal system that sends emergency alerts to cellphones.

Councilmember Patrick Burt urged staff to run a "red team" exercise that tests the plans against worst cases. He also promoted tape and water-absorbent barriers over sand alone. "So we need to be extraordinarily ready," Burt said.

What's next: This was a study session, so the council took no vote. Members asked staff to follow up on the gaps they raised.

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Baylands Zoning Fix Pulled From Consent

Why it matters: Consent item 6 was a zoning correction that could reaffirm a path to housing in a part of the Baylands exposed to sea-level rise. The council wants to debate that policy before approving any technical fix.

Where things stand: The Sierra Club, the Bird Alliance and the Citizens Committee to Complete the Refuge asked the council to pull the item. They urged deferring it until the comprehensive plan is amended, adopting Baylands setbacks and rededicating the Measure E site as parkland and habitat. "We urge you to pull item 6 from the consent calendar, table the zoning code correction, and direct staff to expedite the underlying land use policy decision," said Jennifer C. of the Sierra Club Bay Alive campaign. Eileen McLaughlin of the Citizens Committee asked councilmembers to visit the flooded wetlands during king tides, the year's highest tides.

Stone, Burt and Lauing asked to pull the item. They cited unanswered questions about the housing element and the order of comprehensive plan steps. Veenker favored a holistic discussion and said the issue should not be buried in the comprehensive plan process.

Item 5 drew a separate exchange over funding for the Human Services Resource Allocation Process (HSRAP), the city's grant program for nonprofits. Lauing worried that naming a dollar figure implied new spending. "Naming a number now as if it's something that's cut in stone is not correct," he said. Shikada said the figure "would simply inform the manager's recommended budget that you'll see in late April." Lythcott-Haims said it equals existing HSRAP and nonprofit funding, not an increase.

Decisions and stakeholder impacts: The council approved the consent calendar unanimously with item 6 pulled; item 5 stayed on consent. Item 6 will be rescheduled for a future date.

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• Appointments: Harriet Stern won all seven votes for the Public Art Commission. In tiebreaker rounds, Claude Ezra (4-3 over Matt Huberman) joined the commission, and Gregory Bennett (4-3 over Lee Tobnek) joined the Stormwater Management Oversight Committee. Katherine Perman received six first-round votes for the stormwater committee.
• Closed session: The council met privately with its real property negotiators on 1900 Embarcadero Road and reported no reportable action. Etskowitz criticized the vague agenda listing: "It would mean no more closed sessions."
• Flock cameras: Safety Over Surveillance speakers urged the city to cover its license-plate cameras now. They also asked the council to agendize the audit findings and contract cancellation before year-end, citing 461 canceled contracts.
• Measure J: Lydia Kay called the 10.25% sales tax "a forever tax," while Ken Horowitz urged a yes vote: "This is facts versus fear."
• Announcements: Veenker congratulated the CEO of Palo Alto Community Childcare and marked Stanford Research Park's 75th anniversary.

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Looking ahead: The detention moratorium returns for its second reading Nov. 9. Shikada previewed a coming item on a Quarry Road transit connection and said the follow-up to the Flock audit will come before year-end. Item 6 and a possible no-staging policy are also expected to return.