EXHIBIT C
COMPENSATION, AMENDMENT NO. 1
(AMENDED, REPLACES PREVIOUS)
CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
BUDGET SCHEDULE
TASK NOT TO EXCEED
AMOUNT
Task 1
(Project Management)
$98,799
Task 2
(Preliminary Design Report)
$90,927
Task 3
(Field Investigation and Research)
$69,215
Task 4
(CEQA Support)
$35,996
Task 5
(Design Documents)
$216,679
Task 6
(Service During Bidding)
$37,263
Task 7
(Service During Construction)
$175,396
Task 8
(Optional Services: 8.1 JIS Rehabilitation, JB0 to JB1 Rehabilitation, and 8.2 Technical Engineering Support for Field Services) $115,332
Sub-total for Services $839,607
Reimbursable Expenses (if any) $69,457
Total for Services and Reimbursable Expenses $909,064
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Attachment C -
Amendment No. 1 to
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with Jacobs Engineering
Group, Inc.
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TASK NOT TO EXCEED
AMOUNT
Additional Services (if any, per Section 4) $121,505
Maximum Total Compensation $1,030,569
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are travel, printing, and courier services up to the not-to-exceed amount of $69,457.
A. Travel outside the San Francisco Bay Area, including transportation and meals, if specified as reimbursable, will be reimbursed at actual cost subject to the City of Palo Alto’s policy for reimbursement of travel and meal expenses.
B. Long distance telephone service charges, cellular phone service charges, facsimile transmission and postage charges, if specified as reimbursable, will be reimbursed at actual cost.
All requests for reimbursement of expenses, if any are specified as reimbursable under this section, shall be accompanied by appropriate backup documentation and information.
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Amendment No. 1 to
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with Jacobs Engineering
Group, Inc.
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EXHIBIT C-1
SCHEDULE OF RATES, AMENDMENT NO.1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT’s schedule of rates is as follows:
Staff Classification
2022
Hourly
Billing
Rate(2)(3)
2023
Hourly
Billing
Rate(2)(3)
2024
Hourly
Billing
Rate(2)(3)
2025
Hourly
Billing
Rate(2)(3)
2026
Hourly
Billing
Rate(2)(3)
Principal-in-Charge $330.00 $339.90 $350.10 $360.60 $371.42 Principal Project Manager $310.00 $319.30 $328.88 $338.75 $348.91 Senior Project Manager $280.00 $288.40 $297.05 $305.96 $315.14 Project Manager $245.00 $252.35 $259.92 $267.72 $275.75 Principal
Technologist/Engineer $300.00 $309.00 $318.27 $327.82 $337.65 Senior
Technologist/Engineer II $275.00 $283.25 $291.75 $300.50 $309.51 Senior
Technologist/Engineer I $250.00 $257.50 $265.23 $273.18 $281.38 Technologist/Project
Engineer II $230.00 $236.90 $244.01 $251.33 $258.87 Technologist/Project
Engineer I $205.00 $211.15 $217.48 $224.01 $230.73
Engineer/Professional II $190.00 $195.70 $201.57 $207.62 $213.85 Engineer/Professional I $175.00 $180.25 $185.66 $191.23 $196.96 Junior
Engineer/Professional $160.00 $164.80 $169.74 $174.84 $180.08 Engineering Technician III $200.00 $206.00 $212.18 $218.55 $225.10 Engineering Technician II $160.00 $164.80 $169.74 $174.84 $180.08 Engineering Technician I $130.00 $133.90 $137.92 $142.05 $146.32 Project Controls $150.00 $154.50 $159.14 $163.91 $168.83 Document
Production/Technical
Editor $150.00 $154.50 $159.14 $163.91 $168.83
Office/Clerical/Accounting $120.00 $123.60 $127.31 $131.13 $135.06
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Group, Inc.
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Notes:
(1) These rates are effective through December.31st of each year and subject to escalation at 3 percent annually starting on January 1st of each following year. (2) A 5% markup will be applied to sub-consultant rates. (3) Billing rates are fully burdened and include overhead, fringe, markups and profit. (4) An additional premium of 25% will be added to the above rates for Expert Witness and Testimony Services.
Reimbursable Expenses Include:
• Travel for staff from outside of San Francisco Bay Area (9 Bay Area Counties) inclusive of transportation, airplane tickets and fees, car rental, gas, toll, cab, mileage, meals, lodging, and incidentals.
• Outside Reprographics/Printing Services.
• Courier shipping charges to City of Palo Alto.
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Amendment No. 1 to
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AMENDMENT NO. 2 TO CONTRACT NO. C21179265E
BETWEEN THE CITY OF PALO ALTO
AND TANNER PACIFIC, INC.
This Amendment No. 2 (this “Amendment”) to Contract No. C21179265E (the “Contract” as defined below ) is entered into as of June 9, 2025, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ( “CITY”), and TANNER PACIFIC, INC., a corporation, located at 274 Redwood Shores Parkway, Suite 607, Redwood City, CA 94065 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the P arties to provide construction management and inspection services on an on- call, as-needed, time-limited basis in connection with individual projects or inspection tasks at the Regional Water Quality Control Plant (RWQCP), as detailed therein.
B. The Parties entered into Amendment No. 1 to add Task Order No. 1 services (referred to as Work Order No. 4) for construction management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project, and to increase compensation by Eight Hundred Fifty- Two Thousand Four Hundred Ninety -Nine Dollars ($852,499.00), from One Dollar ($1.00) to Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500.00), as detailed therein.
C. The Parties now wish to amend the Contract in order to (1) extend the contract term through June 30, 2026, and to increase compensation by Two Hundred Forty-Five Thousand Ninety-Five Dollars ($245,095.00), from Eight Hundred Fifty-Two Thousand Five Hundred Dollars ($852,500.00) to One Million Ninety-Seven Thousand Five Hundred Ninety-Five Dollars ($1,097,595.00); and (3) to add Exhibit C-2 Schedule of Rates, as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C21179265E between CONSULTANT and CITY, dated June 21, 2021, as amended by:
Amendment No. 1, dated December 11, 2023
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b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows:
“The CITY is engaging multiple consultants, including CONSULTANT, that are eligible to respond with proposals to the CITY’s project -specific Task Orders under the process described in Exhibit A. The compensation to be paid to CONSULTANT for performance of t he Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Dollar ($1), unless CITY selects CONSULTANT, according to the process in Exhibit A, to perform services under a Task Order not to exceed One Million Ninety -Seven Thousand Five Hundred Ninety-Five Dollars ($1,097,595.00) over the term of the Agreement. No pre -qualified consultant, including the CONSULTANT under this Agreement, is guaranteed selection or assured of any minimum quantity of work to be performed. In the event CONSULTANT is not selected to provide Services under a Task Order, no payment is due from CITY.
The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” and Exhibit C-2, entitled “SCHEDULE OF RATES, AMENDMENT NO. 2. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
A. The City has selected CONSULTANT to perform Work Order # 4, for construction management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project, in the amount not to exceed Nine Hundred Seventy Thousand Ninety-Five Dollars ($970,095.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expe nses shall not exceed One Million Ninety -Seven Thousand Five Hundred Ninety-Five Dollars ($1,097,595.00).
Optional Additional Services Provision (This provision applies only if checked and a not - to-exceed compensation amount for Additional Services is allocated below under this Section
4.)
In addition to the not -to-exceed compensation specified above, CITY has set aside the not - to-exceed compensation amount of One Hundred Twenty -Seven Thousand Five Hundred Dollars ($ 127,500.00) for the performance of Additional Services for Work Order 4 (as defined below). The total compensation for performance of the Basic Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed One Million Ninety-Seven Thousand Five Hundred Ninety-Five Dollars ($1,097,595.00).
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“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in a Task Order issued under Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Sec tion. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”.
Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for Additional Services shall be specified by CITY in the Task Order, based on
whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter -signature by the CITY Project Manager), the fully exec uted Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSUL TANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section
4. Performance of and payment for any Additional Services ar e subject to all requirements and restrictions in this Agreement.”
SECTION 3. The following exhibit(s) to the Contract are hereby amended, as indicated below, to read as set forth in the attachment(s) to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A-2” entitled “PROFESSIONAL SERVICES TASK ORDER NO. 1, AMENDMENT NO. 2” (AMENDED, REPLACES PREVIOUS).
b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2” (AMENDED,
REPLACES PREVIOUS)
c. Exhibit “C” entitled “ COMPENSATION, AMENDMENT NO. 2 ,” (AMENDED, REPLACES PREVIOUS).
d. Exhibit “C-2” entitled “SCHEDULE OF RATES, AMENDMENT NO. 2” (ADDED) .
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SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorporation of Recitals . The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
______________________________
City Manager or Designee
APPROVED AS TO FORM:
______________________________
City Attorney or Designee
TANNER PACIFIC, INC.
Officer 1
By:______________________________
Name:___________________________
Title:____________________________
Officer 2
By:______________________________
Name:___________________________
Title:____________________________
Attachments:
Exhibit “A- 2”: PROFESSIONAL SERVICES TASK ORDER NO. 1, AMENDMENT NO. 2 (AMENDED,
REPLACES PREVIOUS)
Exhibit “B”: SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2 (AMENDED, REPLACES
PREVIOUS)
Exhibit “C”: COMPENSATION, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS) Exhibit “C-2”: SCHEDULE OF RATES, AMENDMENT NO. 2 (ADDED)
Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 President/CEO
William Tanner
Accounting Manager
Kathryn Tanner
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EXHIBIT “A-2”
PROFESSIONAL SERVICES TASK ORDER NO. 1, AMENDMENT NO. 2 (AMENDED, REPLACES PREVIOUS)
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO. C21179265E
1A. MASTER AGREEMENT NO.: C21179265E
1B. TASK ORDER NO 1: Work Order No. 4 for Construction Management of the Joint Intercepting Sewer Rehabilitation Phase 1 Project
2. CONSULTANT NAME: Tanner, Pacific, Inc..
3. PERIOD OF PERFORMANCE:
START: Immediately Once Notice to Proceed (NTP) is Issued; COMPLETION: On or before June 30, 2026
4 TOTAL TASK ORDER NO. 1 PRICE: $970,095
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT: $0
5. WBS/CIP: WQ-24000-080
6. CITY PROJECT MANAGER: Siew Ching Chin, Public Works Department, Environmental Services Division, RWQCP
7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE:
Services and Deliverables to Be Provided
Schedule of Performance
Maximum Compensation Amount and Rate Schedule (As Applicable) Reimbursable Expenses, If Any (With “Not to Exceed” Amount)
8. ATTACHMENTS: Task Order No. 1 Scope of Services, including Schedule of Performance and Compensation Schedule
TASK ORDER NO.1 SCOPE OF SERVICES (REVISED WITH AMENDMENT NO. 2)
WORK ORDER NO. 4: CONSTRUCTION MANAGEMENT OF THE JOINT INTERCEPTING SEWER REHABILITATION PHASE 1 PROJECT
Task 1: General Requirements/ Project Management
1. For any work which requires licensing, the CONSULTANT shall be appropriately Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11
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licensed in accordance with the laws of the State of California. The cost for any required licenses or training shall be the responsibility of the CONSULTANT and shall not be expensed as part of this contract.
2. Special requirements:
a. Project Manager shall have a minimum of 15 years of relevant construction management experience.
b. Resident Engineer shall have a minimum of 5 years of construction management, cured-in-place pipe ( CIPP), and confined space entry experience.
c. Staff’s related construction experience (years and projects) shall include:
i. Minimum 5 years of demonstrated experience in large diameter pipeline rehabilitation projects using CIPP lining, coordinating wastewater treatment facility process shutdowns, and overseeing high-volume bypass operations. NASSCO CIPP lining inspector certification is required. Municipal wastewater treatment operations experience is a bonus.
ii. Minimum 5 years of demonstrated experience in inspection of concrete repairs, surface preparations and coating applications. iii. Minimum 5 years of demonstrated experience in inspection of high - density polyethylene (HDPE) pipe fusion and installation. d. During construction when there is a need to replace the proposed personnel, CONSULTANT shall submit the associated resume and minimum two references (names, agencies, email addresses, and phone numbers) for each of their proposed Project Manager, Resident Engineer, and specialty inspectors for HDPE pipe fusion and CIPP lining for City Project Manager’s review and approval.
3. CONSULTANT shall prepare and submit to the City a Project Management Plan to include schedule; budget; spending projection and staffing level for each month for the duration of the contract term; personnel roles and construction management procedures. CONS ULTANT shall provide all necessary administration, project controls, quality assurance and professional oversight to ensure that:
a. the project remains on schedule, within budget, ensures continuity of information, and satisfies the requirements of the CONTRACT. b. the construction project is progressing per construction contract’s requirements.
4. At the beginning of each month, CONSULTANT shall prepare and submit to the City Project Manager a monthly invoice package. The City prefers processing CONSULTANT pay requests that cover one calendar month. Invoices of two different fiscal years (e.g., June 2024 and July 2024) shall not be combined. Monthly invoice packages shall include the cost incurred during previous month including subconsultant cost and expenses, and a progress report documenting progress.
The report shall include the progress by each task, the budget status (authorized Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11
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amount, current billing, billed to date, previously billed, amount remaining, and percent spent), outstanding issues, potential changes, project schedule and schedule impacts. CONSULTANT shall identify and mitigate potential budget overruns; and notify CIT Y Project Manager as soon as the potential overrun is identified.
Task 2: Preconstruction Phase
1. Administration
a. CONSULTANT shall propose a project administration procedure, including an online document management/ tracking system, for CITY approval. The administration procedure will detail how the CONSULTANT will track, store, distribute, and manage digital and hard copy correspondence and project documentation and strategy for managing project communications. b. CONSULTANT shall establish and maintain a health and safety plan specific for CONSULTANT’s staff and subconsultants. Include confined space training certificates, as applicable. Submit a copy for City’s record. During construction activities, CONSULTANT shall follow CONTRACTOR(S)’s health and safety plan(s), if it is more stringent.
2. Field Office Setup
a. CONSULTANT shall organize the hardcopy and digital files for the project prior to commencement of construction and coordinate with the CITY and CONTRACTOR for office space set-up.
b. CITY will designate a location for the office space and provide utility connection points.
3. Preconstruction Activities
a. Site Walk Observations and Documentation
i. CONSULTANT shall conduct preconstruction inspections, documenting conditions in a log and providing digital photographs and video(s).
b. Preconstruction Submittals
i. CONSULTANT shall develop a list of CONTRACTOR pre -construction submittals.
ii. CONSULTANT shall review CONTRACTOR’s pre -construction submittals, schedule of values, request for substitution (if any), and preliminary schedule.
Task 3: Construction Phase
1. Construction Administration
a. Project Coordination
i. CONSULTANT shall act as the project coordinator and the point of contact for all communications with the CONTRACTOR. The Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11
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CONSULTANT shall coordinate construction activities with the CITY, ENGINEER, and CONTRACTOR. CONSULTANT’s responsibilities include conduct meetings with the ENGINEER to review progress, coordinate evaluations and identify information needs; disseminate information to the design team; manage the project budget; manage the project schedule; manage sub-consultants; manage QA / QC team;
Coordinate communications with other ongoing projects’
construction managers to facilitate the construction of ongoing projects and continuous Plant operations.
ii. CONSULTANT shall provide a contact phone number to respond to issues related to construction activity or coordination, 24 hours a day, 7 days a week.
b. Document Tracking System: CONSULTANT shall establish, implement and maintain an online system for tracking all correspondence and documents on the Project or shall adopt a project administration procedure previously approved by CITY. CONSULTANT shall incorporate within the tracking system the means to track the routing of submittals/RFIs to the CITY’s other consultants.
c. Construction Administration Services: CONSULTANT shall provide administrative and management services. The CONSULTANT shall receive all correspondence from the CONTRACTOR and address all inquiries from the CONTRACTOR and construction related correspondence . The ENGINEER will be responsible for providing design input.
2. Meetings:
a. CONSULTANT shall prepare agenda for kick -off meeting, weekly progress meetings and other construction/technical meetings required during the term of the Project. CONSULTANT shall preside the meetings, address administrative and non -design issues, and prepa re meeting minutes for distribution. CITY, ENGINEER and CONTRACTOR’s team will attend the meeting. The ENGINEER will address design issues. CONSULTANT shall have all pending decisions detailed for the meetings as well as project statistics (schedule update s, risks as identified by risk register, percent of project complete, near-term milestones, etc.).
b. Anticipated Meetings
i. Construction kick-off meeting
ii. Weekly progress meetings
iii. As-needed technical meetings with CITY, ENGINEER, CONTRACTOR and manufacturer’s representative(s) to discuss manufacturers’ requirements and resolve equipment and/or installation issues. iv. Project punch list and close-out Meeting
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construction managers and the City (as part of a separate subtask)
3. Submittals
a. CONSULTANT shall use the online document tracking system to log and coordinate the submittal process.
b. CONSULTANT shall receive the submittals, including CONTRACTOR’s red - line drawings, from the CONTRACTOR and check the submittals for completeness and general conformity with the Construction Contract requirements. If obvious deficiencies are apparent in the submittal, the CONSULTANT shall reject and send the submittal back to the CONTRACTOR for correction prior to sending the submittal to the ENGINEER.
c. Once deemed acceptable, CONSULTANT shall route the submittals to the ENGINEER for review and shall route the reviewed submittal back to the CONTRACTOR. The CONSULTANT shall review comments on the submittals to determine if additional follow -up with the CON TRACTOR and/or ENGINEER is warranted and to identify any scope changes. d. CONSULTANT shall coordinate the ENGINEER’s submittal review and track the status of shop drawing resubmittals with the CONTRACTOR. e. CONSULTANT shall review the submittals for progress schedule, health and safety plan, temporary facilities, construction sequencing, conduit/pipe layout plan, manufacturer/ applicator/ installer’s certificates, and other non-technical submittals.
f. CONSULTANT shall review temporary facilities submittals for operability as well as conflicts with other ongoing projects’ active and/or proposed construction.
4. Request for Information/Clarification Process
a. CONSULTANT shall utilize the online document tracking system for processing requests for design clarifications.
b. CONSULTANT shall receive all requests for information (RFIs) from the CONTRACTOR and determine if the request is a valid RFI; i. If valid, ENGINEER will review the RFIs and provide design response. CONSULTANT shall review the ENGINEER’s response, verify acceptability of response and transmit the Clarification Response to the CONTRACTOR.
ii. If not, CONSULTANT shall return the RFI to the CONTRACTOR with justifications.
c. CONSULTANT shall provide a response within 10 working days to the CONTRACTOR for any administrative, field condition specific and general RFI.
d. ENGINEER shall prepare Design Clarifications where design issues are identified by the CONSULTANT, ENGINEER, or CITY. CONSULTANT shall prepare the Clarification Letter for transmittal to the CONTRACTOR of the Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11
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ENGINEER’s Design Clarification and other clarifications. e. CONSULTANT shall work with the CITY Project Manager to maintain an Error and Omission Log to document change orders, RFIs and RFCs that are a result of ENGINEER and CONTRACTOR errors in design and construction, respectively. The log shall record the hours spent by the ENGINEER to respond to the RFIs/ RFCs and associated cost impact to the construction.
CONSULTANT shall identify potential error & omission and notify ENGINEER to track their hours when responding to RFIs and/or preparing design change document. CITY may seek reimbursement from the ENGINEER and/or CONTRACTOR.
5. Change Order Preparation, Negotiation & Processing
a. CONSULTANT shall review all change order requests (either initiated by the CITY or by the CONTRACTOR).
i. CONSULTANT shall utilize the online document tracking system to log, track, and process changes.
ii. CONSULTANT shall maintain Change Event files. These files shall compile all data related to specific items that arise that may have cost or time impacts or neither.
b. CONSULTANT shall judge the validity and/or merits of all CONTRACTOR initiated change order requests. CONTRACTOR initiated change orders deemed unnecessary, or not substantiated by a deficiency in the construction documents shall be returned to CONTRACTOR unapproved with an explanation.
c. CONSULTANT shall negotiate change orders with the CONTRACTOR, considering impact to the schedule, as well as, reasonableness of cost, and impact to total project budget. Consultant shall calculate and determine a reasonable cost for each additive or deduct ive change order based on City’s guidelines set forth in the Construction Contract’s General Conditions. Inform City of all potential cost and schedule changes. d. CONSULTANT shall prepare an independent cost estimate and/or verify the acceptability of the CONTRACTOR’s cost proposal for each change order request. At CITY’s discretion, ENGINEER’s opinion may be requested for specific equipment and material costs.
e. CONSULTANT shall prepare change orders using CITY’s procedure for execution by the CITY and CONTRACTOR.
i. CONSULTANT shall prepare a Change Order Memorandum, if requested by the CITY, to provide additional background discussion for need of the change and reasonableness of cost and schedule impact.
ii. ENGINEER shall prepare design details for change requests as needed. CONSULTANT to coordinate schedule and distribution of design details.
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iii. CONSULTANT shall prepare, and issue approved change order requests to the CONTRACTOR with the appropriate design
documents as directed by the CITY.
f. In the event the CONTRACTOR encounters a time sensitive problem where time is not available to negotiate a settlement, CONSULTANT shall issue a field order in accordance with the City’s procedures.
i. All work done under a field order shall be completed on a time and material basis. CONSULTANT shall track actual time and material expended for the field order work. Document all allowable costs (labor, equipment, material, etc.) daily. CONTRACTOR shall field - verify quantity and document CONTRACTOR’s extra work activities on an hourly basis, as applicable, so that change order requests can be verified accordingly.
ii. Field orders shall be reviewed and approved with the CITY prior to issuance.
6. Documentation of Environmental Compliance
a. CONSULTANT shall bring to the attention of the City’s environmental monitor and concerns with the compliance with environmental permitting and mitigation measures in accordance with the requirements of the environmental documents and regulatory permits. Note that this project is CEQA exempt.
7. Progress Payment
a. CONSULTANT shall review the initial schedule of values (cost breakdown) prepared by the CONTRACTOR.
b. CONSULTANT shall review the final version of the Schedule of Values (SOV) with the CITY and receive confirmation that the SOV is acceptable to the CITY, prior to responding to the CONTRACTOR.
c. CONSULTANT shall review CONTRACTOR’s progress payment requests and determine whether the amount requested reflects the actual status of the CONTRACTOR’s work in place, materials on site and other contract requirements. If the payment request is deemed acceptable, transmit the invoice to the CITY for payment within the time periods set forth in the Public Contract Code.
d. CONSULTANT shall prepare the summary cover sheet for the progress payments which will be executed by CONSULTANT, CONTRACTOR and CITY.
e. CONSULTANT shall not recommend final payment to the CONTRACTOR until the CONSULTANT has determined CONTRACTOR has complied with the project closeout requirements, including submittals of record documents, warranties, and operations and maintenance manuals. CITY will release the retention only after a Notice of Completion has been recorded with the Santa Clara County Clerk’s Recorder Office.
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8. CONTRACTOR’s Certified Payroll
a. On a bi-weekly basis, or when otherwise requested by the CITY, State, or other agency or public inquiry, the CONSULTANT shall collect certified payrolls from the CONTRACTOR. Apart from the regular, bi -weekly collection, the CONSULTANT shall obtain payroll records within 10 days of the CITY’s request.
b. CONSULTANT shall only store these records on the project site. c. CONSULTANT is not responsible for reviewing these records for compliance at any time.
d. CONTRACTOR is responsible for submitting electronically their certified payroll records to the State Department of Industrial Relations.
9. Schedule
a. CONSULTANT shall review CONTRACTOR’s initial Baseline schedule submittal to determine whether it is realistic and prepared in accordance with the Contract Documents, that the milestone and Substantial Completion dates meet the overall goal for schedule and that no major conflicts exist. The CONSULTANT shall advise CITY of the review determination and provide written comments to the CONTRACTOR. b. CONSULTANT shall review the CONTRACTOR’s schedule updates and provide written comments to the CONTRACTOR.
c. CONSULTANT shall review and evaluate the CONTRACTOR’s requests for Contract time extension and/or monetary claim, and make written recommendations to the CITY regarding entitlement and the number of days, if any, to be added to the Contract Time(s). If requested by the CITY, CONSULTANT shall provide a written assessment of the time request.
CONSULTANT shall evaluate and negotiate schedule adjustments with the CONTRACTOR.
10. Field Quality Control (Inspection Services)
a. CONSULTANT shall provide field observation services to monitor compliance with the Contract Documents.
i. CONSULTANT staff shall have sufficient training and experience regarding the specific construction activities being performed by CONTRACTOR.
1) CONSULTANT shall provide staffing at a level that match construction load and as required to observe
CONTRACTOR’s activities.
2) CONSULTANT shall provide subconsultant(s) as needed to observe specialty work and/or conduct specialty tests (see Special Inspections).
b. Reporting
i. CONSULTANT shall prepare daily inspection reports documenting observed field activities, field crews, CONTRACTOR equipment, and Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11
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field problems. Field activities shall be logged hourly, if applicable.
CONSULTANT shall collect CONTRACTOR daily reports on a weekly basis. Such information shall be accessible by the City. ii. CONSULTANT shall provide and maintain photographs of field activities for status monitoring of the project.
iii. CONSULTANT shall monitor record documents (redline drawings) on a bi- weekly basis to determine if they are being maintained by the CONTRACTOR and are in substantial conformance with the
CONSULTANT’s information/observations.
iv. CONSULTANT shall prepare a monthly report to include major work performed, outstanding issues, project photographs, schedule status, pending and executed change orders summary, and quality issues.
This report shall also be part of CONSULTANT’s monthly prog ress payment report.
c. Special Inspections
i. CONSULTANT shall furnish the materials testing and special inspections required to be performed for the Project. Special Inspection and materials testing include, but are not limited to:
1) Soils testing for HazMat compliance
2) Soils compaction and relevant testing
3) Asphalt compaction and relevant testing
4) Concrete sampling and testing
5) Coating surface preparation (including cleaning) and application inspection
6) CIPP surface preparation (including cleaning), materials, and installation inspection
7) Special inspections as listed in the project specific design 8) drawings and specs.
9) HDPE pipe fusion inspection
ii. CONSULTANT shall schedule and coordinate the material testing services and have responsibility for the specialty inspections and testing services.
11. System Outages
a. CONSULTANT shall review and evaluate the CONTRACTOR’s system outage requests (SOR) in conjunction with the CITY. CONSULTANT shall assess the reasonableness of the duration of the requested shutdown. b. The SORs shall be reviewed and approved at least two weeks ahead of the actual outage/shutdown.
c. CONSULTANT shall facilitate/coordinate shutdowns with the CONTRACTOR, CITY and ENGINEER.
i. CITY is responsible for reviewing and approving system outage request and duration, confirming the outage is properly planned, Docusign Envelope ID: 1ACF5FFE-8A78-4D06-96E2-AB4E525B4AD8 Item 11
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implementing the outage, and bringing services back online after the outage.
12. Means and Methods of Construction
a. CONSULTANT shall not direct the means and methods of construction.
CONTRACTOR shall be solely responsible for the means and methods of construction. In the event when the CONTRACTOR’s means and methods and/or work sequence are perceived to have negative impacts on the final work quality or may damage existing City’s property, the CONSULTANT shall communicate with the CONTRACTOR and inform the CITY and ENGINEER.
13. Construction Staging and laydown Area
CONSULTANT shall periodically observe the construction staging and laydown areas to check if:
a. Equipment and materials are being stored in accordance with the manufacturers’ procedure (e.g., protection from weathering elements). b. Exiting plant equipment (e.g., electrical switchgear) are being protected. c. Heavy loads are not concentrated at or adjacent to locations were underground utility (s) is present.
d. CONTRACTOR is maintaining any necessary access.
e. Site is cleaned up each day.
f. Site is isolated and general public and wildlife are protected.
14. Safety
a. CONSULTANT shall comply with appropriate regulatory, project and CITY codes in addition to CONSULTANT’s Health and Safety Plan regarding necessary safety equipment and procedures used during performance of the CONSULTANT’s work and shall take necessary precautions for safe operation of the CONSULTANT’s work, and the protection of the CONSULTANT’s personnel from injury and damage from such work. b. Neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT’s employees or sub- consultants at the construction/project site, shall relieve the CONTRACTOR and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending, or coordinating their work in accordance with the Contract Documents, City codes, and any health or safety precautions r equired by pertinent regulatory agencies. CONSULTANT and its personnel have no authority to exercise any control over any CONTRACTOR or other entity or their employees in connection with their work or any health or safety precautions.
15. Corrective Work Item List
a. The CONSULTANT shall prepare and maintain a Corrective Work Item list (CWL) with the input from the CITY and ENGINEER.
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b. CONSULTANT shall confirm that the items identified in the CWL are completed in preparation for issuance of Substantial Completion Certificate (SCC).
a. CONSULTANT shall prepare the SCC for execution by the CITY and the CONTRACTOR when the Corrective Work Items are completed to the CITY’s, ENGINEER’s and The CONSULTANT’s satisfaction.
Task 4: Project Closeout Phase
1. Punch List and Final Inspection
a. Punch List
i. CONSULTANT shall identify work with outstanding deficiencies and generate Punch List in Excel. Coordinate site walkthrough with the CITY and CONTRACTOR, as needed.
ii. CONSULTANT shall have primary responsibility for verifying that the Punch List work is complete.
b. Final Inspection
i. CONSULTANT shall have primary responsibility for conducting the final inspection. Coordinate site walkthrough with the CITY and CONTRACTOR, as needed.
1) CITY will participate and provide input on the final inspection. 2) ENGINEER will provide design input on final inspection items if determined necessary by the CITY.
2. Warranty Coordination
a. CONSULTANT shall maintain a warranty file in the online document tracking system. All warranty documentation shall be handed off to the CITY at conclusion of the contract.
3. Project Closeout
a. CONTRACTOR shall furnish record documents, which the CONSULTANT shall review and transmit to ENGINEER for preparation of record drawings. b. CONSULTANT shall prepare necessary CITY documentation recommending acceptance of the completed work by the CITY.
c. CONSULTANT shall turn over project documentation to the CITY in an orderly manner and in a timely manner after completion of the project and all punch list activities. The CONSULTANT shall retain all change event files at the end of the project. The CITY shall have the right to request review and/or copies of the change events files.
d. CONSULTANT shall download all the files from the on -line document management system, save them on an external hard drive, and mail it to the City Project Manager for City’s record.
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Task 5: Allowance for Non-Regular Hour Work
1. CITY may set an allowance for inspection services during non -regular work hours such as night time and weekends. CONSULTANT shall estimate sufficient hours to cover all inspectional services. Authorization by City Project Manager is required prior to scheduling overtime work.
Work Order No. 4: Milestone Schedule of Performance
TASK # MILESTONES
NUMBER OF WEEKS TO
COMPLETION FROM
WORK ORDER #4 NOTICE
TO PROCEED1 (NTP)
NO LATER THAN DATE
Task 1 General Requirements/
Project Management
51 Weeks 12/31/2024
Task 2 Pre-Construction 14 Weeks 4/15/2024
Task 3 Construction Phase 103 Weeks 12/31/2025
Task 4 Project Closeout 129 Weeks 06/30/2026
Task 5 Allowance for Non-Regular
Hour Work
129 Weeks 06/30/2026
Note 1. Assume NTP issuance on 1/8/2024
Work Order No. 4: Milestone Compensation Schedule
TASK # MILESTONES NOT TO EXCEED
AMOUNT
Task 1 General Requirements/ Project Management $44,460 Task 2 Pre-Construction $85,510
Task 3 Construction Phase $689,505
Task 4 Project Closeout $35,250
Task 5 Allowance for Non-Regular Hour Work $103,270
Sub-total Basic Services $957,995 Reimbursable Expenses $12,100 Total Basic Services and Reimbursable Expenses $970,095 Additional Services (per Section 4) (Not to Exceed) $127,500 Maximum Total Compensation $1,097,595
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 2
(AMENDED, REPLACES PREVIOUS)
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on -call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
TASK ORDER #1/WORK ORDER #4
Tasks 1-4 of Work Order #4 will be completed within 129 Weeks from the Notice to Proceed for Work Order #4 or by June 30, 2026.
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EXHIBIT “C”
COMPENSATION, AMENDMENT NO. 2
(AMENDED, REPLACES PREVIOUS)
CITY agrees to compensate CONSULTANT for on -call, as -needed, time -limited project support services performed in accordance with the terms and conditions of this Agreement, and as set forth in a specific Task Order budget schedule. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 and Exhibit C-2 up to the not to exceed budget amount for each task set forth in a specific Task Order.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories within a specific Task Order, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: up to the not-to-exceed amount of $12,100.
WORK ORDER #4
Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #4, Not to Exceed:
Total Basic Services and Reimbursable Expenses $970,095 Additional Services (per Section 4) (Not to Exceed) $127,500 Maximum Total Compensation $1,097,595
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EXHIBIT “C-2”
SCHEDULE OF RATES, AMENDMENT NO. 2
(ADDED)
The applicable rate schedule by which CONSULTANT will be paid for Services rendered under this Agreement and its Task Order(s), if any, is set forth below as Exhibit “C -2”, entitled “SCHEDULE OF RATES”. The fee schedules attached hereto in Exhibit C-2 shall apply during the second year of the term for Work Order #4 (effective March 1, 2025) . Thereafter, CONTRACTOR’s compensation rates shall be adjusted annually effective on the commencement of the second year, as follows: Each unit price, hourly rates, and fee, as set forth the attached fee schedule, shall be adjusted by a percentage equal to the cha nge in the Consumer Price Index for Urban Wage Earners and Clerical Workers for the San Francisco -Oakland-San Jose area, published by the United States Department of Labor Statistics (CPI), published most immediately preceding the commencement of the applicable contract year, compared with the CPI published for the prior year. Notwithstanding the foregoing, in no event shall CONSULTANT’s compensation rates be increased by an amount exceeding five percent of the rates effective during the immediately preceding contract year. Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation as set forth herein shall be at no cost to the CITY. CONSULTANT’s markup on work performed by any authorized subconsultant shall not exceed five percent (5%).
CONSULTANT’s schedule of rates is as follows:
Consultant Labor Categories 2025
Hourly Rate
Tanner Pacific, Inc.
Principal-in-Charge $325.00
Construction Manager $266.00
Resident Engineer $240.00
Project Engineer $130.00
Inspector $205.00
Inspector's Truck $7.50
Subconsultant Labor Categories 2025
Hourly Rate
Bay Area Coating Consultants, Inc.
Building/Construction
Inspector Tester – Group 4:
Regular rate $127.00
Overtime $190.50
Double time $254.00
Truck/Equipment Charge $10.20
Note: Inspector shall be scheduled 24-hour in advance. Charges are four hours minimum.
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Amendment No. 2 to
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AMENDMENT NO. 6 TO CONTRACT NO. C21179265C
BETWEEN THE CITY OF PALO ALTO
AND CAROLLO ENGINEERS, INC.
This Amendment No. 6 (this “Amendment”) to Contract No. C21179265C (the “Contract” as defined below) is entered into as of June 9 , 2025, by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and CAROLLO ENGINEERS, INC., a California corporation, located at 2795 Mitchell Drive, Walnut Creek, CA 94598 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the Parties to provide construction management and inspection services on an on- call, as-needed, time-limited basis in connection with individual projects or inspection tasks at the Regional Water Quality Control Plant (RWQCP), as detailed therein.
B. The Parties entered into Amendment No. 1 to add Task 2 services (referred to as Work Order No. 2) for Construction Management and Inspection Services for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 1 Project, and to increase compensation by Six Hundred Four Thousand Two Hundred Forty -Six Dollars ($604,246.00), from One Dollar ($1.00) to Six Hundred Four Thousand Two Hundred Forty-Seven Dollars ($604,247.00), as detailed therein.
C. The Parties entered into Amendment No. 2 to (1) extend the contract term through March 31, 2028; (2) add Task 3 services (referred to as Work Order No. 3) for Construction Management Services for the Secondary Treatment Upgrades Project; and (3) increase compensation by Eight Million Two Hundred Thirty-Seven Thousand Twenty-One Dollars ($8,237,021.00), from Six Hundred Four Thousand Two Hundred Forty-Seven Dollars ($604,247.00) to Eight Million Eight Hundred Forty-One Thousand Two Hundred Sixty-Eight Dollars ($8,841,268.00), as detailed therein.
D. The Parties entered into Amendment No. 3 to (1) add Task 1A services (referred to as Work Order No. 1A) for Construction Management Services for the Primary Sedimentation Tank Rehabilitation and Equipment Room Electrical Upgrade Project; and (2) increase compensation by Three Hundred Eighty-Eight Thousand Five Hundred Thirty-Eight Dollars ($388,538.00), from $8,841,268.00 to Nine Million Two Hundred Twenty-Nine Thousand Eight Hundred Six Dollars ($9,229,806.00), as detailed therein.
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E. The Parties entered into Amendment No. 4 to (1) add Task 4 services (referred to as Work Order No. 5) for Construction Management Services for the Local Advanced Water Purification System; (2) increase compensation by Four Million One Hundred Fifty-One Thousand Three Hundred Eighty -Six Dollars ($4,151,386.00), from Nine Million Two Hundred Twenty -Nine Thousand Eight Hundred Six Dollars ($9,229,806.00) to Thirteen Million Three Hundred Eighty -One Thousand One Hundred Ninety-Two Dollars ($13,381,192.00); (3) add Haley & Aldrich, Inc. as a subcontractor; and (4) add Exhibit C-2 Schedule of Rates, as detailed therein.
F. The Parties entered into Amendment No. 5 to (1) add Task 6 services (referred to as Work Order No. 2B) for Construction Management and Inspection Services for the 12kV Electrical Power Distribution Loop Rehabilitation Bid Package 2 Project; (2) increase compensation by One Million Three Hundred Fourteen Tho usand One Hundred Ninety -Two Dollars ($1,314,192), from Thirteen Million Three Hundred Eighty-One Thousand One Hundred Ninety-Two Dollars ($13,381,192.00) to Fourteen Million Six Hundred Ninety-Five Thousand Three Hundred Eighty-Four Dollars ($14,695,384.00); and (3) add Exhibit C-2 Schedule of Rates, as detailed therein.
G. The Parties now wish to amend the Contract in order to (1) add Task 7 services (referred to as Work Order No. 4A ) for Construction Management and Inspection Services for the Joint Intercepting Sewer Rehabilitation Phase 1 Project ; (2) increase compensation by Three Hundred N inety-Seven Thousand Eight Hundred Dollars ($397,800) ), from Fourteen Million Six Hundred Ninety-Five Thousand Three Hundred Eighty-Four Dollars ($14,695,384.00) to Fifteen Million Ninety -Three Thousand One Hundred Eighty-Four Dollars ($15,093,184); and (3) add Exhibit C-2 Schedule of Rates, as detailed herein.
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean Contract No. C21179265C between CONSULTANT and CITY, dated June 14, 2021, as amended by:
Amendment No. 1, dated November 7, 2022
Amendment No. 2, dated December 5, 2022
Amendment No. 3, dated October 16, 2023
Amendment No. 4, dated June 10, 2024
Amendment No. 5, dated October 28, 2024
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
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SECTION 2. Section 4 “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows:
“The CITY is engaging multiple consultants, including CONSULTANT, that are eligible to respond with proposals to the CITY’s project -specific Task Orders under the process described in Exhibit A. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Dollar ($1), unless CITY selects CONSULTANT, according to the process in Exhibit A, to perform services under one or more Task Orders not to exceed Fifteen Million Ninety -Three Thousand One Hundred Eighty - Four Dollars ($15,093,184.00) over the term of the Agreement. No pre -qualified consultant, including the CONSULTANT under this Agreement, is guaranteed selection or assured of any minimum quantity of work to be performed. In the event CONSULTANT is not selected to provide Services under a Task Order, no payment is due from CITY.
The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES” and Exhibit C-2, entitled “SCHEDULE OF RATES, AMENDMENT NO. 6.” Any work performed, or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.
A. The City has selected CONSULTANT to perform Work Order #2, for Construction Management and Inspection Services for the Medium Voltage Electrical Network (12kV Elec. Loop) Rehabilitation Bid Package 1 Project, in the amount not to exceed Five Hundred Forty -Nine Thousand Three Hundred Fifteen Dollars ($549,315.00).
CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #2 shall not exceed Six Hundred Four Thousand Two Hundred Forty-Seven Dollars ($604,247.00).
B. The City has selected CONSULTANT to perform Work Order #3, for Construction Management Services for the Secondary Treatment Upgrades Project, in the amount not to exceed Seven Million Four Hundred Eighty-Eight Thousand Two Hundred One Dollars ($7,488,201.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #3 shall not exceed Eight Million Two Hundred Thirty-Seven Thousand Twenty-One Dollars ($8,237,021.00).
C. The City has selected CONSULTANT to perform Work Order #1A, for Construction Management Services for the Primary Sedimentation Tank Rehabilitation and Equipment Room Electrical Upgrade Project, in the amount not to exceed Two Hundred Forty -Six Thousand Seven Hundred Dollars ($246,700.00). CONSULTANT Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11
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agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #1A shall not exceed Three Hundred Eighty-Eight Thousand Five Hundred Thirty-Eight Dollars ($388,538.00).
D. The City has selected CONSULTANT to perform Work Order #5, for Construction Management Services for the Local Advanced Water Purification System, in the amount not to exceed Three Million Seven Hundred Seventy-Three Thousand Nine Hundred Eighty-Seven Dollars ($3,773,987.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #1A shall not exceed Four Million One Hundred Fifty -One Thousand Three Hundred Eighty -Six Dollars ($4,151,386.00).
E. The City has selected CONSULTANT to perform Work Order #2B, for Construction Management and Inspection Services for the Medium Voltage Electrical Network (12kV Elec. Loop) Rehabilitation Bid Package 2 Project, in the amount not to exceed One Million One Hundred Ninety -Four Thousand Seven Hundred Twenty Dollars ($1,194,720.00). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #2B shall not exceed One Million Three Hundred Fourteen Thousand One Hundred Ninety -Two Dollars ($1,314,192.00).
F. The City has selected CONSULTANT to perform Work Order #4A, for Construction Management and Inspection Services for the Joint Intercepting Sewer Rehabilitation (JISR) Rehabilitation Phase 1 Project, in the amount not to exceed Three Hundred Six Thousand Dollars ($3 06,000). CONSULTANT agrees to complete all Basic Services, including reimbursable expenses, within this amount. In the event Additional Services (as defined below) are authorized, the total compensation for Basic Services, Additional Services and reimbursable expenses for Work Order #4A shall not exceed Three Hundred Ninety-Seven Thousand Eight Hundred Dollars ($397,800).
Optional Additional Services Provision (This provision applies only if checked and a not-to- exceed compensation amount for Additional Services is allocated below under this Section 4.)
In addition to the not-to-exceed compensation specified above, CITY has set aside the not-to- exceed compensation amount of Fifty -Four Thousand Nine Hundred Thirty -Two Dollars ($54,932.00) for the performance of Additional Services for Work Order #2; Seven Hundred Forty-Eight Thousand Eight Hundred Twenty Dollars ($748,820.00) for Work Order #3; One Hundred Forty-One Thousand Eight Hundred Thirty -Eight Dollars ($141,838.00) for Work Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11
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Amendment No. 6 to
Contract No. C21179265C
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Order #1A; Three Hundred Seventy -Seven Thousand Three Hundred Ninety-Nine Dollars ($377,399.00) for Work Order #5;One Hundred Nineteen Thousand Four Hundred Seventy- Two Dollars ($119,472.00) for Work Order 2B ; and Ninety-One Thousand Eight Hundred Dollars ($91,800) for Work Order #4A . The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Fifteen Million Ninety -Three Thousand One Hundred Eighty -Four Dollars ($15,093,184), as detailed in Exhibit C.
“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services described in a Task Order issued under Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Sec tion. Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”.
Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter -signature by the CITY Project Manager), the fully executed Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4. CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4.
Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.”
SECTION 3. The following exhibit(s) to the Contract are hereby amended, as indicated below, to read as set forth in the attachment(s) to this Amendment, which are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A-5” entitled “PROFESSIONAL SERVICES TASK ORDER NO. 7A (WORK ORDER 4A), AMENDMENT NO. 6” (ADDED).
b. Exhibit “B” entitled “SCHEDULE OF PERFORMANCE, AMENDMENT NO. 6” (AMENDED,
REPLACES PREVIOUS)
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c. Exhibit “C” entitled “COMPENSATION, AMENDMENT NO. 6,” (AMENDED, REPLACES PREVIOUS).
d. Exhibit “C-3” entitled “SCHEDULE OF RATES, AMENDMENT NO. 6,” (ADDED).
SECTION 4. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 5. Incorporation of Recitals. The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the Parties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
______________________________
City Manager or Designee
APPROVED AS TO FORM:
______________________________
City Attorney or Designee
CAROLLO ENGINEERS, INC.
Officer 1
By:_____________________________
Name:__________________________
Title:____________________________
Officer 2
By:_____________________________
Name:__________________________
Title:____________________________
Attachments:
Exhibit “A-5”: PROFESSIONAL SERVICES TASK ORDER NO. 7 (WORK ORDER 4A), AMENDMENT NO. 6 (ADDED)
Exhibit “B”: SCHEDULE OF PERFORMANCE, AMENDMENT NO. 6 (AMENDED, REPLACES PREVIOUS) Exhibit “C”: COMPENSATION, AMENDMENT NO. 6 (AMENDED, REPLACES PREVIOUS) Exhibit “C-3”: SCHEDULE OF RATES, AMENDMENT NO. 6 (ADDED) Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Senior Vice President
Rick Chan, Senior Vice President
Executive Vice President
Anne E. Prudhel
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EXHIBIT “A-5”
PROFESSIONAL SERVICES TASK ORDER NO. 7 (WORK ORDER 4A), AMENDMENT NO. 6 (ADDED)
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO. C21179265C
1A. MASTER AGREEMENT NO.: C21179265C
1B. TASK ORDER NO 7: Work Order No. 4A for Construction Management Services for the Joint Intercepting Sewer Rehabilitation (JISR) Phase 1 Project
2. CONSULTANT NAME: CAROLLO ENGINEERS, INC.
3. PERIOD OF PERFORMANCE:
START: Immediately Once Notice to Proceed (NTP) is Issued; COMPLETION: 12/31/2025
4 TOTAL TASK ORDER NO. 4A PRICE: $306,0000.00
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT: $0
5. WBS/CIP: WQ-24000
6. CITY PROJECT MANAGER: Tom Kapushinski Public Works Department, Environmental Services Division, RWQCP
7. DESCRIPTION OF SCOPE OF SERVICES MUST INCLUDE:
Services and Deliverables to Be Provided
Schedule of Performance
Maximum Compensation Amount and Rate Schedule (As Applicable) Reimbursable Expenses, If Any (With “Not to Exceed” Amount)
8. ATTACHMENTS: Task Order No. 4A Scope of Services, including Schedule of Performance and Compensation Schedule
TASK ORDER #7 (WORK ORDER 4A) SCOPE OF SERVICES
A. General Requirements
1. For any work which requires licensing, the Proposers shall be appropriately licensed in accordance with the laws of the State of California. The cost for any required licenses or permits shall be the responsibility of the successful Proposers.
2. Special requirements:
a. Resident Engineer shall have a minimum of 5 years of construction management, cured-in-place pipe (CIPP), and confined space entry experience. b. Staff’s related construction experience (years and projects) shall include:
i. Minimum 5 years of demonstrated experience in large diameter pipeline rehabilitation projects using CIPP lining, coordinating wastewater treatment facility Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11
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process shutdowns, and overseeing high- volume bypass operations. NASSCO CIPP lining inspector certification is required. Municipal wastewater treatment operations experience is a bonus.
ii. Minimum 5 years of demonstrated experience in inspection of concrete repairs, surface preparations and coating applications.
iii. Minimum 5 years of demonstrated experience in inspection of high- density polyethylene (HDPE) pipe fusion and installation.
c. During construction when there is a need to replace the proposed personnel , CONSULTANT shall submit the associated resume and minimum two references (names, agencies, email addresses, and phone numbers) for each of their proposed Project Manager, Resident Engineer, and specialty inspectors for HDPE pipe fusion and CIPP lining for City Project Manager’s review and approval.
3. At the beginning of each month, CONSULTANT shall submit to the CITY monthly invoices for the cost incurred during previous month; including subconsultant and expenses.
4. CONSULTANT shall prepare and submit monthly invoice packages to the City. The City prefers processing CONSULTANT pay requests that cover one calendar month. Monthly invoice packages are to include a progress report documenting progress. The report shall include the progress by each task, the budget status (authorized amount, current billing, billed to date, previously billed, amount remaining, and percent spent), outstanding issues, potential changes, project schedule and schedule impacts. CONSULTANT shall identify and mitigate potential budget overruns; and notify CITY Project Manager as soon as the potential overrun is identified.
B. Construction Phase Tasks
1. Construction Administration
a. Project Coordination
i. In collaboration with Tanner Pacific, CONSULTANT shall act as the project coordinator and the point of contact for all communications with the CONTRACTOR. The CONSULTANT shall coordinate construction activities of the CITY, ENGINEER, and CONTRACTOR. CONSULTANT responsibilities include:
Conduct team meetings within the consulting firm to review progress, coordinate evaluations and identify information needs; Disseminate information to the design team;;
Coordinate communications with other ongoing project’s construction managers to facilitate the construction of ongoing projects and continuous Plant operations.
ii. CONSULTANT shall provide a contact phone number to respond to issues related to construction activity or coordination, 24 hours a day, 7 days a week. b. Document Tracking System: CONSULTANT shall establish, implement and maintain an online system for tracking all correspondence and documents on the Project or shall adopt a project administration procedure previously approved by CITY. CONSULTANT shall incorporate within the tracking system the means to track the routing of submittals/RFIs to the CITY’s other consultants.
2. Meetings
a. CONSULTANT shall participate in progress meetings and other construction meetings Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11
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required during the Project, which includes weekly or bi-weekly meetings with the CONTRACTOR and CITY.
b. CONSULTANT shall facilitate and prepare records of discussions for the progress meetings and other construction related meetings.
c. CONSULTANT shall have all pending decisions detailed for the meetings as well as project statistics (schedule updates, approximate percent project complete, near- term milestones).
d. Anticipated Meetings
i. Weekly update meeting
ii.
iii. Project close-out Meeting
iv. Attend other concurrent projects’ kickoff meetings Periodic coordination meetings with other ongoing projects’ construction managers and the City
3. Submittals
a. CONSULTANT shall use the online document tracking system to log and coordinate the submittal process.
b. CONSULTANT shall receive the submittals, including CONTRACTOR’s red- line drawings, from the CONTRACTOR and check the submittals for general conformity with the Construction Contract requirements. If obvious deficiencies are apparent in the submittal, the C ONSULTANT will shall reject and send the submittal back to the CONTRACTOR for correction.
c. CONSULTANT shall route the submittals to the ENGINEER for review and shall route the reviewed submittal back to the CONTRACTOR. The CONSULTANT shall review comments on the submittals to determine if additional follow -up with the CONTRACTOR and/or ENGINEER is warranted and to identify any scope changes. d. CONSULTANT shall coordinate the ENGINEER’s submittal review and the track the status of shop drawing resubmittals with the CONTRACTOR.
e. In addition to the CONSULTANT, ENGINEER to review all design related submittals and all submittals for temporary facilities. f. CONSULTANT shall review temporary facilities submittals for conflicts with other ongoing projects’ active and/or proposed construction. The City may request CONSULTANT review other ongoing projects’ temporary facilities submittals for constructability issues.
g. CONSULTANT shall review temporary facilities submittals for operability.
4. Request for Information/Clarification Process
a. CONSULTANT shall utilize the online document tracking system for processing requests for design clarifications.
b. CONSULTANT shall receive all requests for information (RFIs) from the CONTRACTOR and determine if the request is a valid RFI;
i. If valid, ENGINEER will review the RFIs and provide design response.
CONSULTANT shall review the ENGINEER’s response, verify acceptability of response and transmit the Clarification Response to the CONTRACTOR. ii. If not, CONSULTANT shall return the RFI to the CONTRACTOR with justifications. c. CONSULTANT shall provide a response within 10 days to the CONTRACTOR for any administrative, field condition specific and general RFI. d. ENGINEER shall prepare Design Clarifications where design issues are identified by the Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11
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CONSULTANT, ENGINEER, or CITY. CONSULTANT shall prepare the Clarification Letter for transmittal to the CONTRACTOR of the ENGINEER’s Design Clarification and other clarifications.
e. CONSULTANT shall work with the CITY Project Manager to maintain an Error and Omission Log to document RFIs and RFCs that are a result of ENGINEER and CONTRACTOR errors in design and construction, respectively. The log shall record the hours spent by the ENGINEER to respond to the RFIs/ RFCs and associated cost impact to the construction. CITY may seek reimbursement from the ENGINEER and/or CONTRACTOR.
5. Change Order Preparation, Negotiation & Processing
a. CONSULTANT shall review all change order requests (either initiated by the CITY or by the CONTRACTOR).
i. CONSULTANT shall utilize the online document tracking system to log, track, and process changes.
ii. CONSULTANT shall maintain Change Event files. These files shall compile all data related to specific items that arise that may have cost or time impacts or neither. b. CONSULTANT shall judge the validity and/or merits of all CONTRACTOR initiated change order requests. CONTRACTOR initiated change orders deemed unnecessary, or not substantiated by a deficiency in the construction documents shall be returned to CONTRACTOR unapproved with an explanation.
c. CONSULTANT shall negotiate change orders with the CONTRACTOR, considering impact to the schedule, as well as, reasonableness of cost, and impact to total project budget.
CONSULTANT shall provide updates regarding potential cost and schedule changes to CITY.
d. CONSULTANT shall prepare an independent cost estimate and/or verify the acceptability of the CONTRACTOR’s cost proposal for each approved change request. At CITY’s discretion, ENGINEER’s opinion may be requested for specific equipment and material costs.
e. CONSULTANT shall prepare change orders using CITY’s procedure for execution by the CITY and CONTRACTOR.
i. CONSULTANT shall prepare a Change Order Memorandum, if requested by the CITY, to provide additional background discussion for need of the change and reasonableness of cost and schedule impact.
ii. ENGINEER shall prepare design details for change requests as needed.
CONSULTANT to coordinate schedule and distribution of design details. iii. CONSULTANT shall prepare, and issue approved change order requests to the CONTRACTOR with the appropriate design documents as directed by the CITY. f. In the event the CONTRACTOR encounters a time sensitive problem where time is not available to negotiate a settlement, CONSULTANT shall issue a field order. i. All work done under a field order will be completed on a time and material basis. CONSULTANT to track actual time and material expended for the field order work.
ii. Field orders shall be reviewed and approved with the CITY prior to issuance.
6. Documentation of Environmental Compliance
a. CONSULTANT shall document compliance with environmental permitting and mitigation measures in accordance with the requirements of the environmental documents and regulatory permits.
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7. Progress Payment
a. CONSULTANT shall review the initial schedule of values (cost breakdown) prepared by the CONTRACTOR and generate a progress payment request form for the CONTRACTOR’s use.
b. CONSULTANT shall review and process the progress payment requests and determine whether the amount requested reflects the actual status of the Contractor’s work in place, materials on site and other contract requirements. c. CONSULTANT shall perform the appropriate administration, preparation and processing of the monthly progress payments so the CITY can respond in accordance with the time periods set forth in the Public Contract Code.
d. CONSULTANT shall prepare the summary cover sheet for the progress payments which will be executed by CONSULTANT, CONTRACTOR and CITY.
e. CONSULTANT shall not recommend final payment to the CONTRACTOR until the CONSULTANT has determined CONTRACTOR has complied with the project closeout requirements, including submittals of record documents, warranties, and operations and maintenance manuals. CITY will release the retention only after a Notice of Completion has been recorded with the Santa Clara County Clerk’s Recorder Office. f. CONSULTANT shall work with Contractor to develop an estimate of CONSULTANT as well as contractor’s anticipated monthly pay request (billing/invoicing) schedule for the entire duration of the construction phase.
8. CONTRACTOR’s Certified Payroll
a. On a bi-weekly basis, or when otherwise requested by the CITY, State, or other agency or public inquiry, the CONSULTANT shall collect certified payrolls from the CONTRACTOR. Apart from the regular, bi -weekly collection, the CONSULTANT shall obtain payroll records within 10 days of the CITY’s request. b. CONTRACTOR is responsible for submitting electronically their certified payroll records to the State Department of Industrial Relations.
c. CONSULTANT shall be responsible for documenting and conducting interviews of the CONTRACTOR’s field staff/crew for compliance with CITY prevailing wage ordinance.
9. Schedule
a. CONSULTANT shall review CONTRACTOR’s initial Baseline schedule submittal to determine whether it is realistic and prepared in accordance with the Contract Documents, that the milestone and Substantial Completion dates meet the overall goal for schedule and that no major conflicts exist. The CONSULTANT shall advise CITY of the review determination and provide written comments to the CONTRACTOR. b. CONSULTANT shall review the CONTRACTOR’s schedule updates and provide written comments to the submitted update.
c. CONSULTANT shall review and evaluate the CONTRACTOR’s requests for Contract Time extension and make written recommendations to the CITY regarding entitlement and the number of days, if any, to be added to the Contract Time(s). If requested by the CITY, CONSULTANT shall provide a written
assessment of the time request. CONSULTANT shall negotiate schedule adjustments with the CONTRACTOR.
10. Field Quality Control (Inspectional Services)
a. CONSULTANT shall provide field observation services to monitor compliance with the Contract Documents.
i. CONSULTANT staff shall have sufficient training and experience Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11
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regarding the specific construction activities being performed by CONTRACTOR.
1) CONSULTANT shall provide staff proportional as what is required to observe CONTRACTOR’s activities.
2) CONSULTANT shall submit inspection schedule showing
inspection frequency, duration and level of efforts.
3) CONSULTANT shall provide subconsultant(s) as needed to observe specialty work or increase staffing levels (see Special Inspections). 4) CITY may set an allowance on a task order specific basis for the increased cost only of inspectional services if required during off hours and on weekends. Consultant to provide sufficient hours to cover all inspectional services anticipated at standard rates.
b. Reporting
i. CONSULTANT shall prepare daily inspection reports documenting observed field activities, field crews, CONTRACTOR equipment, and field problems.
CONSULTANT shall collect and compile CONTRACTOR daily reports. ii. CONSULTANT shall provide and maintain photographs of field activities for status monitoring of the project.
iii. CONSULTANT shall monitor record documents (redline drawings) on a bi-weekly basis to determine if they are being maintained by the CONTRACTOR and are in substantial conformance with the CONSULTANT’s information/observations. iv. CONSULATNT shall prepare a monthly report to include major work performed, outstanding issues, project photographs, schedule status, pending and executed change orders summary, and quality issues. This report shall also be part of CONSULTANT’s monthly progress payment report.
c. Special Inspections
i. CONSULTANT shall furnish the materials testing and special inspections required to be performed for the Project. Special Inspection and materials testing includes, but not limited to:
1) Soils testing for HazMat compliance
2) Soils compaction and relevant testing
3) Asphalt compaction and relevant testing
4) Concrete sampling and testing
5) Coating surface preparation (including cleaning) and application inspection
6) CIPP surface preparation (including cleaning), materials, and installation inspection
7) Special inspections as listed in the project specific design 8) drawings and specs.
9) HDPE pipe fusion inspection
ii. CONSULTANT shall schedule and coordinate the material testing services and have responsibility for the specialty inspections and testing services.
11. System Outages
a. CONSULTANT shall review and evaluate the CONTRACTOR’s system outage requests (SOR) in conjunction with the CITY. CONSULTANT shall assess the reasonableness of the duration of the requested shutdown.
b. The SORs shall be reviewed and approved at least three weeks ahead of the Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11
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actual outage/shutdown.
c. CONSULTANT shall facilitate/coordinate shutdowns with the CONTRACTOR, CITY and ENGINEER.
i. CITY is responsible for reviewing and approving system outage request and duration, confirming the outage is properly planned, implementing the outage, and bringing services back online after the outage.
12. Means and Methods of Construction
a. CONSULTANT shall not direct the means and methods of construction. CONTRACTOR shall be solely responsible for the means and methods of construction. Concerns or suggestions regarding the CONTRACTOR’s means and methods shall be communicated to CITY and ENGINEER.
13. Construction Staging and laydown Area
CONSULTANT shall periodically observe the construction staging and laydown areas to check if:
a. Equipment and materials are being stored in accordance with the manufacturers’ procedure (e.g., protection from weathering elements).
b. Exiting plant equipment (e.g., electrical switchgear) are being protected. c. Heavy loads are not concentrated at or adjacent to locations were underground utility (s) is present.
d. CONTRACTOR is maintaining any necessary access.
e. Site is cleaned up each day.
f. Site is isolated and general public and wildlife are protected.
14. Safety
a. CONSULTANT shall comply with appropriate regulatory, project and CITY codes in addition to CONSULTANT’s Health and Safety Plan regarding necessary safety equipment and procedures used during performance of the CONSULTANT’s work and shall take necessary precautions for safe operation of the CONSULTANT’s work, and the protection of the CONSULTANT’s personnel from injury and damage from such work. b. Neither the professional activities of the CONSULTANT, nor the presence of the CONSULTANT’s employees or sub -consultants at the construction/project site, shall relieve the CONTRACTOR and any other entity of their obligations, duties and responsibilities including, but not limited to, construction means, methods, sequence, techniques or procedures necessary for performing, superintending, or coordinating their work in accordance with the Contract Documents, City codes, and any health or safety precautions r equired by pertinent regulatory agencies. CONSULTANT and its personnel have no authority to exercise any control over any CONTRACTOR or other entity or their employees in connection with their work or any health or safety precautions.
15. Corrective Work Item List
a. The CONSULTANT shall prepare and maintain a Corrective Work Item list (CWL) with the input from the CITY and ENGINEER.
b. CONSULTANT shall confirm that the items identified in the CWL are completed in preparation for issuance of Substantial Completion Certificate (SCC). c. CONSULTANT shall prepare the SCC for execution by the CITY and the CONTRACTOR when the Corrective Work Items are completed to the CITY’s, ENGINEER’s and The CONSULTANT’s satisfaction.
16. Allowance for Non-Regular Work Hours
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CITY may set an allowance for inspection services during non-regular work hours such as night time and weekends. CONSULTANT shall estimate sufficient hours to cover all inspectional services.
Authorization by City Project Manager is required prior to scheduling overtime work.
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Work Order No. 4A: Milestone Schedule of Performance
TASK #
MILESTONES
NUMBER OF WEEKS TO
COMPLETION FROM WORK
ORDER #4A NOTICE TO
PROCEED (NTP)
NO LATER THAN
DATE
Task 1 Construction Phase 16 Weeks 9/15/2025
Work Order No. 4A: Milestone Compensation Schedule
TASK # MILESTONES NOT TO EXCEED
AMOUNT
Task 1 Construction Phase $306,000
Sub-total Basic Services $306,000
Reimbursable Expenses $0
Total Basic Services and Reimbursable Expenses $306,000 Additional Services including Inspection Allowance (per Section 4) (Not to Exceed)
$91,400
Maximum Total Compensation $397,800
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EXHIBIT “B”
SCHEDULE OF PERFORMANCE, AMENDMENT NO. 6
(AMENDED, REPLACES PREVIOUS)
Optional Schedule of Performance Provision for On-Call or Additional Services Agreements. (This provision only applies if checked and only applies to on-call agreements per Section 1 or agreements with Additional Services per Section 4.)
The schedule of performance shall be as provided in the approved Task Order, as detailed in Section 1 (Scope of Services) in the case of on-call Services, or as detailed in Section 4 in the case of Additional Services, provided in all cases that the schedule of performance shall fall within the term as provided in Section 2 (Term) of this Agreement.
WORK ORDER #2
Tasks 1-5 completed within 125 Weeks from the Notice to Proceed for Work Order 2, as detailed in the Milestone Schedule of Performance attached to Work Order #2 (Amendment No.1).
WORK ORDER #3
Tasks 1-5 completed within 276 Weeks from the Notice to Proceed for Work Order 3, as detailed in the Milestone Schedule of Performance attached to Work Order #3 (Amendment No.2).
WORK ORDER #1A
Tasks 1-3 completed within 37 Weeks from the Notice to Proceed for Work Order 1A, as detailed in the Milestone Schedule of Performance attached to Work Order #1A (Amendment No.3).
WORK ORDER #5
Tasks 1-5 completed within 186 Weeks from the Notice to Proceed for Work Order 5, as detailed in the Milestone Schedule of Performance attached to Work Order #5 (Amendment No.4).
WORK ORDER #2B
Tasks 1-4 completed within 186 Weeks from the Notice to Proceed for Work Order 2B, as detailed in the Milestone Schedule of Performance attached to Work Order #2B (Amendment No.5).
WORK ORDER #4A
Task 1 completed within 16 Weeks from the Notice to Proceed for Work Order 4A, as detailed in the Milestone Schedule of Performance attached to Work Order #4A (Amendment No.6).
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DocuSign Envelope ID: 0E6C747C-1EC7-4B0F-8F92-1A8521AE4DD8 DocuSign Envelope ID: 2DEF7E2C-088E-48E4-AC22-3618BA6DB187 Docusign Envelope ID: 57F208E4-2F40-4088-A6F8-F8F27661D783 Vers.: Aug. 5, 2019
EXHIBIT “C”
COMPENSATION, AMENDMENT #5
(AMENDED, REPLACES PREVIOUS)
CITY agrees to compensate CONSULTANT for on -call, as -needed, time -limited project support services performed in accordance with the terms and conditions of this Agreement, and as set forth in a specific Task Order budget schedule. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth in a specific Task Order.
CITY’s Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories within a specific Task Order, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement.
CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY.
REIMBURSABLE EXPENSES
CONSULTANT’S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder.
Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not-to-exceed amount of $0.00.
WORK ORDER #2
Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #2., Not to Exceed:
Total Basic Services and Reimbursable Expenses $549,315 Additional Services (per Section 4) (Not to Exceed) $54,932 Maximum Total Compensation $604,247
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Amendment No. 6 to
Contract No. C21179265C
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WORK ORDER #3
Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #3., Not to Exceed:
Total Basic Services and Reimbursable Expenses $7,488,201 Additional Services (per Section 4) (Not to Exceed) $748,820 Maximum Total Compensation $8,237,021
WORK ORDER #1A
Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #1A., Not to Exceed:
Total Basic Services and Reimbursable Expenses $246,700 Additional Services (per Section 4) (Not to Exceed) $141,838 Maximum Total Compensation $388,538
WORK ORDER #5
Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #5., Not to Exceed:
Total Basic Services and Reimbursable Expenses $3,773,987 Additional Services (per Section 4) (Not to Exceed) $377,399 Maximum Total Compensation $4,151,386
WORK ORDER #2B
Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #2B., Not to Exceed:
Total Basic Services and Reimbursable Expenses $1,194,720 Additional Services (per Section 4) (Not to Exceed) $119,472 Maximum Total Compensation $1,314,192
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Amendment No. 6 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
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WORK ORDER #4A
Compensation as detailed in the Milestone Compensation Schedule attached to Work Order #4A., Not to Exceed:
Total Basic Services and Reimbursable Expenses $306,000 Additional Services (per Section 4) (Not to Exceed) $91,400 Maximum Total Compensation $397,800
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Amendment No. 6 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 11: Staff Report
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EXHIBIT “C-3”
SCHEDULE OF RATES, AMENDMENT NO. 6
(ADDED)
SUBCONSULTANTS’ schedule of rates is as follows (by calendar year):
BAY AREA COATING CONSULTANTS, INC. (BACC)-Effective as of Amendment #6
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Amendment No. 6 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
Item 11: Staff Report
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Docusign Envelope ID: 499CC64F-2530-45DE-B9B7-319F1CD20A89 Item 11
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Amendment No. 6 to
Contract No. C21179265C
with Carollo Engineers,
Inc.
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City Council
Staff Report
From: City Attorney
Report Type: CONSENT CALENDAR
Lead Department: City Attorney
Meeting Date: June 9, 2025
Report #:2505-4618
TITLE
Approval of Contract Amendment Number 1 to Contract Number C24193066 with Origami Risk in the Amount of $3,163 for API Integration Resulting in a New Not-to-Exceed Amount of $209,473 for claims processing services. CEQA Status – Not a Project.
RECOMMENDATION
Staff recommends that City Council approve and authorize the City Manager or designee to execute Amendment No. 1 to Contract Number C24193066 with Origami Risk (Attachment A), to provide claims processing services for a term of 3 years, to increase the contract by $3,163 for a revised total contract not-to-exceed amount of $209,473.
BACKGROUND
The City Attorney's Office is responsible for processing and investigating all claims and handling litigation brought against or by the City. After assessing the Office's needs through interviews of key personnel, the City Attorney’s Office conferred with surrounding jurisdictions, researched the market and various systems online, and received demonstrations of system capabilities from several potential vendors and settled on Origami Risk as the replacement system to Cycom Data Systems. Origami Risk (“Origami”) connects data, automates workflows, provides access to analytics and insights, and improves collaboration and communication. Origami is a privately held company led and wholly owned by an experienced management team. Council approved the Origami contract in the amount of $206,310 on December 16, 20241. While building out the system, it was discovered that having the capability for claims to upload into the Origami system in real time would be the most efficient and show the most accurate data for reporting and investigating purposes.
This amendment will add $3,163 to the Origami Risk contract for the added functionality of API Access which will allow claims against the City to automatically update into the Origami Risk 1 City Council ,December 16, 2024, Agenda Item 17, Staff Report 2411-3837 https://cityofpaloalto.primegov.com/Portal/viewer?id=0&type=7&uid=fa1f2b20-bd3c-4af2-90c4-6011425999bf Item 12
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system. This amendment will continue the existing term of the contract which expires December 16, 2027.
FISCAL/RESOURCE IMPACT
This amendment adds $3,163 to the contract. The funding for the amendment can be absorbed in the City Attorney’s budget.
STAKEHOLDER ENGAGEMENT
The services were coordinated with internal stakeholders and the service provider.
ENVIRONMENTAL REVIEW
The approval of this contract is exempt from review under the California Environmental Quality Act (CEQA) under CEQA Guidelines section 15061(c)(3) because it can be seen that there is no possibility that the activity in question may have a significant effect on the environment.
ATTACHMENTS
Attachment A: Origami Risk, C24193066, Amendment No. 1
APPROVED BY:
Molly Stump, City Attorney
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CONFIDENTIAL
ORDER FORM #20250404
CONTACT INFORMATION
Client: City of Palo Alto Bill To Contact:
Address: 250 Hamilton Ave.
Palo Alto, California 94301
Bill To Email: [email protected]
Primary Contact: Tricia Hoover Is purchase order (PO) required? Primary Contact Email:
[email protected]
Upon entering into this Order Form, please send any Pos, vendor registration links or tax exemption certificates to [email protected]
SUBSCRIPTION DETAILS
Effective Date: 2025-04-04
End Date: 2027-12-16
RECURRING SUBSCRIPTIONS – LICENSES
Subscription Quantity / Functionality Purchased
Added Origami API Access Up to 5,000 call(s) per day
Subscription added Current Period Total: $5,175.00
Subscription added Annual Total: $6,900.00
RECURRING SUBSCRIPTIONS – DATA PROCESSING
Subscription Quantity / Functionality
Removed OpenForms Import or Export Functionality Removed Subscription removed Current Period Total: ($4,312.50)
Subscription removed Annual Total: ($5,750.00)
Total Current Period Fees: $862.50
Total Annual Fees: $1,150.00
BILLING DETAILS AND ADDITIONAL TERMS
This Order Form is effective as of the Effective Date (as identified above) for the purchase of the subscription services listed above from Origami Risk LLC (“Origami”). This Order Form is subject to all the terms and conditions of the underlying agreement between Client and Origami (the “Agreement”). To the extent the Agreement does not contemplate order forms, this Order Form will be deemed a Statement of Work for purposes of the Agreement. This Order Form will be deemed a part of the Agreement.
Fees for the current year of recurring subscription fees and all one-time fees under this Order Form will be invoiced and due upon execution of this Order Form. Fees for ongoing contract years are due annually upfront on each anniversary date thereafter. All fees are subject to applicable sales tax, which will appear separately on each invoice. All travel costs and expenses will be pre-approved by Client in writing and billed to Client as incurred.
Service descriptions and service-specific terms and conditions are set forth at origamirisk.com/servicedescriptions, which are hereby incorporated by reference in the form available at such link as of the Effective Date. Additional professional services may be set forth in other Statements of Work as agreed between the parties.
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CONFIDENTIAL
ORDER FORM APPROVAL The undersigned agree to this Order Form. ORIGAMI RISK LLC CITY OF PALO ALTO By: __________________________________ By: __________________________________ Name: Earnest Bentley Name: _______________________________ (Print Name) (Print Name) Title: President, Risk Solutions Date: April 3, 2025 Title: _________________________________ Date: ________________________________ Item 12
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Page i
STATEMENT OF WORK #20250404 This Statement of Work (“SOW”) describes services to be performed by Origami Risk LLC (“Origami”) for City of Palo Alto (“Client”). This SOW is subject to all the terms and conditions of the underlying agreement between Client and Origami (the “Agreement”). Capitalized terms used herein shall have the meanings set forth in the Agreement. TERM The term of this SOW shall begin upon the execution of this SOW by both parties and shall terminate upon the completion of the implementation work described herein. IMPLEMENTATION Implementation is the process of configuring the Service for use by Client as contemplated in the “Implementation Scope” section of this SOW. Client’s provision of timely and accurate specifications, direction and feedback is essential to the implementation. Both parties understand that time is of the essence with regard to the implementation and agree to use reasonable and good faith efforts to promptly complete the implementation. Based on conversations with the Client, this SOW includes up to 60 hours of professional services for the implementation deliverables set forth in this SOW. In the event that additional hours are needed to complete the implementation deliverables, the parties may enter into a separate amendment or statement of work to purchase such additional hours. Implementation Scope This SOW Removes the following deliverables from SOW #20245000 (60 Hours): Integrations Deliverable Scope Open Cities/ Open Forms Import Deploy the Origami standard import process to perform bulk inserts and updates of data. Assumptions: • Open Cities/Open Forms is the system of record. • Client will provide the data file in delimited or fixed width format using Origami’s standard layout. This SOW adds the following deliverables: RMIS Configuration Deliverable Scope API/Web Service Lookup Provide configuration of claims data API/Web Service Lookup to Open Forms Includes: • Intake of claims information from the client’s Open Forms System and loading to Origami via an API Assumptions: • Integrations using the Origami API will be based on a REST protocol. • Client will provide access to their API and provide support and assistance with data mapping CLIENT ROLES AND RESPONSIBILITIES • Client will designate, prior to the start of the implementation, a single point of contact who shall be responsible to coordinate and manage all activities required within Client’s organization to complete Client’s tasks on the project schedule and make decisions on behalf of Client. This single point of contact may be changed at any time upon Client’s notice to Origami.
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• Client will provide requested information within a reasonable timeframe as agreed upon by Client and Origami; if providing the requested information is not achievable or will take longer than preferred, Client will promptly inform Origami of the situation and alternative solutions will be determined. • Client will help resolve project issues and assist with bringing issues to the attention of the appropriate persons within the organization, as required. • Client will coordinate all activity of Client’s 3rd party providers required to complete tasks on the project schedule and Client will be primarily responsible for obtaining information and resolving any issues pertaining to third party products or services used by Client, if necessary. Client will be responsible for any charges levied by 3rd party providers. • Client agrees generally to provide other reasonable assistance and cooperation to see that services are successfully completed (e.g., participate in status calls and working meetings, provide specifications, direction, and feedback as needed by Origami in a timely manner, etc.) • For any deliverables that Origami provides to Client for approval, Client will confirm approval or provide necessary details on any requested remediation promptly. • Client will be responsible for testing and quality assurance related to the implementation within the timeframe as agreed upon in the project schedule. Client will ensure that all configurations and customizations operate as intended (including functionality, usability and data access rights), and Origami shall not be responsible for any damages caused by any such configurations or customizations. • Client will have final responsibility for decisions regarding all configurations and customizations (such as forms, dashboards, interfaces, reports, workflows and data flows), as agreed upon in the design documentation created by or for Client or Client’s users in the Service. • Outside of the implementation scope set forth in this SOW, Client shall have the ability to configure additional default dashboards, fields, forms, user roles, distribution lists, reports and other features as needed by Client. • Client will review and approve specifications provided by Origami and acknowledges that requests for substantial deviations from the specification are outside the scope of the project. PRICING AND INVOICE SCHEDULE There is no fee associated with this SOW. If needed, additional professional services can be purchased through a separate statement of work. All fees are subject to state sales tax, where applicable. All travel costs and expenses will be pre-approved by Client in writing and billed to Client as incurred. STATEMENT OF WORK APPROVAL The undersigned agree to this Statement of Work. ORIGAMI RISK LLC CITY OF PALO ALTO By: __________________________________ By: __________________________________ Name: Earnest Bentley Name: _______________________________ (Print Name) (Print Name) Title: President, Risk Solutions Date: April 4, 2025 Title: _________________________________ Date: ________________________________ Item 12
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Human Resources
Meeting Date: June 9, 2025
Report #:2505-4674
TITLE
Approval of Contract Amendment Number 1 to Contract Number S22183280 with Sloan Sakai Yeung & Wong, LLP for Legal Services, Extending the Term to July 1, 2028 and Increasing the Amount Not to Exceed by $200,000, Bringing the New Total Not to Exceed to $455,000; CEQA Status – Not a Project.
RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or designee to execute Amendment No 1. to Contract No. S22183280 (Attachment A), with Sloan Sakai Yeung & Wong, LLP to extend the term by three years and increase the amount not-to-exceed $200,000 for on-going labor negotiation legal services. This amendment results in a revised total contract not-to-exceed amount of $455,000 through July 1, 2028.
BACKGROUND
Using outside legal counsel for complex labor contract negotiations helps ensure the City follows all local, state, and federal laws while protecting its interests. Some labor agreements can be more intricate than others and may have a myriad of items involved that must comply with collective bargaining laws, employment regulations, and legal best practices. Outside counsel provides specialized expertise, helps avoid legal risks, and offers an objective perspective in negotiations. Their support ensures agreements are legally sound, fair, and in the best interest of both the City and its employees.
ANALYSIS
This report requests approval to amend the City's existing legal services contract with Sloan Sakai Yeung & Wong, LLP to support ongoing labor negotiations. With several union contracts set to expire this year, expert legal counsel is essential to navigating the complex and sensitive issues involved. The amendment increases the contract’s not-to-exceed amount from $255,000 to $455,000, adding $200,000 to cover ongoing and future legal services. Human Resources is Item 13
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using exemption 2.30.360(g)1 to proceed with this amendment without a competitive solicitation. To date, nearly $200,000 has been paid under the current contract. The additional funding will support labor negotiations through July 1, 2028. Human Resources (HR) staff has recognized the value of using third-party legal counsel, and the continuation of these essential services is critical to effectively balancing the inherent tension to negotiate and close out contract negotiations while protecting City and employee interests and maintaining positive relationships with union partners.
•Duration: 3-year extension, resulting in a 6-year contract. The three-year extension includes an average annual rate increase of 7.33% for contract years 2026–2028 compared to the prior 3-year term, reflecting inflation and the value of specialized legal expertise.
•Scope of legal services including but are not limited to:
oPre labor negotiations services
oDraft policy and parameters recommendations for negotiations oConduct negotiations with bargaining units
oDraft, present and finalize final agreement
oHandle post negotiation issues and documentation
FISCAL/RESOURCE IMPACT
There is no immediate fiscal impact, sufficient funding has been appropriated to cover the remaining FY 2025 and FY 2026 costs in the Human Resources (General Fund) operating budget.
Cost of 3-year contract extension is $200,000, HR is currently using one-time funding for these legal services and will continue to exhaust these funds to support negotiations underway. HR anticipates minimal, if any, labor contract negotiation costs in FY 2027, pending contact terms with the City’s bargaining units; legal services for negotiations are expected to resume in FY 2028.
STAKEHOLDER ENGAGEMENT
As part of the amendment to the existing contract, key stakeholders including Human Resources, Administrative Services, the City Attorney’s Office, and third-party legal counsel collaborated to ensure current services have not been interrupted. Human Resources outlined requirements, while Administrative Services directed the contracting process and documentation.
ENVIRONMENTAL REVIEW
Council action on this item is not a project as defined by CEQA because adopting an amendment to this contract for legal services is an organizational or administrative activity that 1 Legal services contracts, including, without limitation, the services of outside counsel, consultants and other experts needed for litigation, administrative or other legal proceedings.
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will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5).
ATTACHMENTS
Attachment A: Sloan Sakai Yeung & Wong, LLP; Contract No. S22183280 Amendment No. 1 APPROVED BY:
Sandra Blanch, Human Resources Director
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AMENDMENT NO. 1 TO CONTRACT NO. S22183280
BETWEEN THE CITY OF PALO ALTO AND
SLOAN SAKAI YEUNG & WONG, LLP.
This Amendment No. 1 (this “Amendment”) to Contract No. S22183280 (the “Contract” as defined below) is entered into as of May 26, 2025, by and between the CITY OF PALO ALTO, a California chartered municipal corporation ( “CITY”), and SLOAN SAKAI YEUNG & WONG, LLP. , a Limited Liability Partnership , located at 555 Capit ol Mall, Suite 600, Sacramento, CA 95814 (“CONSULTANT”). CITY and CONSULTANT are referred to collectively as the “Parties” in this Amendment.
R E C I T A L S
A. The Contract (as defined below) was entered into by and between the P arties hereto for the provision of labor negotiation legal services, as detailed therein.
B. The Parties now wish to amend the Contract in order to extend the term by thirty six (36) months, changing the expiration date from July 1, 2025 to July 1, 2028 and increase compensation value for an additional Two Hundred Thousand Dollars ($200,000), changing total not-to-exceed compensation from Two Hundred Fifty Five Thousand Dollars ($255,000) to Four Hundred Fifty Five Thousand Dollars ($455,000).
NOW, THEREFORE, in consideration of the covenants, terms, conditions, and provisions of this Amendment, the Parties agree:
SECTION 1. Definitions. The following definitions shall apply to this Amendment:
a. Contract. The term “Contract” shall mean C ontract No. S22183280_ between CONSULTANT and CITY, dated July 1, 2022.
b. Other Terms. Capitalized terms used and not defined in this Amendment shall have the meanings assigned to such terms in the Contract.
SECTION 2. Section 1. “SCOPE OF SERVICES” of the Contract is hereby amended to read as follows:
“CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.
Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)
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CITY may elect to, but is not required to, authorize on- call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation).
CONSULTANT shall provide on -call Services only by advanced, written authorization from CITY as detailed in this Section. On- call Services, if any, shall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A -1 entitled “PROFESSIONAL SERVICES TASK ORDER”.
Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.
Compensation for on-call Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.
To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully exec uted Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on- call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.”
SECTION 3. Section 2. “TERM” of the Contract is hereby amended to read as follows:
“The term of this Agreement shall be effective as of July 1, 2022 through July 1, 202 8 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.”
SECTION 4. Section 4. “NOT TO EXCEED COMPENSATION” of the Contract is hereby amended to read as follows:
“The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Four Hundred Fifty Five Thousand Dollars ($455,000). The hourly schedule of rates, if applicable, is set out in Exhibit C -1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.”
SECTION 5. Section 30. “EXHIBITS” of the Contract is hereby amended to read as follows:
“Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:
EXHIBIT A: SCOPE OF SERVICES
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EXHIBIT A-1 PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS”
SECTION 6. The following exhibit(s) to the Contract is/are hereby amended or added, as indicated below, to read as set forth in the attachment(s) to this Amendment, which is/are hereby incorporated in full into this Amendment and into the Contract by this reference:
a. Exhibit “A” entitled “ SCOPE OF SERVICES ”, AMENDED, REPLACES PREVIOUS.
b. Exhibit “A-1” entitled “PROFFESIONAL SERVICE”, ADDED.
c. Exhibit “B” entitled “ SCHEDULE OF PERFORMANCES ”, AMENDED, REPLACES PREVIOUS.
d. Exhibit “C -1” entitled “ SCHEDULE OF RATES ”, AMENDED, REPLACES PREVIOUS.
SECTION 7. Legal Effect. Except as modified by this Amendment, all other provisions of the Contract, including any exhibits thereto, shall remain in full force and effect.
SECTION 8. Incorporation of Recitals . The recitals set forth above are terms of this Amendment and are fully incorporated herein by this reference.
(SIGNATURE BLOCK FOLLOWS ON THE NEXT PAGE.)
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SIGNATURES OF THE PARTIES
IN WITNESS WHEREOF, the P arties have by their duly authorized representatives executed this Amendment effective as of the date first above written.
CITY OF PALO ALTO
City Manager
APPROVED AS TO FORM:
City Attorney or Designee
SLOAN SAKAI YEUNG & WONG, LLP.
Officer 1
By:
Name:
Title:
Officer 2
By:
Name:
Title:
Attachments:
EXHIBIT A – SCOPE OF SERVICES, AMENDMENT NO.1 (AMENDED, REPLACES PREVIOUS) EXHIBIT A-1 – PROFFESIONAL TASK ORDER, AMENDMENT NO.1 (ADDED) EXHIBIT B – SCHEDULE OF PERFORMANCES, AMENDMENT NO.1 (AMENDED, REPLACES
PREVIOUS)
EXHIBIT C-1 – SCHEDULE OF RATES, AMENDMENT NO.1 (AMENDED, REPLACES
PREVIOUS)
Docusign Envelope ID: D9E5E771-2348-428F-8621-EDB34412ACA2 Charles Sakai
Partner
Allyson Hauck
Partner
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EXHIBIT A
SCOPE OF SERVICES, AMENDMENT NO.1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT will provide the Services detailed in this Exhibit A, entitled “SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.
CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services
CONSULTANT will provide Labor Neg otiations On-Call Services as described in the following phases below.
Phase I: REVIEW INFORMATION
To prepare for contract negotiation planning, CONSULTANT will obtain and review information 60-90 days prior to the expiration of contract by performing tasks including but not limited to the following:
A. Advise and consult with City Manager and Employee Relations to understand employment conditions and employer -employee relations, as well as on City economic parameters and overall labor relations strategy.
B. Review relevant financial data related to City budget and negotiation's economic parameters.
C. Identify the CITY's bargaining team members.
D. Prepare negotiations primer for Team (HR Director, City Manager, Chief Financial Officer and CONSULTANT), as needed. Some jurisdictions request that CONSULTANT train their negotiations teams so that the CITY will be in a position to conduct their own negotiations in the future.
E. Review M emorandum Of Agreements; identify operational issues and possible proposals; review grievances, arbitrations and/or P ublic Employment Relations Board cases if any since the last contract negotiations; gain understanding of CITY's fiscal picture for upcoming fiscal years; conduct salary and compensation analysis (note: Sloan Sakai has a classification and compensation group), review CITY’s Employer Employee Relations Policy related to bargaining and/or impasse procedures and identification of any major CITY issues for overall negotiations (i.e. concessions, medical or pension issues) and specific bargaining units.
F. Discuss with Team bargaining history for each unit and identify expected employee issues in bargaining for this phase.
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G. Generate 1% of payroll for each bargaining unit and review benefits and medical information.
Phase II: DRAFT POLICY
CONSULTANT will Draft Policy and Parameters Recommendations A. Based on the information obtained and reviewed in Phase 1 by Team (HR Director, City Manager, Chief Financial Officer and CONSULTANT) develop overall policy and parameter recommendations for City Council consideration prior to negotiations; and
B. Draft proposals consistent with direction of City policy makers.
Phase III: NEGOTIATIONS
CONSULTANT will conduct Negotiations with each Bargaining Unit:
A. Meet and confer in good faith with representatives of the employee organizations to develop consistent ground rules.
B. Generate a proposal tracking form that tracks union and CITY proposals on an ongoing basis for quick reference that can be used to report to and update the City Manager and City Council.
C. Generate information request tracker which identifies the date of each information request, the subject of the request, the date the CITY responded, and the information provided.
D. Conduct analysis and consult regarding union's proposal and Team recommendation, prepare City proposals and counter proposals for Council consideration and communicate with the Council if union proposals are outside of the overall parameters provided by the Council.
E. Train official note taker on how to take comprehensive bargaining notes.
F. Generate bargaining proposal/counter proposal language on an ongoing and timely basis with Team; prepare MOA language based on negotiated agreements.
G. Work with Team on analyzing Union/Association proposals and determining if additional research is necessary to respond to proposal.
H. Ensure that Team reviews with Departments on operational issues that arise through bargaining if requested by the City Manager or Employee Relations.
I. Maintain ongoing communications with the City Manager, City Council and Employee Relations through written and/or oral reports; J. Negotiate to tentative agreement or through new AB 646 in the California Government Code, Section 3505.4 through 3505.7 impasse procedures if necessary.
Phase IV: FINAL AGREEMENT
Upon reaching Final Agreement, CONSULTANT will:
A. Prepare tentative agreements using the City's format.
B. Obtain overall tentative agreement authorization with the City Council.
C. Prepare and present overall tentative agreement to the City Council in closed session.
D. Ensure that all contract languages are finalized and signed.
E. Assist the CITY in drafting Staff Reports, Resolutions, and finalized MOA documents.
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Phase V: CLOSING-OUT NEGOTIATIONS
Upon finalizing the Agreement, CONSULTANT will:
A. Review negotiations files to ensure CITY has a complete set of files for its records.
B. Resolve any post negotiation issues as directed , including consulting as to resolving employer/employee issues inclusive of grievances, assisting with preparation and presentation of arbitrations.
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EXHIBIT A-1
PROFESSIONAL SERVICES TASK ORDER, AMENDMENT NO.1
(ADDED)
CONSULTANT shall perform the Services detailed below in accordance with all the terms and conditions of the Agreement referenced in Item 1A below. All exhibits referenced in Item 8 are incorporated into this Task Order by this reference. CONSULTANT shall furnish the necessary facilities, professional, technical and supporting personnel required by this Task Order as described below.
CONTRACT NO.
OR PURCHASE ORDER REQUISITION NO. (AS APPLICABLE)
1A. MASTER AGREEMENT NO. (MAY BE SAME AS CONTRACT / P.O. NO. ABOVE):
1B. TASK ORDER NO.:
2. CONSULTANT NAME:
3. PERIOD OF PERFORMANCE: START: COMPLETION:
4 TOTAL TASK ORDER PRICE: $__________________
BALANCE REMAINING IN MASTER AGREEMENT/CONTRACT $_______________
5. BUDGET CODE_______________
COST CENTER________________
COST ELEMENT______________
WBS/CIP__________
PHASE__________
6. CITY PROJECT MANAGER’S NAME & DEPARTMENT:_____________________________________
7. DESCRIPTION OF SCOPE OF SERVICES (Attachment A)
MUST INCLUDE:
SERVICES AND DELIVERABLES TO BE PROVIDED
SCHEDULE OF PERFORMANCE
MAXIMUM COMPENSATION AMOUNT AND RATE SCHEDULE (as applicable) REIMBURSABLE EXPENSES, if any (with “not to exceed” amount)
8. ATTACHMENTS: A: Task Order Scope of Services B (if any): _____________________________
I hereby authorize the performance of the
work described in this Task Order.
APPROVED:
CITY OF PALO ALTO
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
I hereby acknowledge receipt and acceptance of
this Task Order and warrant that I have
authority to sign on behalf of Consultant.
APPROVED:
COMPANY NAME: ______________________
BY:____________________________________
Name __________________________________
Title___________________________________
Date ___________________________________
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EXHIBIT B
SCHEDULE OF PERFORMANCE, AMENDMENT NO.1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement.
Milestones
Completion
Number of Days/Weeks (as specified below)
from NTP
1. Phase 1: Review Information 60-90 days prior to the expiration of contract
2. Phase 2: Draft Policy To be determined (TBD) by Task Order within term of Agreement.
3. Phase 3: Negotiations TBD by Task Order within term of Agreement.
4. Phase 4: Final Agreement TBD by Task Order within term of Agreement.
5. Phase 5: Closing-out Negotiations TBD by Task Order within term of Agreement.
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EXHIBIT C-1
SCHEDULE OF RATES, AMENDMENT NO.1
(AMENDED, REPLACES PREVIOUS)
CONSULTANT’s schedule of rates is as follows:
2022 to 2025 Rates:
Partners: $300 - $450
Of Counsel: $265 - $385
Senior Counsel: $275 - $385
Associates: $245 - $275
Law Clerks: $185
Paralegals: $105 - $175
Analysts: $95 - $135
Consultants: $160 - $275
2026 to 2028 (Amendment No.1) Rates:
Partners: $370 - $520
Of Counsel: $310 - $475
Senior Counsel: $325 - $415
Associates: $285 - $340
Law Clerks: $215
Paralegals: $130 - $205
Analysts: $105 - $225
Consultants: $205 - $385
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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Fire
Meeting Date: June 9, 2025
Report #:2504-4596
TITLE
FIRST READING: Adoption of an Ordinance amending Section 15.04.410 (Definition of Wildland- Urban Interface Fire Area) to adopt and incorporate the 2025 CAL FIRE Fire Hazard Severity Zone (FHSZ) Map for the City of Palo Alto. CEQA status: Not a Project.
RECOMMENDATION
Staff recommends that the City Council adopt Exhibit the CAL FIRE Fire Hazard Severity Zone (FHSZ) map, as recommended by the California Department of Forestry and Fire Protection (CAL FIRE), for areas within the City of Palo Alto's jurisdiction.
EXECUTIVE SUMMARY
CAL FIRE is mandated by state law to identify and map areas with significant fire hazards, and periodically revise and update its designation of zones. These maps, known as Fire Hazard Severity Zone (FHSZ) maps, categorize areas based on factors that influence fire likelihood and behavior. Updates in state law since 2021 now require that a local agency, including the City of Palo Alto, designate by ordinance the moderate, high, and very high FHSZs in its jurisdiction within 120 days of receiving recommendations from the State Fire Marshal. (Gov. Code 51179(a)).
Recent updates to the state’s FHSZ maps were issued for the Bay Area, including Palo Alto, February 24, 2025.The City has provided opportunities for public review and comment on the CAL FIRE FHSZ map March 26 through April 30, 2025, and adoption of the CAL FIRE FHSZ map is a necessary next step to protect the City of Palo Alto from the increasing threat of wildfires. It ensures compliance with state law, enhances public safety, and promotes responsible land-use planning. Staff recommends that the City Council adopt the map as presented. Under state law, a local agency has discretion to add areas not identified by the State Fire Marshal or increase the fire hazard severity identified by the state, but not to remove areas or reduce the hazard severity level (Gov. Code 51179(b)).
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BACKGROUND
The State Fire Marshal is required to classify lands within State Responsibility Areas (SRA) into fire hazard severity zones. In 1992, Assembly Bill 337 required CAL FIRE to evaluate fire hazard severity in local responsibility areas and make a recommendation to the local jurisdictions where Very High FHSZ exists. Under Senate Bill 63 (Stern, 2021) Government Code 51178 was amended to also identify the Moderate and High Fire Hazard Severity Zones with the Very High in Local Responsibility Areas (LRA). Each zone must encompass relatively homogeneous lands and be based on fuel loading, slope, fire weather, and other relevant factors, including areas where winds have been identified as a major cause of wildfire spread.
The FHSZ maps are essential tools for the following:
•Wildfire Preparedness: They provide critical information for residents, property owners, and the City to understand the level of fire hazard in specific areas. •Building Codes: The maps inform building code requirements, particularly for new construction and renovations, to enhance structural resistance to wildfire. •Defensible Space: The maps guide the implementation and enforcement of defensible space regulations, which are crucial for protecting structures from approaching wildfires.
•Emergency Planning: The maps assist in developing effective wildfire mitigation and response plans.
•Designating areas where California’s defensible space standards and wildland urban interface building codes are required.
•General plan considerations: Local governments may consider them in their general plans.
Recent changes in state law, specifically Government Code Section 51179, require local agencies to adopt these maps by ordinance. The City of Palo Alto has received the updated FHSZ map from CAL FIRE, which designates areas within our jurisdiction as Moderate, High, or Very High Fire Hazard Severity Zones. The City’s current adoption of the California Fire Code in the Municipal Code Section 15.04 includes a definition of the Wildland-Urban Interface fire area, that will need to be updated to incorporate the latest CAL FIRE FHSZ map.
This is one of a series of touch points underway regarding wildfire preparedness and response in the City. A news story discussing the conversation was issued on April 28, 20251. The Policy & Services Committee reviewed an audit completed by the City Auditor regarding wildfire preparedness2 and an expanded report outlining activities underway, this was approved unanimously and is scheduled for the Council Consent Calendar. In addition, the following items 1 Palo Alto Begins Wildfire Preparedness Public Discussions; https://www.paloalto.gov/News-Articles/City- Manager/Palo-Alto-Begins-Wildfire-Preparedness-Public-Discussions 2 Policy & Services Committee,
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are scheduled in June that continue the conversation around wildfire preparedness for the City of Palo Alto:
•City Council will consider approval of an easement in the Palo Alto foothills to support the undergrounding of the electric transmission line (upon approval by Mid-Peninsula Open Space District).
•Utilities Advisory Commission will review the 2025 Utilities Wildfire Mitigation Plan at their meeting on June 4.
•The City’s Foothills Fire Management Plan updates and the Santa Clara County Community Wildfire Protection Plan, a combined effort will be finalized. •City Council will consider annual weed abatement orders involving private properties.
ANALYSIS
According to CAL FIRE, the maps are developed using a science-based and field-tested model that assigns a hazard score based on the factors that influence fire likelihood and fire behavior.
CAL FIRE is updating these maps to more accurately reflect the zones in California that are susceptible to wildfire, incorporating new science in local climate data and improved fire assessment modeling. The maps evaluate “hazard,” not “risk”. They are like flood zone maps, where lands are described in terms of the probability level of a particular area being inundated by floodwaters, and not specifically prescriptive of impacts. Adopting this map is crucial for several reasons:
•Compliance with State Law: State law mandates that local agencies adopt the FHSZ maps.
•Enhanced Public Safety: Adopting the map enables the City to better protect its residents and property from the increasing threat of wildfires. It provides a foundation for implementing effective mitigation measures and enforcing necessary regulations. •Improved Planning and Development: The map will inform land-use planning and development decisions, ensuring that new construction and infrastructure projects are designed to minimize fire risks.
•Access to Funding: Adoption of the FHSZ maps may be a prerequisite for accessing certain state and federal funding for wildfire prevention and mitigation projects. •Understanding Fire Hazard Severity Zones: It is important to note that the Fire Hazard Severity Zone map evaluates "hazard," not "risk." "Hazard" is based on the physical conditions that create a likelihood and expected fire behavior over a 30 to 50-year period without considering mitigation measures. "Risk" is the potential damage a fire can do to the area under existing conditions, accounting for modifications such as fuel reduction projects, defensible space, and ignition-resistant construction.
City staff has reviewed the CAL FIRE FHSZ map and recommends its adoption. A description of how the maps are developed is provided here: Fire Hazard Severity Zones | OSFM. Below summarizes elements of the FHSZ maps and how they were developed.
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Key elements of the Fire Hazard Severity Zone model: The fire hazard severity model for wildland fire has two key elements: 1) probability of an area burning and 2) expected fire behavior under extreme fuel and weather conditions. The zones reflect areas that have similar burn probabilities and fire behavior characteristics.
•Factors considered in determining fire hazard within wildland areas are fire history, flame length, terrain, local weather, and potential fuel over a 50-year period. •Outside of wildlands, the model considers factors that might lead to buildings being threatened, including terrain, weather, urban vegetation cover, blowing embers, proximity to wildland, fire history, and fire hazard in nearby wildlands. •FHSZs are not a structure loss model, as key information regarding structure ignition (such as roof type, etc.) is not included.
•The model places an emphasis on the spread of embers. Embers can travel long distances in the wind and ignite vegetation, roofs, attics, and decks. •Areas immediately adjacent to wildland receive the same FHSZ score as that wildland where fire originates, and the model then produces lower scores as the distance to the wildland edge increases.
•In wildland areas, zone edges are a result of the way zones are delineated. Zones represent areas of similar slope and fuel potential.
How Fire Hazard Severity Zones are determined: CAL FIRE used the best available science and data to develop and field-test a model that served as the basis of zone assignments. The model evaluated the probability of the area burning and potential fire behavior in the area. •Many factors were included, such as fire history, vegetation, flame length, blowing embers, proximity to wildland, terrain, and weather.
•A 2 km grid of climate data covering the years 2003-2018 is being used in the update.
The previous model used stock weather inputs across the state to calculate wildland fire intensity scores. The updated model adjusts fire intensity scores based on the most extreme fire weather at a given location, considering temperature, humidity, and wind speed.
•Ember transport is being modeled based on local distributions of observed wind speed and direction values instead of using a generic buffer distance for urban areas adjacent to wildlands.
•Classification of a wildland zone as Moderate, High, or Very High fire hazard is based on the average hazard across the area included in the zone, which have a minimum size of 200 acres.
•In wildlands, hazard is a function of modeled flame length under the worst conditions and annual burn probability. Classification outside of wildland areas is based on the fire hazard of the adjacent wildland and the probability of flames and embers threatening buildings.
State Responsibility Area (SRA): SRA is the area where the state has financial responsibility for wildland fire protection and prevention. Incorporated cities and federal ownership are not included in SRA. CAL FIRE is responsible for fire prevention and suppression within the SRA.
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Local Responsibility Area (LRA): Local Responsibility Areas (LRA) are incorporated cities, urban regions, agricultural lands, and portions of the desert where the local government is responsible for wildfire protection. CAL FIRE uses an extension of the state responsibility area Fire Hazard Severity Zone model as the basis for evaluating fire hazard in Local Responsibility Area.
•The Local Responsibility Area hazard rating reflects flame and ember intrusion from adjacent wildlands and from flammable vegetation in the urban area. •CAL FIRE’s Land Use Planning Program provides support to local governments by providing fire safety expertise on the State’s wildland urban interface building codes, wildfire safety codes, as well as helping in the development of the safety elements in general plans.
•CAL FIRE uses the same modeling data that is used to map the State Responsibility Area for Local Responsibility Areas.
•New legislation, Senate Bill 63 (Stern, 2021), now requires the adoption of all three Fire Hazard Severity Zone classes in the Local Responsibility Area. Previously only Very High Fire Hazard Severity Zones were required for adoption in Local Responsibility Areas.
FISCAL/RESOURCE IMPACT
Adoption of the Ordinance amending the City’s municipal code to adopt the FHSZ map does not have direct fiscal impacts. PAMC 15.04.410 currently identifies the “Wildland-Urban Interface Fire Area” as all areas west of Interstate 280 and all other areas recommended as “Very High Fire Hazard Severity Zone,” and the new map indicates these areas are all within the ”Moderate”, ”High”, or ”Very High” fire hazard severity zone. Because Palo Alto recognizes the indicated areas west of 280 as Wildland Urban Interface (WUI), Chapter 7A of the California Building Code and Chapter 49 of the California Fire Code are already being enforced.
However, additional resources, including staff time and funding for public education, mitigation efforts and outreach may be required. These costs can be absorbed within existing budgets.
Future budget requests may be necessary.
STAKEHOLDER ENGAGEMENT
The City is committed to comprehensive stakeholder engagement throughout the process to adopt and implement updates to the CAL FIRE Fire Hazard Severity Zone (FHSZ) maps. To facilitate public awareness and access to relevant information, the City published details on its official website, and the Uplift Local newsletter, including direct links to supplementary resources. The FHSZ information was made available for a 35-day public comment period.
ENVIRONMENTAL REVIEW
Adoption of the Ordinance amending the City’s Municipal Code to adopt the 2025 FHSZ map does not have a direct environmental impact and is not a project under the California Environmental Quality Act. However, the map will help guide mitigation efforts outlined in the updated Foothills Fire Management Plan (FFMP), which is subject to a CEQA exemption.
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ATTACHMENTS
Attachment A: Ordinance amending Section 15.04.410
APPROVED BY:
Geo Blackshire, Fire Chief
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NOT YET APPROVED Attachment A
1 027051925
Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Amending Section 15.04.410 (Definition of Wildland-Urban Interface Fire Area) of the Palo Alto Municipal Code to adopt and incorporate the 2025 Fire Hazard Severity Zone Map Issued by the State Fire Marshal
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. To better prepare for wildfires, the California Department of Forestry and Fire Protection (CAL FIRE) is required to periodically review its recommended classifications of fire hazard severity zones throughout California. The state legislature has found that the prevention of wildfires is a matter of statewide concern, not a municipal affair.
B. The State released updated 2025 Fire Hazard Severity Zone (FHSZ) maps, and requires all local jurisdictions , including Palo Alto, with moderate, high, and very high fire hazard severity zone recommendations to designate those zones by ordinance within 120 days from receiving recommendations from the State Fire Marshal.
C. State law also requires that the City post the maps indicating CAL FIRE’s FHSZ recommendations publicly for comment within 30 days of receipt, which the City conducted from March 26 - April 30, 2025.
D. After consideration of public comments, the City will rely on the latest recommendations of CAL FIRE in its published FHSZ maps, notwithstanding local discretion to impose more restrictive fire and public safety requirements.
E. As a result of adopting the updated FHSZ map for Palo Alto , the City’s Municipal Code definition of the wildland- urban interface in Section 15.04.410 needs to address zones designated as moderate and high fire hazard severity , in addition to those zones designated as very high fire hazard severity.
SECTION 2. Section 15.04.410 Section 4902.1 Definition of wildland-urban interface fire area is hereby amended to read as follows (additions in underline format and deletions in strikethrough format):
5.04.410 Section 4902.1 Definition of wildland-urban interface fire area.
The definition of "wildland-urban interface fire area" in Section 4902.1 is amended to read as follows:
WILDLAND-URBAN INTERFACE FIRE AREA (WUI) A geographical area identified by the State of California as a "Fire Hazard Severity Zone" in accordance with Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires. Within the city limits of the City of Palo Alto, "Wildland -Urban Interface Fire Area" shall also include all areas west of Interstate 280, and all other areas recommended as a “Moderate,” “High,” and "Very High” Fire Hazard Severity Zone " by the Director of the California Department of Forestry. The map, approved by the Council of the City of Palo Alto, is hereby incorporated by reference, and entitled, “Fire Hazard Severity Zones in Local Responsibility Area - City of Palo Alto”, dated February 24, 2025 (Exhibit A).
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2 027051925
SECTION 3. Effective Date. This Ordinance shall be effective on the thirty-first date after the date of its adoption.
SECTION 4. CEQA. The City Council finds and determines that this Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because adoption of the state FHSZ map and updating a statutory definition involves no action with potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment in that this Ordinance simply clarifies existing local regulations.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________ City Attorney or designee City Manager
_____________________________
Fire Chief, Palo Alto Fire Department
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City and County boundaries as of 10/22/24 (CA Board of Equalization) CAL FIRE State Responsibility Areas (SRA25_1)
CAL FIRE Fire Hazard Severity Zones (FHSZSRA23_3, FHSZLRA_25_1) Data Sources:
Daniel Berlant, State Fire Marshal, CA Department of Forestry and Fire Protection Joe Tyler, Director/Fire Chief, CA Department of Forestry and Fire Protection Wade Crowfoot, Secretary for Natural Resources, CA Natural Resources Agency Gavin Newsom, Governor, State of CaliforniaThe State of California and the Department of Forestry and Fire Pro
tection make no representations or warranties regarding the accuracy of data or maps. Neither the State nor the Department shall be liable under any circumstances for any direct, special, incidental, or consequential damages with respect to any claim by any user or third party on account of, or arising from, the use of data or maps. and other relevant factors including areas where winds
hav
e been identified by the Office of the State Fire Marshal as a major cause of wildfire spread.
statewide criteria and based on the severity of fire hazard that is expect
ed to prevail in those areas. Moderate, high, and very high fire hazard severity zones shall be based on fuel loading, slope, fire weather, Government Code section 51178 requires the State Fire
Marshal t
o identify areas in the state as moderate, high,
and very high fire hazard severity zones based on consistent Waterbody
Federal Responsibility
Area (FRA)Unzoned LRA
Incorporated City
Projection: NAD 83 California Teale Albers
Scale: 1:97,000 at 1
1" x 17"
0 1 2 3 4 5 6 7Km
0 1 2 3 4Mi
Very High High Moderate
Fire Hazard Severity Zones in State Responsibility Area (SRA), Eff
ective April 1, 2024
Very High High Moderate
Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA), as Identified by the S
tate Fire Marshal
Palo Alto
UNINCORPORATED
SAN MATEO CO.
UNINCORPORATED
SANTA CLARA CO.
elCamino
Real
101
82 35
ATHERTON
CUPERTINO
EAST PALO
ALTO
FREMONT
LOS ALTOSLOS
ALTOS HILLS
MENLO PARK
MOUNTAIN VIEW
NEWARK
PORTOLA
VALLEY
REDWOOD CITY
SAN CARLOS
SAN JOSE
SAN JOSE
SANTA
CLARA
SARATOGA
SUNNYVALE
WOODSIDE
A L A M E D A C O .
S A N T A C L A R A C O .
SAN
M
ATEO
CO
.
SAN
TA
CLAR
A
C
O
.
February 24, 2025
As Identified by the
St
ate Fire Marshal
Local Responsibility Area
Fire Hazard Sev
erity Zones
CITY OF PALO ALTO – SANTA CLARA COUNTY
Exhibit A
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City Council
Staff Report
Report Type: CONSENT CALENDAR
Lead Department: City Clerk
Meeting Date: June 9, 2025
Report #:2505-4739
TITLE
SECOND READING: Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way) (FIRST READING:
May 19, 2025, PASSED: 7-0)
BACKGROUND
The City Council heard this item on May 19, 2025 for a first reading and approved it on a 7-0 vote. No changes were made to the ordinance, and it is now before the City Council for a second reading.
ATTACHMENTS
Attachment A - Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way) APPROVED BY:
Mahealani Ah Yun, City Clerk
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NOT YET APPROVED Attachment A
1 027120324
Ordinance No. ____
Ordinance of the Council of the City of Palo Alto Amending Chapter 18.42 (Standards for Special Uses) of the Palo Alto Municipal Code on a Temporary Basis to Modify the Procedure and Standards Governing the Review of Wireless Communications Facilities Applications; and repealing Resolution 9873 (Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way)
The Council of the City of Palo Alto does ORDAIN as follows:
SECTION 1. Findings and Declarations. The City Council finds and declares as follows:
A. The City Council has adopted a Wireless Communication Facilities (WCF) code to regulate the various health, welfare, and safety impacts presented by the proliferation of WCFs and to balance these impacts with the interests of consumers in receiving the benefits of wireless technologies.
B. Federal and state law place significant limits on the City’s exercise of local control over WCF matters. On September 26, 2018, the Federal Communications Commission adopted a Declaratory Ruling and Third Report and Order (WT Docket No. 1779; WC Docket No. 1784; FCC 18-133), further limiting local control.
C. On August 12, 2020, in a decision in the City of Portland v. FCC, the United States Court of Appeals for the Ninth Circuit invalidated certain elements of the FCC’s Order 18 -133 restricting local aesthetic regulations of WCFs. Specifically, the Court struck down the requirements that local standards be “objective” and “no more burdensome” than those applied to similar types of infrastructure installations. Now, a city’s aesthetic regulations for small wireless facilities will not be preempted by federal law if they are: (1) reasonable (technically feasibl e and reasonably directed at remedying aesthetic harms ) and (2) published in advance.
D. As a result of the Portland decision, the City Council wishes to modify the WCF ordinance provisions relating to the permit review process for Tier 2 and Tier 3 Facilities in the public right-of-way, to repeal references to the Objective Aesthetic, Noise, and Related Standards and to require review of such applications by the Architectural Review Board (ARB) under the City’s architectural review findings.
E. Section 18.80.090 of the Palo Alto Municipal Code authorizes the City Council to change or suspend operation of the Zoning Code for temporary periods without review by the Planning and Transportation Commission when in the determination of the council such suspension or change is necessary for the public health, safety or welfare.
SECTION 2. Resolution 9873, Amending Objective Aesthetic, Noise, and Related Standards for Wireless Communication Facilities in the Public Rights of Way, adopted December 16, 2019, is hereby repealed. For the avoidance of doubt, by this action Council repeals all prior versions of these objective standards, including Resolution 9825 (April 19, 2019), Resolution 9847 (June 17, 2019), and Resolution 9855 (August 12, 2019).
Item 15
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 18.42 (Standards
for Special Uses) of the
Palo Alto Municipal Code
on a Temporary Basis to
Modify the Procedure
and Standards Governing
the Review of Wireless
Communications Facilities
Applications; and
repealing Resolution 9873
(Amending Objective
Aesthetic, Noise, and
Related Standards for
Wireless Communication
Facilities in the Public
Rights of Way)
Item 15: Staff Report
Pg.
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SECTION 3. Section 18.42.110 Wireless Communication Facilities is hereby amended to read as follows (additions in underline format and deletions in strikethrough format):
18.42.110 Wireless Communication Facilities
(a) Purpose and Interpretation
The purpose of this section is two-fold: (A) to implement within the jurisdictional boundaries of the city the applicable zoning, land use and other laws, rules, regulations and policies and procedures applicable to siting applications filed with the city by wireless communications facilities infrastructure owners and operators and wireless communications service providers, which seek to install or attach their facilities at locations in Palo Alto; and (B) to accommodate new wireless technologies and continued improvements to existing wireless communications facilities while minimizing their adverse visual and structural health and safety impacts.
Consistent with that purpose, the provisions of this section are to be construed in a manner that is consistent with (1) the interest of consumers in receiving the benefits of the deployment of ultra-high-speed and -capacity broadband wireless communication facilities technology and innovations and the delivery of ultra-high-speed and -capacity broadband wireless communications facilities services, (2) the interest in safeguarding the environment, preserving historic properties, and addressing aesthetics and other local values, and (3) the interest in promoting the public health, safety and welfare in Palo Alto. Although this section implements and references provisions of preemptive state and federal law, nothing in this section shall be interpreted to create an independent source of the rights provided an applicant by such state or federal law.
A wireless communications facility is permitted to be sited in Palo Alto subject to applicable requirements imposed by this chapter. These processes are intended to permit wireless communications facilities that blend with their existing surroundings and do not negatively impact the environment, historic properties, or public safety. The procedures prescribed by this section are tailored to the type of wireless communication facility that is sought. Building- mounted wireless communications facilities and collocation of facilities are preferred and encouraged, subject to all other provisions of this section. (b) Definitions
The following abbreviations, phrases, terms and words shall have the meanings assigned in this section or, as appropriate, in Section 18.04.030 and Section 1.04.050 of the Palo Alto Municipal Code, as may be amended from time to time, unless the context indicates otherwise.
Words that are not defined in this section or other chapters or sections of the Palo Alto Municipal Code shall have the meanings as set forth in Chapter 6 of Title 47 of the United States Code, Part 1 of Title 47 of the Code of Federal Regulations, and, if not defined therein, their common and ordinary meaning.
(1) "Antenna" means that part of a wireless communications facility designed to radiate or receive radio frequency signals or electromagnetic waves for the provision of personal wireless services, as defined in 42 U.S.C. § 332(c)(7)(C)(i). This definition does not include antennas designed for amateur or household use.
Item 15
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 18.42 (Standards
for Special Uses) of the
Palo Alto Municipal Code
on a Temporary Basis to
Modify the Procedure
and Standards Governing
the Review of Wireless
Communications Facilities
Applications; and
repealing Resolution 9873
(Amending Objective
Aesthetic, Noise, and
Related Standards for
Wireless Communication
Facilities in the Public
Rights of Way)
Item 15: Staff Report
Pg.
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(2) "Associated equipment" means any and all on-site equipment, including, without limitation, back-up generators and power supply units, cabinets, coaxial and fiber optic cables, connections, shelters, radio transceivers, regular power supply units, and wiring, to which a wireless antenna is attached in order to facilitate mobile broadband service and personal wireless service delivered on mobile broadband devices. (3) "Base Station" means the same as defined by the FCC at 47 C.F.R. § 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: a structure or equipment at a fixed location that enables FCC-licensed or authorized wireless communications between user equipment and a communications network. The term does not encompass a tower as defined herein or any equipment associated with a tower. Base Station includes, without limitation:
A. Equipment associated with wireless communications services such as private, broadcast, and public safety services, as well as unlicensed wireless services and fixed wireless services such as microwave backhaul.
B. Radio transceivers, antennas, coaxial or fiber-optic cable, regular and backup power supplies, and comparable equipment, regardless of technological configuration (including Distributed Antenna Systems ("DAS") and small-cell networks).
C. Any structure other than a tower that, at the time the relevant application is filed with the city under this section, supports or houses equipment described in paragraphs (i)-(ii) above and has been previously reviewed and approved by the city. (4) "Collocation" means the same as defined in valid regulations promulgated by the FCC, including 47 C.F.R. §§ 1.6002(g) or 1.6100(b), as those sections may be amended from time to time. For the purpose of convenience only, the definition provided in 47 C.F.R. § 1.6100(b), for eligible facilities requests, is stated as follows: the mounting or installation of transmission equipment on an eligible support structure for the purpose of transmitting and/or receiving radio frequency signals for communications purposes.
(5) "Eligible Facilities Request" means the same as defined by the FCC at 47 C.F.R. §
1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: any request for modification of an existing tower or base station that, within the meaning of the Spectrum Act, does not substantially change the physical dimensions of that tower or base station, and involves (a) the collocation of new transmission equipment, (b) the removal of transmission equipment, or (c) the replacement of transmission equipment.
(6) "Eligible Support Structure" means the same as defined by the FCC at 47 C.F.R. §
1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: any existing tower or base station that exists at the time the application is filed with the city.
(7) "Existing" means the same as defined by the FCC at 47 C.F.R. § 1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: a constructed tower or base station is existing for purposes of an eligible facilities request if has been previously reviewed and approved under the applicable city zoning or siting Item 15
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 18.42 (Standards
for Special Uses) of the
Palo Alto Municipal Code
on a Temporary Basis to
Modify the Procedure
and Standards Governing
the Review of Wireless
Communications Facilities
Applications; and
repealing Resolution 9873
(Amending Objective
Aesthetic, Noise, and
Related Standards for
Wireless Communication
Facilities in the Public
Rights of Way)
Item 15: Staff Report
Pg.
4 Packet Pg. 347 of 578
NOT YET APPROVED Attachment A
4 027120324
process, or under another applicable state or local regulatory review process, provided that a tower that has not been reviewed and approved because it was not in a zoned area when it was built, but was lawfully constructed, is "Existing" for purposes of this definition. (8) "FCC" means the Federal Communications Commission or successor agency. (9) "Project" means a WCF to be located in Palo Alto for which a permit is required by the city.
(10) "RF" means radio frequency on the radio spectrum. (11) "Spectrum Act" means Section 6409(a) of the Middle Class Tax Relief Act and Job Creation Act of 2012, 47 U.S.C. § 1455(a) (providing, in part, "… a State or local government may not deny, and shall approve, any Eligible Facilities Request for a modification of any existing wireless Tower or Base Station that does not substantially change the physical dimensions of such Tower or Base Station.").
(12) "Small Wireless Facility" means the same as defined in any valid regulations adopted by the FCC. For purposes of convenience only, the definition provided at 47 C.F.R. Section
1.1312(e)(2) is stated here as follows: a facility that meets each of the following conditions:
A. The structure on which antenna facilities are mounted:
i. Is 50 feet or less in height, or
ii. Is no more than 10 percent taller than other adjacent structures, or iii. Is not extended to a height of more than 10 percent above its preexisting height as a result of the collocation of new antenna facilities; and B. Each antenna (excluding associated antenna equipment) is no more than three cubic feet in volume; and
C. All antenna equipment associated with the facility (excluding antennas) are cumulatively no more than 28 cubic feet in volume; and
D. The facility does not require antenna structure registration under 47 C.F.R. Section 17; and
E. The facility is not located on Tribal lands, as defined under 36 C.F.R. § 800.16(x); and F. The facility does not result in human exposure to radiofrequency radiation in excess of the applicable safety standards specified by the FCC.
(13) "Substantially Changes" means the same as defined by the FCC at 47 C.F.R. §
1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: in the context of an eligible support structure, a modification of an existing tower or base station where any of the following criteria is met:
A. For a tower not located in the public rights-of-way:
Item 15
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 18.42 (Standards
for Special Uses) of the
Palo Alto Municipal Code
on a Temporary Basis to
Modify the Procedure
and Standards Governing
the Review of Wireless
Communications Facilities
Applications; and
repealing Resolution 9873
(Amending Objective
Aesthetic, Noise, and
Related Standards for
Wireless Communication
Facilities in the Public
Rights of Way)
Item 15: Staff Report
Pg.
5 Packet Pg. 348 of 578
NOT YET APPROVED Attachment A
5 027120324
i. The height of the tower is increased by (I) more than ten (10) percent, or (II) by the height of one additional antenna array with separation from the nearest existing antenna not to exceed twenty (20) feet, whichever is greater; or
ii. There is added an appurtenance to the body of the tower that would protrude from the edge of the tower by (I) more than twenty (20) feet, or (II) more than the width of the tower at the level of the appurtenance, whichever is greater.
B. For a tower located in the public rights-of-way and for all base stations:
i. The height of the tower or base station is increased by more than ten (10) percent or ten (10) feet, whichever is greater; or
ii. There is added an appurtenance to the body of that structure that would protrude from the edge of that structure by more than six (6) feet; or iii. It involves the installation of ground cabinets that are more than ten (10) percent larger in height or overall volume than any other ground cabinets associated with the structure; or
iv. It involves the installation of any new equipment cabinets on the ground if there is no pre-existing ground cabinet associated with that structure.
C. For any eligible support structure:
i. It involves the installation of more than the standard number of new equipment cabinets for the technology involved, but not to exceed four (4) cabinets; or ii. There is entailed in the proposed modification any excavation or deployment outside of the current site of the tower or base station; or
iii. The proposed modification would cause the concealment/camouflage elements of the tower or base station to be defeated; or
iv. The proposed modification would not comply with the conditions associated with the prior siting approval of construction or modification of the tower or base station, unless the non-compliance is due to an increase in height, increase in width, addition of cabinets, or new excavation that does not exceed the corresponding thresholds in this section.
D. To measure changes in height for the purposes of this section, the baseline is:
i. For deployments that are or will be separated horizontally, measured from the original support structure;
ii. For all others, measured from the dimensions of the tower or base station, inclusive of originally approved appurtenances and any modifications that were approved by the city prior to February 22, 2012.
E. To measure changes for the purposes of this section, the baseline is the dimensions that were approved by the city prior to February 22, 2012.
Item 15
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 18.42 (Standards
for Special Uses) of the
Palo Alto Municipal Code
on a Temporary Basis to
Modify the Procedure
and Standards Governing
the Review of Wireless
Communications Facilities
Applications; and
repealing Resolution 9873
(Amending Objective
Aesthetic, Noise, and
Related Standards for
Wireless Communication
Facilities in the Public
Rights of Way)
Item 15: Staff Report
Pg.
6 Packet Pg. 349 of 578
NOT YET APPROVED Attachment A
6 027120324
(14) "Tower" means any structure built for the sole or primary purpose of supporting any FCC-licensed or -authorized antenna, including any structure that is constructed for wireless communications service. This term does not include a base station. (15) "Transmission Equipment" means the same as defined by the FCC at 47 C.F.R. §
1.6100(b), as it may be amended from time to time. For the purpose of convenience only, this definition is stated as follows: equipment that facilitates transmission of any FCC-licensed or authorized wireless communication service.
(16) "Wireless Communications Facility" or "WCF" means any antenna, associated equipment, base station, small wireless facility, tower, and/or transmission equipment located in Palo Alto, but does not include:
A. A facility that qualifies as an amateur station as defined by the FCC, 47 C.F.R. Part 97, or its successor regulation;
B. An antenna facility that is subject to the FCC Over-The-Air-Receiving Devices rule, 47 C.F.R. Section 1.4000, or any successor regulation;
C. Portable radios and devices including, but not limited to, hand-held, vehicular, or other portable receivers, transmitters or transceivers, cellular phones, CB radios, emergency services radio;
D. Mobile services providing public information coverage of news events of a temporary nature;
E. Telecommunications facilities owned and operated by any government agency or emergency medical care provider.
(c) Types of WCF Permits Required
(1) A Tier 1 WCF Permit shall be required for an eligible facilities request, as defined in this section.
(2) A Tier 2 WCF Permit shall be required for:
A. Any modification of an eligible support structure, including the collocation of new equipment, that substantially changes the physical dimensions of the eligible support structure on which it is mounted; or
B. Any collocation of a small wireless facility; or
C. Any collocation not eligible for a Tier 1 WCF Permit. (3) A Tier 3 WCF Permit shall be required for the siting of any WCF, including a small wireless facility, that is not a collocation subject to a Tier 1 or 2 WCF Permit. An application shall not require a Tier 3 WCF Permit solely because it proposes the replacement in-place of an existing streetlight or wood utility pole.
(d) WCF Application Requirements
All applications for a WCF Permit shall include the following items:
Item 15
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 18.42 (Standards
for Special Uses) of the
Palo Alto Municipal Code
on a Temporary Basis to
Modify the Procedure
and Standards Governing
the Review of Wireless
Communications Facilities
Applications; and
repealing Resolution 9873
(Amending Objective
Aesthetic, Noise, and
Related Standards for
Wireless Communication
Facilities in the Public
Rights of Way)
Item 15: Staff Report
Pg.
7 Packet Pg. 350 of 578
NOT YET APPROVED Attachment A
7 027120324
(1) Any applicant for a WCF Permit shall participate in an intake meeting with the Planning and Community Environment Department when filing an application; (2) The applicant must specify in writing whether the applicant believes the application is for an eligible facilities request subject to the Spectrum Act, and if so, provide a detailed written explanation as to why the applicant believes that the application qualifies as an eligible facilities request;
(3) The applicant shall complete the city's standard application form, as may be amended from time to time;
(4) The applicant shall include a completed and signed application checklist available from the city, including all information required by the application checklist; (5) Payment of the fee prescribed by the Municipal Fee Schedule; (6) The application must be accompanied by all permit applications with all required application materials for each separate permit required by the city for the proposed WCF, including a building permit, an encroachment permit (if applicable) and an electrical permit (if applicable);
(7) For Tier 2 and 3 WCF Permits, the applicant must host a community meeting at a time and location designed to maximize attendance by persons receiving notice under this subparagraph to provide outreach to the neighborhood around the project site. The applicant shall give notice of the community meeting to all residents and property owners within 600 feet of the project site at least 14 days in advance of the community meeting. Applicants are encouraged to host the meeting before submitting an application. Before an application may be approved, the applicant shall provide a proof of notice affidavit to the city that contains:
A. Proof that the applicant noticed and hosted the community meeting no later than 15 days after filing the application;
B. A summary of comments received at the community meeting and what, if any, changes were made to the application as a result of the meeting; (8) For Tier 3 WCF Permits, the plans shall include a scaled depiction of the maximum increase in the physical dimensions of the proposed project that would be feasible and permitted by the Spectrum Act, using the proposed project as a baseline; and (9) Satisfy other such requirements as may be, from time to time, required by the Planning and Community Environment Department Director ("Director"), as publically stated in the application checklist.
(e) Permit Review ("Shot Clock") Time Periods. The city shall review and act upon application materials in a manner consistent with any timeframes provided in controlling state or federal law, including valid regulations and orders promulgated by the FCC. (f) Tier 1 WCF Permit Process and Findings
(1) A Tier 1 WCF Permit shall be reviewed by the Director. The Director's decision shall be final and shall not be appealable;
Item 15
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 18.42 (Standards
for Special Uses) of the
Palo Alto Municipal Code
on a Temporary Basis to
Modify the Procedure
and Standards Governing
the Review of Wireless
Communications Facilities
Applications; and
repealing Resolution 9873
(Amending Objective
Aesthetic, Noise, and
Related Standards for
Wireless Communication
Facilities in the Public
Rights of Way)
Item 15: Staff Report
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(2) The Director shall grant a Tier 1 WCF Permit provided that the Director finds that the applicant proposes an eligible facilities request;
(3) The Director shall impose the following conditions on the grant of a Tier 1 WCF Permit:
A. The proposed collocation or modification shall not defeat any existing concealment elements of the support structure; and
B. The conditions of approval in Section 18.42.110(j). (g) Tier 2 WCF Permit Process and Findings
(1) A Tier 2 WCF Permit shall be reviewed by the Director, who may, in his or her sole discretion, refer an application to the Architectural Review Board. For WCF installations in the public right of way, the Director shall refer applications to the Architectural Review Board for review. The Director's decision shall be appealable directly to the City Council. An appeal may be set for hearing before the City Council or may be placed on the Council's consent calendar, pursuant to the process for appeal of architectural review set forth in Section 18.77.070(f). (2) T he Director, or Council on appeal, shall grant a Tier 2 WCF Permit provided the proposed WCF complies with the conditions of approval in Section 18.42.110(j), and all objective standards adopted and amended from time to time by resolution of the City Council or the development standards in Section 18.42.110(i). If such objective standards are repealed, an application shall not be granted unless, in addition to the other requirements of this section, and all of the architectural review findings in Section 18.76.020(d) can be made. (3) The Director, or Council on appeal, shall deny a Tier 2 WCF Permit if the above findings cannot be made.
(h) Tier 3 WCF Permit Process and Findings
(1) A Tier 3 WCF Permit shall be reviewed by the Director, who may, in his or her sole discretion, refer an application to the Architectural Review Board and/or Planning and Transportation Commission. For WCF installations in the public right of way, the Director shall refer applications to the Architectural Review Board for review. The Director's decision shall be appealable directly to the City Council. An appeal may be set for hearing before the City Council or may be placed on the Council's consent calendar, pursuant to the process for appeal of architectural review set forth in Section 18.77.070(f). (2) T
he Director or Council on appeal shall grant a Tier 3 WCF Permit provided the conditional use permit findings in Section 18.76.010(c) can be made, and the proposed WCF complies with the conditions of approval in Section 18.42.110(j), and all objective standards adopted and amended from time to time by resolution of the City Council or the development standards in Section 18.42.110(i)., and If the City Council repeals all objective standards, an application shall not be granted unless, in addition to the other requirements of this section, all of the architectural review findings in Section 18.76.020(d) can be made. (3) The Director, or Council on appeal, shall deny a Tier 3 WCF Permit if the above findings cannot be made.
(i) Generally Applicable Development Standards
Item 15
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 18.42 (Standards
for Special Uses) of the
Palo Alto Municipal Code
on a Temporary Basis to
Modify the Procedure
and Standards Governing
the Review of Wireless
Communications Facilities
Applications; and
repealing Resolution 9873
(Amending Objective
Aesthetic, Noise, and
Related Standards for
Wireless Communication
Facilities in the Public
Rights of Way)
Item 15: Staff Report
Pg.
9 Packet Pg. 352 of 578
NOT YET APPROVED Attachment A
9 027120324
Unless the City Council has adopted more specific standards, and except as otherwise provided in this section, a proposed WCF Project shall comply with the following standards:
(1) Shall utilize the smallest antennae, radio, and associated equipment, as measured by volume, technically feasible to achieve a network objective; (2) Shall be screened from public view;
(3) When attached to an existing structure, shall be shrouded or screened using materials or colors found on existing structure;
(4) Shall be placed at a location that would not require the removal of any required landscaping or would reduce the quantity of landscaping to a level of noncompliance with the Zoning Code;
(5) An antenna, base station, or tower shall be of a "camouflaged" or "stealth" design, including concealment, screening, and other techniques to hide or blend the antenna, base station, or tower into the surrounding area, such as the use of a monopine design; (6) Shall not be attached on a historic structure/site, as designated by Chapter 16.49; (7) Except as otherwise permitted by the Spectrum Act, a building-mounted WCF may extend no more than fifteen (15) feet beyond the permitted height of the building in the zone district; (8) Except as otherwise permitted by the Spectrum Act, a tower or other stand-alone Tier 3 WCF Project shall not exceed beyond sixty-five (65) feet in height; and (9) A tower or other stand-alone Tier 3 WCF may encroach into the interior/street side and rear setback.
(j) Conditions of Approval
In addition to any other conditions of approval permitted under federal and state law and this Code that the Director deems appropriate or required under this Code, all WCF Projects approved under this chapter, whether approved by the Director, City Council, or deemed granted by operation of law, shall be subject to the following conditions of approval:
(1) Permit conditions. The grant or approval of a WCF Tier 1 Permit shall be subject to the conditions of approval of the underlying permit, except as may be preempted by the Spectrum Act.
(2) As-built plans. The applicant shall submit to the Director an as-built set of plans and photographs depicting the entire WCF as modified, including all transmission equipment and all utilities, within ninety (90) days after the completion of construction. (3) Applicant shall hire a radio engineer licensed by the State of California to measure the actual radio frequency emission of the WCF and determine if it meets FCC's standards. A report, certified by the engineer, of all calculations, required measurements, and the engineer's findings with respect to compliance with the FCC's radio frequency emission standards shall be submitted to the Planning Division within one year of commencement of operation.
Item 15
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 18.42 (Standards
for Special Uses) of the
Palo Alto Municipal Code
on a Temporary Basis to
Modify the Procedure
and Standards Governing
the Review of Wireless
Communications Facilities
Applications; and
repealing Resolution 9873
(Amending Objective
Aesthetic, Noise, and
Related Standards for
Wireless Communication
Facilities in the Public
Rights of Way)
Item 15: Staff Report
Pg.
10 Packet Pg. 353 of 578
NOT YET APPROVED Attachment A
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(4) Indemnification. To the extent permitted by law, the applicant shall indemnify and hold harmless the city, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the city for its actual attorneys' fees and costs incurred in defense of the litigation. The city may, in its sole discretion and at Applicant's expense, elect to defend any such action with attorneys of its own choice.
(5) Compliance with applicable laws. The applicant shall comply with all applicable provisions of the Code, any permit issued under this Code, and all other applicable federal, state and local laws (including without limitation all building code, electrical code and other public safety requirements). Any failure by the City to enforce compliance with any applicable laws shall not relieve any applicant of its obligations under this code, any permit issued under this code, or all other applicable laws and regulations. (6) Compliance with approved plans. The proposed Project shall be built in compliance with the approved plans on file with the Planning Division.
(7) Subject to city uses. Any permit to install or utilize poles or conduit in the public rights- of-way is subject to the city’s prior right to use, maintain, expand, replace or remove from use such facilities in the reasonable exercise of its governmental or proprietary powers. Such permit is further subject to the city’s right to construction, maintain, and modify streets, sidewalks, and other improvements in the public rights-of-way. The city, in its sole discretion, may require removal or relocation of a permittee’s equipment, at permittee’s sole cost and expense, if necessary to accommodate a city use.
(8) Replacement. Where feasible, as new technology becomes available, the applicant shall place above-ground equipment below ground and replace equipment remaining above-ground with smaller equipment, as determined by volume. The applicant shall obtain all necessary permits and approvals for such replacement.
(9) Permit length. WCFs permits shall be valid for the time provided in Section
18.42.110(n), except that a permit shall automatically expire after twelve months from the date of approval if within such twelve month period, the applicant has not obtained all necessary permits to commence construction. The director may, without a hearing, extend such time for a maximum period of twelve additional months only, upon application filed with him or her before the expiration of the twelve-month limit.
(k) Exceptions
(1) The decision-making authority may grant exceptions to objective standards adopted by City Council resolution or any provision of this Section 18.42.110, upon finding that:
A. The proposed WCF complies with the requirements of this Section 18.42.110 and any other requirements adopted by the City Council to the greatest extent feasible; and either B. As applied to a proposed WCF, the provision(s) from which exception is sought would deprive the applicant of rights guaranteed by federal law, state law, or both; or Item 15
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 18.42 (Standards
for Special Uses) of the
Palo Alto Municipal Code
on a Temporary Basis to
Modify the Procedure
and Standards Governing
the Review of Wireless
Communications Facilities
Applications; and
repealing Resolution 9873
(Amending Objective
Aesthetic, Noise, and
Related Standards for
Wireless Communication
Facilities in the Public
Rights of Way)
Item 15: Staff Report
Pg.
11 Packet Pg. 354 of 578
NOT YET APPROVED Attachment A
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C. Denial of the application as proposed would violate federal law, state law, or both. (2) An applicant must request an exception at the time an application is initially submitted for a WCF permit under this Section 18.42.110. The request must include both the specific provision(s) from which exception is sought and the basis of the request, including all supporting evidence on which the applicant relies. Any request for exception after the City has deemed an application complete constitutes a material change to the proposed WCF and shall be considered a new application.
(3) If the applicant seeks an exception from objective standards adopted by City Council resolution or generally applicable development standards, the Director may refer the application to the Architectural Review Board for recommendation on whether the application complies with such standards to the greatest extent feasible. (43) The applicant shall have the burden of proving that federal law, state law, or both compel the decision-making authority to grant the requested exception(s), using the evidentiary standards applicable to the law at issue. The Ccity shall have the right to hire independent consultants, at the applicant’s expense, to evaluate the issues raised by the exception request and to submit rebuttal evidence where applicable. (l) Removal of Abandoned Equipment
A WCF (Tier 1, Tier 2, or Tier 3) or a component of that WCF that ceases to be in use for more than ninety (90) days shall be removed by the applicant, wireless communications service provider, or property owner within ninety (90) days of the cessation of use of that WCF. A new WCF permit shall not be issued to an owner or operator of a WCF or a wireless communications service provider until the abandoned WCF or its component is removed. (m) Revocation
The Director may revoke any WCF Permit if the permit holder fails to comply with any condition of the permit. The Director's decision to revoke a Permit shall be appealable pursuant to the process applicable to issuance of the Permit, as provided in subdivisions (f), (g), and (h) of this section.
(n) Expiration
Except as otherwise provided in the permit or in a lease or license agreement with the City of Palo Alto, WCF permits shall be valid for a period of ten years from the date of approval. An applicant may seek extensions of an approved WCF permit in increments of no more than ten years and no sooner than twelve months prior to the expiration of the permit. The Director shall approve an extension request upon finding that that applicant has complied with all conditions of approval for the WCF permit and will comply with all other requirements applicable to WCFs at the time the extension is granted. Prior to issuing a decision on an extension request, the Director may seek additional studies and information to be prepared at the applicant’s expense.
Item 15
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 18.42 (Standards
for Special Uses) of the
Palo Alto Municipal Code
on a Temporary Basis to
Modify the Procedure
and Standards Governing
the Review of Wireless
Communications Facilities
Applications; and
repealing Resolution 9873
(Amending Objective
Aesthetic, Noise, and
Related Standards for
Wireless Communication
Facilities in the Public
Rights of Way)
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NOT YET APPROVED Attachment A
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SECTION 4. Severability. If any provision, clause, sentence or paragraph of this ordinance, or the application to any person or circumstances, shall be held invalid, such invalidity shall not affect the other provisions of this Ordinance which can be given effect without the invalid provision or application and, to this end, the provisions of this Ordinance are hereby declared to be severable.
SECTION 5. Effective Date. This Ordinance shall be effective on the thirty-first date after the date of its adoption.
SECTION 6. This ordinance shall be of no further force or effect as of [Insert date 24 months + 1 day after date of adoption], or unless repealed earlier by the Council.
SECTION 7. CEQA. The City Council finds and determines that this Ordinance is not a project within the meaning of section 15378 of the California Environmental Quality Act (“CEQA”) Guidelines because it has no potential for resulting in physical change in the environment, either directly or ultimately. In the event that this Ordinance is found to be a project under CEQA, it is subject to the CEQA exemption contained in CEQA Guidelines section 15061(b)(3) because it can be seen with certainty to have no possibility of a significant effect on the environment in that this Ordinance simply clarifies existing local regulations.
INTRODUCED:
PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST:
APPROVED:
______________________________ ____________________________ City Clerk Mayor
APPROVED AS TO FORM: ____________________________
City Manager
______________________________
City Attorney or designee ____________________________ Director of Planning and
Community Environment
Item 15
Attachment A - Ordinance
of the Council of the City
of Palo Alto Amending
Chapter 18.42 (Standards
for Special Uses) of the
Palo Alto Municipal Code
on a Temporary Basis to
Modify the Procedure
and Standards Governing
the Review of Wireless
Communications Facilities
Applications; and
repealing Resolution 9873
(Amending Objective
Aesthetic, Noise, and
Related Standards for
Wireless Communication
Facilities in the Public
Rights of Way)
Item 15: Staff Report
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: June 9, 2025
Report #:2505-4614
TITLE
Adoption of the Community Development Block Grant (CDBG) Fiscal Year (FY) 2025-2026 Annual Action Plan, 2025-2030 Consolidated Plan, and a Resolution Approving Use of CDBG Funds for FY 2025-2026 as Recommended by the Human Relations Commission. CEQA Status:
Exempt under CEQA Guidelines Section 15378(b)(4).
RECOMMENDATION
The Human Relations Commission (HRC) and staff recommend City Council take the following actions:
1. Adopt the draft Fiscal Year (FY) 2025-2026 Annual Action Plan (AAP), 2025-2030 Consolidated Plan (ConPlan)1, and the associated resolution (Attachment A) allocating Community Development Block Grant (CDBG) funding for FY 2025-2026;
2. Authorize the City Manager to execute the FY 2025-2026 CDBG application to fund the FY 2025-2026 AAP and any other necessary documents concerning the application, and to otherwise bind the City with respect to the applications and commitment of funds;
3. Authorize staff to submit the FY 2025-2030 Consolidated Plan and 2025-2026 AAP to U.S. Department of Housing and Urban Development (HUD) by the extended deadline of August 16, 2025;
4. Authorize the City Manager or designee to draft and execute amendments to a loan agreement, regulatory agreement, and related documents necessary to implement City Council direction on the Alma Garden Rehabilitation Project in a form consistent with the City’s affordable housing loan documents and approved by the City Attorney; and
5. Direct staff to return to Council following budget adoption to amend the FY 2026 Budget Appropriation for the Community Development Block Grant Fund (2/3 vote needed) by:
1 https://www.paloalto.gov/files/assets/public/v/3/planning-amp-development-services/cdbg-general- information/plans-and-reports/consolidated-plans/attachment-a-2025-2030-conplan-and-2025-2026-aap.pdf Item 16
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1. Increasing Revenue from Other Agencies by $616,233.
2. Increasing General Expenses by $616,233.
EXECUTIVE SUMMARY
HUD requires jurisdictions to prepare a five-year strategic plan, the ConPlan, which outlines priority housing and community development needs and establishes related goals. Each year, jurisdictions must also submit an AAP that identifies the specific projects and activities to be funded during the upcoming program year to implement the ConPlan’s strategies.
On May 8, 2025, the HRC developed funding recommendations for the CDBG FY 2025-2026 funding cycle. Given that the City’s CDBG grant entitlement amount for FY 2025-2026 was unknown at the time, the HRC also recommended the implementation of a contingency plan to be used if FY 2025-2026 funds differed from the amount estimated by staff.
On May 14 2025, the City received HUD’s formal notification of the City’s CDBG FY 2025-2026 entitlement grant amount. Subsequently, staff updated the draft FY 2025-2026 AAP to:
Incorporate the City’s CDBG FY 2025-2026 entitlement grant amount; and Update the CDBG FY 2025-2026 funding allocation amounts to implement the HRC’s recommended contingency plan because the HUD allocation exceeded the staff estimate by $16,233.
The draft 2025-2030 ConPlan and FY 2025-2026 AAP contains proposed funding allocations to spend all available CDBG funds. CDBG funds available for allocation in FY 2025-2026 total $616,233, including the City’s entitlement grant and estimated program income to be received.
It is not possible to fund all applications at the requested amounts due to the limitations of available funds. However, the proposed recommendations:
Allocate all available CDBG program funds;
Are consistent with the City’s CDBG ConPlan;
Are consistent with the City’s 6 th Cycle Housing Element goals and programs as they pertain to CDBG; and
Will result in funding key services and projects that benefit many low and very low- income Palo Alto residents.
Staff recommends that Council review and approve the draft FY 2025-2030 ConPlan and 2025- 2026 AAP2, the associated draft Resolution (Attachment A), and authorize staff to submit and execute associated documents necessary to implement the FY 2025-2030 ConPlan and 2025- 2026 AAP.
2 https://www.paloalto.gov/files/assets/public/v/3/planning-amp-development-services/cdbg-general- information/plans-and-reports/consolidated-plans/attachment-a-2025-2030-conplan-and-2025-2026-aap.pdf Item 16
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On May 2, 2025, the White House Office of Management and Budget released its topline discretionary budget request for Fiscal Year 2026 to Congress, which proposes the elimination of the CDBG program. If this request is enacted, the City would be unable to award CDBG funds in FY 2026-2027. Staff will continue to monitor the status of the FY 2026 federal budget and keep potential CDBG subrecipients informed regarding the availability of funds in the upcoming funding cycle.
BACKGROUND
The CDBG program, administered by HUD, provides annual grants on a formula basis to states, cities, and counties to develop viable urban communities by providing decent housing, a suitable living environment and by expanding economic opportunities, principally for low- and moderate-income persons. The HUD regulations require all CDBG-funded activities to meet one of the three national objectives:
1. Benefit low- and very-low-income persons;
2. Aid in the prevention or elimination of slums or blight; or
3. Meet other community development needs having a particular urgency or posing a serious and immediate threat to the health or welfare of the community.
The City’s CDBG program has primarily been focused on meeting the first objective of benefiting low- and very-low-income persons.
Consolidated Plan & Annual Action Plan
HUD requires preparation of a five-year strategic plan, referred to as a ConPlan, which must address priority housing and community development needs and set goals related to those needs. The CDBG program is currently guided by the 2020-2025 ConPlan adopted by Council on June 15, 2020. HUD also requires the submittal of an AAP, which must identify the specific projects to be funded to implement strategies identified in the ConPlan.
To update both documents, Planning and Development Services staff coordinated with the County of Santa Clara and other entitlement jurisdictions to select a consulting firm to prepare the draft 2025-2030 ConPlan and 2025-2026 AAP. Staff presented the draft plans to the HRC on May 8, 2025. The plans were made available for a public review period beginning May 5, 2025, through June 4, 2025, which constitutes the required 30-day public review period. Once adopted by City Council, the ConPlan will be effective July 1, 2025, through June 30, 2030.
The ConPlan is designed to support CDBG entitlement grantees assessment of affordable housing and community development needs, with public participation playing a central role. In 2024, a consortium including Santa Clara County and participating jurisdictions conducted a comprehensive outreach process to identify needs and enhance coordination with social service providers. Comments received through this outreach effort, in addition to Palo Alto’s locally identified needs, informed the development of the five-year strategic plan.
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Projects funded through the City by the CDBG program must be consistent with the goals outlined in the draft 2025-2030 ConPlan. The projects identified for funding in the draft AAP are consistent with these goals and, following the City Council's final approval of funding allocations, will be reported to HUD in the FY 2025-2026 AAP.
Citizen Participation for the Annual Action Plan and Consolidated Plan HUD's regulations and the City's adopted "Citizen Participation Plan3" ensure adequate citizen participation in the CDBG funding process.
Per the City’s Citizen Participation Plan, the HRC supports the preparation of the draft AAP and ConPlan by facilitating public input and providing advisory recommendations. On March 19, 2025, the HRC Selection Committee reviewed the applications received for FY 2025-2026. The HRC Selection Committee’s recommendations were then presented at a public hearing to the full HRC on May 8, 2025. The HRC approved a motion 6-1 to recommend that Council approve the draft FY 2025-2026 AAP and 2025-2030 ConPlan with staff consideration being given to a 25% reduction of the allocation to Upwards and that the monies remaining be allocated to the other uncapped entities with special emphasis on Alma Garden. The Commissioner who voted in opposition expressed concern about providing public funding to Upwards, citing the company’s for-profit status and business model. Based on the HRC‘s recommendation, staff confirmed that the Alma Garden project could utilize additional funding and reallocated $30,000 from Upwards to the Alma Garden project. As the City’s CDBG grant entitlement amount for FY 2025-2026 was unknown at the time, the HRC also recommended the implementation of a contingency plan to be used if FY 2025-2026 funds differed from the amount estimated by staff.
Prior to the submission of the AAP and ConPlan to HUD, the City must hold two public hearings.
This HRC meeting served as the first public hearing, and the June 9, 2025, City Council meeting, will serve as the second public hearing.
Annual Action Plan Allocation Process
CDBG funding applications were made available on November 26, 2024, with completed applications due January 10, 2025. A notice of CDBG funding availability was published in the Daily Post on November 26, 2024. The City hosted a pre-proposal conference on December 4, 2024. Additionally, staff provided technical assistance to applicants during the open application time window regarding program regulations and project eligibility questions.
ANALYSIS
This section provides a description of the CDBG funds available for allocation and recommendations for the FY 2025-2026 funding cycle.
3 Adopted Citizen Participation Plan: https://www.paloalto.gov/files/assets/public/v/1/planning-amp- development-services/cdbg-general-information/plans-and-reports/amended-citizen-participation-plan-2022- approved-by-city-council-9-12-22-final.pdf
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Funds Available for Allocation in FY 2025-2026
CDBG funds available for allocation in FY 2025-2026 total $616,233, including the City’s entitlement grant and estimated program income to be receipted.
Program Income (PI) comes from Palo Alto Housing Corporation (Alta Housing) for loan repayments and rental income in excess of expenses on specific properties acquired or rehabilitated with CDBG funds. Cities are required to estimate anticipated program income for the activity budget for the upcoming year. Based on past years, PI for FY 2025-2026 is estimated to be $100,000.
Table 1. FY 2025-2026 CDBG Estimated Funds Available
CDBG Funds Available Available for Funding
FY 2024-25 Entitlement Grant $616,233.00
Program Income in FY 2025-2026 (Estimated) $100,000.00
Estimated Total CDBG Funds Available for Allocation $616,233.00 CDBG Funding Categories and Funding Caps
The CDBG program has five primary activity areas in which to allocate funds: Public Services, Economic Development, Housing Rehabilitation, Public Facilities & Improvement, and Planning & Administration.
Federal regulations cap the amount that can be spent on Public Services and Planning & Administration as follows (Table 2):
Public Services (15% Cap) — The amount of any CDBG funds that may be obligated toward Public Services during a program year is capped at 15 percent of the sum of the grant allocation plus the total amount of program income received during the prior program year.
Planning & Administration (20% Cap) — The amount of any CDBG funds that may be obligated toward Planning & Administration during a program year is capped at 20 percent of the sum of the grant allocation plus the total amount of program income received during the current program year.
Table 2. FY 2025-2026 Breakdown of Capped/Un-Capped Funds CDBG Amount
Public Services 15% Maximum
15% x [Grant allocation ($516,233) + prior year FY 2024-2025 program income ($129,950)]
$96,927.40
Estimated Planning and Administration 20% Maximum
20% x [Grant allocation ($516,233) + current year FY 2025-2026 estimated program income ($100,000)]
$123,246.60
Un-capped Funds $396,059.00
Estimated Total Available for CDBG Allocation $616,233.00 Item 16
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CDBG 2025-2026 Funding Allocations
Ten (10) applicants are recommended for CDBG FY 2025-2026 funding allocations (Table 3) in the draft AAP. It is not possible to fully fund all applications at the levels requested in the Public Services category. However, the City is able to fully fund applications in the Economic Development and Housing Rehabilitation categories. The draft FY 2025-2026 AAP reflects the HRC’s funding recommendations and the FY 2025-2030 ConPlan goals and priorities.
Table 3: Fiscal Year 2025-2026 CDBG Budget
Applicant Agency Requested Funding Recommended
Allocation
CDBG Applicants
Public Services (15% Cap = $96,927.40)
LifeMoves – Case Management at Opportunity
Center $69,919.00 $39,154.64
Silicon Valley Independent Living Center (SVILC) –
Case Management Services $37,290.00 $20,067.43
Project Sentinel – Fair Housing Services $35,835.00 $22,005.33 Next Door Solution to Domestic Violence $10,000.00 $7,200.00 Catholic Charities – Long Term Ombudsmen
Program $12,908.00 $8,500.00
Subtotal $96,927.40
Economic Development (No Cap)
WeeCare / Upwards – Training for Family Child
Care Home $120,000.00 $90,000.00
Subtotal $90,000.00
Housing Rehabilitation (No Cap)
Rebuilding Together Peninsula – Safe at Home $73,585.00 $73,585.00 Community Working Group/Abode – Alma
Garden N/A* $162,474.00
Subtotal $236,059.00
Public Facilities & Improvements (No Cap)
Homekey Palo Alto – Recreation Project N/A* $70,000.00
Subtotal $70,000.00
Planning & Administration (20% Cap = $123,246)
City of Palo Alto Administration N/A $123,246.60
Subtotal $123,246.60
Grand Total for CDBG Budget $616,233.00
*“N/A” indicates that no formal application was submitted. These uncapped projects were previously awarded funds, and additional funding was determined to be necessary through staff and HRC review based on identified need.
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Should the 2025-2030 ConPlan and FY 2025-2026 AAP be adopted by City Council, it would be submitted to HUD prior to the August 16, 2025, extended deadline.
POLICY IMPLICATIONS
The programs, projects, and activities recommended for funding in the draft FY 2025-2026 CDBG AAP are consistent with the priorities established in the City’s draft FY 2025-2030 CDBG ConPlan.
Staff has reviewed the HUD Allocation Letter associated with the CDBG program and confirms that the City complies with the provisions. When the complete CDBG contract is made available by HUD, staff will again conduct a thorough review to ensure that this remains true.
FISCAL/RESOURCE IMPACT
There is no fiscal impact associated with this action as CDBG funding is provided by HUD.
Associated grant funding is also used to support program administration for consultant services and liability insurance. On December 16, 2024, Council previously authorized the City Manager to enter into a Revenue Agreement with the County of Santa Clara to fund the development of the Consolidated Plan. With Council direction, staff will return to Council on June 16, 2025, to amend the FY 2026 Budget Appropriation for the CDBG Fund.
On May 2, 2025, the White House Office of Management and Budget released its topline discretionary budget request for Fiscal Year 2026 to Congress, which proposes the elimination of the CDBG program. If this request is enacted, the City would be unable to award CDBG funds in FY 2026-2027. Staff will continue to monitor the status of the FY 2026 federal budget and keep potential CDBG subrecipients informed regarding the availability of funds in the upcoming funding cycle.
STAKEHOLDER ENGAGEMENT
Prior to the submission of the FY 2025-2026 AAP and 2025-2030 ConPlan to HUD, the City must hold a public hearing on the draft AAP and ConPlan, a 30-day circulation and public comment period, and hold an additional public hearing.
The HRC meeting on May 8, 2025 served as the first public hearing.
The 30-day circulation, public review, and comment period on the draft AAP and ConPlan began on May 5, 2025 and ended on June 4, 2025. At the time of this report staff did/did not receive public comment on the draft FY 2025-2030 ConPlan and 2025-2026 AAP.
The City Council public hearing on June 9, 2025, will serve as the second public hearing for review and approval of the FY 2025-2030 ConPlan and 2025-2026 AAP.
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ENVIRONMENTAL REVIEW
For the purposes of the National Environmental Policy Act (NEPA) and the California Environmental Quality Act (CEQA), budgeting by itself is not a project. Prior to the commitment or release of funds for each of the proposed programs, projects, and activities, staff will carry out the required environmental reviews or assessments and certify that the review procedures under HUD, NEPA, and CEQA regulations have been satisfied for each activity.
ATTACHMENTS
Attachment A: Draft Resolution to Adopt FY 2025-2030 Consolidated Plan and 2025-2026 Annual Action Plan
APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item 16
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Resolution No. ______XXXX_________
Resolution of the City Council of the City of Palo Alto Approving The Use of Community Development Block Grant Funds for
Fiscal Year 2025-2026
A. On June 9, 2025, the Palo Alto City Council approved and adopted a document entitled “Consolidated Plan” which identified and established the Palo Alto housing an d non-housing community development needs, objectives, and priorities for the period July 1, 2025, to June 30, 2030.
B. The Fiscal Year 2025-2026 Annual Action Plan, the annual funding update to the Consolidated Plan, was subjected to public review and commentary during the period from May 5, 2025, through June 4, 2025.
C. The potential uses of Community Development Block Grant (CDBG) funds were evaluated in light of the needs and objectives identified in the Consolidated Plan and reflected in the recommendations and comments of the Human Relations Commission Selection Committee, Human Relations Commission, and other interested citizens.
D. Under the CDBG program, the highest priority is given to activities which will benefit persons with low and moderate incomes.
E. The City Council and the Human Relations Commission have held publicly noticed public hearings on the proposed uses of the CDBG funds for Fiscal Year 2025-2026.
F. CDBG funds allocated to the City for Fiscal Year 2025-2026 are proposed to implement the programs described in this resolution.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. The uses of CDBG funds for Fiscal Year 2025-2026 are hereby approved and authorized for the following programs:
Name of Program Amount
1. Catholic Charities of Santa Clara County – Long Term Care Ombudsman Program. Advocate for the rights of seniors and disabled residents in long term care facilities.
$8,500.00
2. LifeMoves – Opportunity Services Center. Provide case management services to Opportunity Services Center and Hotel De Zink clients in locating housing and/or employment and be connected to benefits. $39,154.64
3. Silicon Valley Independent Living Center – Housing and Emergency Services.
Provide case management services to low-income individuals with disabilities to secure affordable and accessible housing.
$20,067.43
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Resolution to Adopt FY
2025-2030 Consolidated
Plan and 2025-2026
Annual Action Plan
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4. Project Sentinel – Fair Housing Services. Provide fair housing services including complaint investigation, counseling, advocacy and community education
$22,005.33
5. Upwards/WeeCare. A microenterprise business that will provide Palo Alto childcare business improvement services. $90,000.00
6. Next Door Solutions to Domestic Violence. Provide client-centered services to residents identifying as victims/survivors of domestic/intimate partner violence.
$7,200.00
7. Rebuilding Together Peninsula – Safe at Home. Provision of critical health and safety related home repair needs for low-income Palo Alto homeowners.
$73,585.00
8. Community Working Group/Abode – Alma Garden. The rehabilitation of a 10-unit affordable housing development. $162,474.00
9. Homekey Palo Alto – Recreation Project. This project will provide a recreation area and recreation equipment at the Homekey Palo Alto shelter.
$70,000.00
10. CDBG Program Planning and Administration. $123,246.60
Total CDBG Funds $616,233.00
SECTION 2. The total amount set forth under Section 1 of this resolution represents the proposed allocation of $516,233, in CDBG funds from the United States Department of Housing and Urban Development (HUD) for F iscal Year 2025-2026, and $100,000, in anticipated program income for F iscal Year 2025-2026 from Palo Alto Housing Corporation.
SECTION 3. The City staff is hereby authorized to submit the Fiscal Year 2025 -2030 Consolidated Plan and Fiscal Year 2025-2026 Annual Action Plan, update and appropriate funding to HUD for the Fiscal Year 2025-2026 CDBG funds, and such money shall be spent as set forth in this resolution.
The Mayor, City Manager and any other designated City staff or officials are hereby authorized to execute such application forms and any other necessary documents to secure these funds. The City Manager or designee is authorized to sign all necessary grant agreements with the program providers set forth in Section 1.
SECTION 4. The funding amounts set forth in Section 1 of this resolution are based on final allocation amounts from the Federal Fiscal Year 2025-26 HUD appropriations; City Staff is authorized to adjust increasing or decreasing the funding amounts set forth herein as consis tent with the adopted Citizen Participation Plan.
SECTION 5. The City Council hereby fi nds that the Fiscal Year 20 25-2026 CDBG program authorized under Section 1 of this resolution is not a project under the California Environmental Quality Act (CEQA). However, the Council further authorizes and directs City staff to prepare certifications that Item 16
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Resolution to Adopt FY
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Plan and 2025-2026
Annual Action Plan
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may be required, under CEQA and the National Env ironmental Policy Act (NEPA), for each project under the Fiscal Year 2025-2026 CDBG program prior to the release of funds for any such project.
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Resolution to Adopt FY
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Plan and 2025-2026
Annual Action Plan
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INTRODUCED AND PASSED:
AYES:
NOES:
ABSTENTIONS:
ABSENT:
ATTEST: APPROVED:
City Clerk Mayor
APPROVED AS TO FORM:
City Manager
Sr. Assistant City Attorney Director of Planning and
Development Services
APPROVED AS TO CONTENT:
Director of Administrative Services
CDBG Coordinator
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Resolution to Adopt FY
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Annual Action Plan
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: City Manager
Meeting Date: June 9, 2025
Report #:2504-4461
TITLE
Approve a Resolution to Allow Dining and Retail Encroachments on Car Free California Avenue under PAMC Ch. 12.11; Direct Staff to Approve the Car Free California Avenue Outdoor Activation Program Regulations Including Reference to the Program fees in the FY 2026 Municipal Fee Schedule; Adopt a Resolution Allowing Open Containers in Conjunction with Third Thursday Performances in 2025; Direct Staff to Review Differences Between the Open Container Resolution and an Entertainment Zone as Recommended by the Retail Committee.
CEQA Status – categorically exempt.
RECOMMENDATION
The Retail Committee and staff recommend that the City Council:
1. Approve the Car Free California Avenue Outdoor Activation Program Regulations (Attachment A)
a. Set program fees (application fee, renewal fee, license fee for use iof the public right-of-way, and deposit) in alignment with the existing Ongoing Parklet Program as recommended in the FY 2026 Municipal Fee Schedule (scheduled for Council adoption on June 16);
2. Adopt a Resolution allowing dining and retail encroachments on Car Free California Avenue under existing PAMC Ch. 12.11 (Parklets) Attachment B.
3. Adopt a Resolution to allow open containers in conjunction with the Third Thursday music performances in 2025 (Attachment C); and
4. Refer to staff a review of differences between the expired open container resolution and an entertainment zone for future consideration.
EXECUTIVE SUMMARY
The Outdoor Activation Program sets forth the permit design requirements for outdoor dining and merchandising for the car-free section of California Avenue in alignment with the City Council direction for staff to return with guidelines for outdoor activation in advance and in preparation for the 2025 winter weather months. The proposed program, reviewed and Item 17
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recommended for Council approval by the Retail Committee (“Committee”)1, will facilitate flexible outdoor dining and merchant activities, enabling the commercial use of public sidewalks and roadway space. This staff report highlights:
Vision for outdoor dining
Merchant feedback regarding outdoor dining
Key differences between parklets and the outdoor activation program Outdoor dining requirements and guidance
Signage
Impact of outdoor dining on sanitary sewer infrastructure Restroom capacity
Outdoor Activation fees
Issues with building structures in the public right-of-way Revisions per Retail Committee feedback
Implementation timeline
Open Container Resolution and Entertainment Zone
The document serves as guidance to businesses, City staff, designers, and the public. The program will be administered by the Public Works Department via the City’s existing parklet permit process but will be subject to these guidelines that are specific to car-free California Avenue. Included in the program is the fee structure for use of the public right of way, with the recommendation from the Retail Committee to remain consistent with fees used in the Ongoing Parklet Program with some consideration for the costs of additional public infrastructure specific to California Avenue.
The program is consistent with Council economic development priorities and the specific 2025 priority objective “Council approval of outdoor activation guidelines for California Avenue” and advances Council action for California Avenue to be a “community street.”
BACKGROUND
Since the COVID-19 pandemic in 2020, the City Council has repeatedly affirmed its desire to have portions of California Avenue remain a car-free street. This action was continued through interim ordinances, with final action to amend the Comprehensive Plan and permanently designate California Avenue between Birch and El Camino Real as a community street on March 10, 2025. As part of efforts to enhance the aesthetics of the car-free street, staff presented preliminary information on place identity, signage, and wayfinding, as well as outdoor activation guidelines to the City Council on February 3, 2025. On May 21, 2025, Staff presented 1 Retail Committee voted two (2) in support of recommending City Council approval and one (1) absent (Councilmember Burt).
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the Car Free California Avenue Outdoor Activation Program to the Retail Committee,2 which voted to advance the program to the City Council.
In addition to supporting the activation program, the Committee included in its motion a recommendation for the Council to have staff explore the adoption of an open containers resolution and the establishment of an entertainment zone. Notably, in June 2024, the Council approved a resolution under PAMC section 9.04.010 allowing the consumption of alcohol on California Avenue during the 3rd Thursday Events, effective from June through December 2024.3
ANALYSIS
The outdoor activation program advances the City’s comprehensive economic development strategy, to “Reinforce each districts’ distinct scale and offerings by embracing California Avenue as a community and neighborhood serving place.” And “Adopt policies that reflect changing market conditions by easing regulatory burden for businesses, removing outdated restrictions that create hurdles to tenancy, and focus retail and retail like uses in places where they are market supported.”
Purpose and Vision
The purpose of the outdoor activation program is to enable restaurants to occupy the public right of way for outdoor seating to support the economic and community vitality of the street, through a streamlined permitting program, that does not impose undue time and cost burdens on applicants, nor impact the safety and function of the street.
The vision for the outdoor activation program is:
A community-oriented, car-free street environment
Prioritizing economic vitality, pedestrian experience and social interaction Flexible, open, visually cohesive public space
Lively, inclusive atmosphere for residents and visitors Accessible, safe, high design quality, and regularly maintained Merchant Preferences
The program is responsive to California Avenue merchant feedback on their preferences for outdoor dining:
Desire for design equity and aesthetic improvements
Interest in weather protection (shelter, wind screens, heating) Support choice in materials, colors, signage
2 Retail Committee, May 21, 2025,
https://cityofpaloalto.primegov.com/Portal/Meeting?meetingTemplateId=17618 3 Staff Report 2405-3093 on Consumption of Alcohol on California Ave:
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Permit variety of seating and merchandizing, decorative lighting, flowers and plants on the enclosures, outdoor host stations, hanging blade signs and other elements Preference to avoid temporary-looking or low-cost construction that avoids such things as corrugated plastic roofing, overly brightly colored furniture, post and rope barriers and unneeded traffic safety elements
Outdoor Dining Requirements
The program is organized into general requirements and design elements as presented in the following table:
Design ElementsGeneral Requirements
(applies to all permits) Required Optional
Planters
Lighting
Electrical
Waste management
Railings
Sidewalls
Overhead shelter
Branding and signage
Heating
Platforms (where
appropriate)
Location
Setbacks
Use
Accessibility
Operator
responsibilities
Permitting process
and conditions
Design Guidance applies to each element
Design elements are either required, or optional per the applicant‘s discretion. When an applicant selects a design element, they must meet all of the requirements for that element.
Design Guidance is to encourage best practice, promote high quality design, and ensure consistency for the aesthetics of the street. This structure allows businesses to customize their outdoor space while maintaining safety, accessibility, and a cohesive street environment.
Signage
Staff recommends allowing limited use of sandwich boards within designated outdoor activation areas to support visibility of businesses for pedestrians walking down the center of the street. The City’s sign code currently prohibits freestanding signs in the public right-of-way, including sandwich boards. This allowance would support merchant visibility while maintaining pedestrian flow and safety. Per discussion at Retail Committee, Merchants will be permitted up two signs in outdoor activation areas, with no more than one sandwich board sign. Staff will need to coordinate to make any necessary adjustments to the City’s Sign Ordinance.
Differences from Ongoing Parklet Program
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environment. At the May 21, 2025 Retail Committee, staff noted the following differences from the City’s parklet program:
(1) Design elements are to be free-standing and not attached to the roadway to enable immediate response to an emergency, such as a gas leak, as required to meet the City’s utilities responsibilities.
(2) Businesses can choose electric or propane heaters, however the use of propane heaters requires two sides of an outdoor dining area to be open air per fire/life safety requirements.
(3) No changes are proposed from city requirements regarding permitting amplified music. (4) Parklet roof and enclosures are not permitted on Cal Ave. (See discussion below on permanent structures.)
(5) Lighting and electricity are required. Electrical service is to meet electrical code, and service is to be provided overhead in areas with glass mosaic sidewalks, so as to not damage the sidewalk.
(6) Outdoor activation enables more right-of-way to be available for outdoor dining than what can be permitted under the on-going parklet program.
Impacts of Outdoor Activation Dining
Sanitary Sewer Infrastructure: The expansion of outdoor dining on California Avenue has significantly increased total restaurant capacity, leading to more meals served and a higher potential discharge of fats, oils, and grease (FOG) into the City’s sanitary sewer system. Grease Control Devices (GCDs) in many restaurants were originally sized for pre-pandemic indoor seating. Expanded seating is increasing the risk of FOG entering building drainage systems and the City's sanitary sewer (SS).
Several restaurants have high efficiency hydromechanical grease interceptors (HGIs) connected to most kitchen fixtures, but others operate with outdated or undersized GCD systems (e.g., legacy HGIs, no GCD, or limited fixture connections). These conditions increase the risk of untreated FOG entering the sewer system and raise concerns regarding additional maintenance costs.
Currently, approximately 13,700 square feet of public right-of-way is used for dining. Using the building code standard of 15 square feet per person, this equates to roughly 880 additional seats. Data from 14 establishments indicates an average increase in seating of 180 percent.
The proposed outdoor activation program will partially reduce the current area to approximately 11,000 square feet, or 734 seats, though the figures will depend on the number of restaurants, building frontage, setbacks and seating arrangement. This reduction is due to locating outdoor dining in front of establishments, emergency egress setbacks and street access. Future outdoor dining area may increase with new establishments. Staff conducts regular inspections to track impacts to both GCDs and the potential for impacts to the building’s drainage systems and the City’s sanitary sewer system.
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Staff recommends continuing proactive inspections, requiring businesses to more frequently maintain restaurant GCD systems, identifying higher-risk systems for improvement, and mitigating future problems through plan review to correct GCD type, size and fixture connections. Depending on the success of these efforts, supplemental fees may be required for outdoor dining permits to fund increased City maintenance costs.
Restroom Capacity: Similar to sanitary sewer system demands, outdoor dining also increases the demand for restroom capacity. Increasing dining capacity or occupancy load can increase the need for additional restroom fixtures. Given the increased demand for restrooms with the overall expansion of dining, provision of public restrooms to serve multiple establishments may offer a more cost-effective and space-efficient alternative to businesses providing their own additional bathrooms. Possible locations will depend on the number and size of facilities.
Location of restrooms will depend on the number of fixtures, size of facilities and convenience of location. Larger facilities could be accommodated at surface parking however this would displace parking spaces. The Retail Committee was keen to see investment in public restroom facilities to support outdoor activation additional capacity needs and events. This investment would depend on temporary versus permanent installations and the Committee recommends the Council provide direction to staff to further evaluate and return on this issue. Staff agrees there is a need, and expect that options could be brought forward for temporary facilities and these additional costs should be considered when the program total cost and fees or shared contributions are considered. Staff recognize that further discussion with merchants on longer term solutions is needed, but can continue in parallel.
Operations and Maintenance: Operating and maintenance costs are heightened in the car-free street of California Ave. with staffing needed to support the program initiation and implementation, additional cleaning, and installation and maintenance of infrastructure. Costs for additional restrooms are being evaluated.
Outdoor Activation Fees
The Committee and staff recommend use of fees established for other outdoor activation programs in the City including Parklets and the currently closed portion of Ramona St. in Downtown Palo Alto for these outdoor activation spaces on the car-free portion of California Avenue. Specific fees (including all additional reserve and technology charges) include:
An initial application fee (FY 2026 fee expected to be $5,004) An annual renewal fee (FY 2026 fee expected to be $604) A fully refundable deposit (FY 2026 expected to be $2,750) A license fee for use of the public right-of way (Downtown charge currently $10.71/square foot annually)
Each fee is outlined in greater detail below. The retail committee did recommend consideration of alternative license fees, in consideration of the additional benefits for this specific use of the public right of way and the impacts and costs associated with it.
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Initial Application Fee: An initial application fee is required to establish an outdoor activation space to fully recover cost necessary to process an application, conduct site inspections, including Public Works, Utilities, and others such as Planning if applicable review. A portion is also based on staff time required for ongoing program administration such as customer service, compliance with standards, and complaint response. The Committee and staff recommend maintain the fee consistent with the ongoing parklet program.
Annual Renewal Fee: An annual renewal fee is required to review the encroachment permit annually to fully recover costs at a flat rate. An application renewal is not expected to require the same level of staff effort as processing a new application and therefore the fee is less than the initial fee. The Committee and staff recommend maintain the fee consistent with the ongoing parklet program.
Deposit Fee: Consistent with other programs in the City, a deposit fee may be considered to address any unrepaired damage to the roadway or sidewalk or any costs that may be incurred due to the City having to remove things in the activated space. Given the recommended guidelines, this fee could be lowered or eliminated for the car-free portion of California Avenue as parklet structures are currently not authorized, however staff would recommend retaining use of it for consistency with the existing programs as there remains a cost to remove an installation from the permitted space in the event of a necessary removal.
License Fee: A license fee for use of the public right-of-way is proposed. This fee can be set based on the City Council’s reasonable assessment of the value of the land used by the operator and incorporate a certain amount of discount or subsidy for that use. The Retail Committee recommended maintaining use of the rate used for the ongoing parklet program with a request for alternative scenarios that considered the value of the use of the land in a car- free environment, without the same restrictions of space that regulate parklets. When considering the license fee, the Council may consider establishing different rates based on the permitted use of the space to align with the impacts more closely, namely, retail use versus restaurant uses and increased value of the land such as if the City provided supplemental restroom capacity as noted earlier. These variations could be studied and implemented at a later time.
The City’s existing Ongoing Parklet Program and outdoor programs operate with an annual license fee of $10.71 per square floor for use of the public right-of-way, which represented an 85% discount on the average 2022 ground floor retail rents in Palo Alto of $71 per square foot.
This fee is being used for parklets and outdoor dining spaces on the closed portion of Ramona St. that are in the public right-of-way as well as for parklets along University Avenue and its adjacent streets.
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As of Q1 2025 as reported by CoStar, the average rent in the University Avenue (downtown ‘DT’) analysis area is reported at $76 per square foot. On California Avenue, the average rent for Q1 2025 is $59 per square foot. Outdoor spaces will vary in size with some of the larger spaces currently reflecting upwards of 1,000 square feet in the public right-of-way. The table below shows the California Avenue rates with Downtown in grey for reference.
As noted previously, staff expect approximately 11,000 square feet of use with the recommended outdoor activations guidelines. There are currently 20 permitted spaces today.
The Committee recommended consideration of alternative “discount” from the market rent and below provides examples.
A $10.71 per square foot fee would result in approximately $118,000 in annual revenue, or $5,355 for a 500 square foot space.
A 70% discount, or $18 per square foot rate would generate $198,000 in annual revenue, and cost a 500 square foot activation space $9,000 annually. A 50% discount, or $30 per square foot rate would generate $300,000 in annual revenue, and cost a 500 square foot activation space $15,000 annually. No discount, or $59 per square foot rate would generate $649,000 in annual revenue, and cost a 500 square foot activation space $29,500 annually Revenue generated will be dependent on permits requested and vary based on square footage usage. The above are estimates.
Discount Rate/SqFt
320 Sq Ft
(~2 parking spaces,
Parklet size)
500 sq Ft
(approximately 33
additional seats*)
1,000 Sq Ft
(approximately 66
additional seats*)
DT CA DT CA DT CA DT CA
90% $8 $6 $2,560 $1,920 $4,000 $3,000 $8,000 $6,000
80% $15 $12 $4,800 $3,840 $7,500 $6,000 $15,000 $12,000 70% $23 $18 $7,360 $5,760 $11,500 $9,000 $23,000 $18,000 60% $30 $24 $9,600 $7,680 $15,000 $12,000 $30,000 $24,000 50% $38 $30 $12,160 $9,600 $19,000 $15,000 $38,000 $30,000 40% $46 $35 $14,720 $11,200 $23,000 $17,500 $46,000 $35,000 30% $53 $41 $16,960 $13,120 $26,500 $20,500 $53,000 $41,000 20% $61 $47 $19,520 $15,040 $30,500 $23,500 $61,000 $47,000 10% $68 $53 $21,760 $16,960 $34,000 $26,500 $68,000 $53,000 0% $76 $59 $24,320 $18,880 $38,000 $29,500 $76,000 $59,000 *Calculation reflects use of the building code standard of 15 square feet per person Concerns with Building Parklet with Roofs and Permanent Structures At Retail Committee, the question was raised, “Why not allow parklet structures on Cal Ave, as permitted on University Avenue, i.e. with plexi-glass roofs and without enclosure walls, within Item 17
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permitted parklet area limits?” Also raised, by a restauranteur, is their interest to build a permanent outdoor dining structure extending out from their building and onto the public roadway and across the sidewalk. They envision something similar to outdoor dining at Stanford Shopping Center, as it offers the following advantages:
Weather protection from the sun, wind and rain throughout the year, with lighting and heating.
Design consistency with interior restaurant space
One-time merchant investment in long-term, high-quality solution As discussed at Retail Committee, staff does not recommend permitting parklets per existing requirements akin to University Avenue, or permanent structures in the public right of way.
California Avenue has four times higher density of restaurants per fifth of a mile compared to University Avenue. In some locations, there are not enough parking spaces for existing restaurants to have a single parking space parklet. Setting aside the issue of which business could have a parklet, a building to minimum parklet standards, would result in a continuous row of parklets occupying all parallel parking spaces on the south side of the street and most of the diagonal parking spaces on the north side of the street. This would block storefront visibility and impede pedestrian and emergency access. The street will feel narrow and enclosed rather than open and walkable. This would also limit the space available to businesses.
The amount of space permitted for outdoor dining on the roadway, not including the sidewalk, is approximately double what is permitted under the current parklet program. Permitting permanent structures on Cal. Ave. under the outdoor activation program with the current restaurant density would increase the impact on storefront visibility and emergency access.
In either case, parklets or permanent structures, staff recommends not permitting this type of structure for the following reasons:
Utility access: many utilities (water, gas, sewer, stormwater, electrical, other) run beneath the right-of-way and require unimpeded emergency and maintenance access.
Structures impeding access will need to be removed, with associated replacement costs and business disruption.
Fire safety: structures can pose a fire hazard and obstruct fire access. Fire can move from one structure to another, rapidly engulfing the entire street. Restricts storefront visibility: structures would be larger in area and taller than parklets, and there could be several along both sides of the street, blocking visibility of adjacent retail storefronts and reducing the openness of the environment. Building Code requirements: structures require attachment to the roadway, foundation work and plan review by the Building Division, improvements which will increase merchant costs, time delays and conflict with below grade utilities.
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Lease complexity: structures on public property would require long-term leases, requiring analysis of market value and legal restrictions on use of specific property parcels.
Architectural Review: structures will trigger Architectural Review Board oversight, extending timelines and increasing costs.
Removal: Long-term maintenance and removal concerns if a business closes.
The success of this program relies on the interest of merchants to improve their outdoor activation areas based on the design guidance to evolve the street as a whole to be an open and vibrant. As a part of the longer-term design of California Avenue, appropriate locations for structures within the public right-of-way can be more appropriately considered.
Car Free California Avenue Outdoor Activation Program revisions based on Retail Committee feedback
Increase number of permitted signs from one to two, with a limit of one sandwich board Other overhead shelters may be permitted (beyond large format umbrellas and awnings), provided they are not attached to the roadway, are easily and quickly removable for utility access and meet clearance and design requirements. Limit requiring overhead electrical service only to areas with glass mosaic sidewalks.
Implementation Timeline (Tentative)
Staff recommend a phased implementation approach that mirrors the approach used when the ongoing parklet program was implemented. Below outlines an approximate timeline:
JUNE: Council review and approval of outdoor activation guidelines and accompanying resolutions and fees
JULY: Adopted standards go into effect, pre- applications / re-applications would be open and due to the City including associated fees (application and license) AUGUST: Applications accepted and installations without a pre application or application on fill will begin to be enforced for removal. SEPTEMBER/OCTOBER: Transition of outdoor spaces to follow the activation guidelines NOVEMBER: Outdoor activations must be in compliance with new standards Open Container Resolution and Entertainment Zone
The Retail committee expressed a desire and recommended that Council refer to staff further exploration of establishing an Entertainment Zone for the Car Free portion of California Ave.
Recognizing this interest, staff proactively prepared a resolution extending the open container ordinance previously in effect for Third Thursdays that sunset December 2024. Although not an Entertainment Zone, if adopted, could provide allowance for open containers throughout 2025 while the referral for further work on an Entertainment Zone in undertaken by staff.
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FISCAL/RESOURCE IMPACT
The outdoor activation of car-free California Avenue represents a unique environment that will require a higher level of maintenance than currently provided by the City. In addition to the ongoing needs for cleanliness of public spaces, fiscal impacts include staff time to review and process outdoor activation permits, additional costs associated with increased inspections, potential longer-term sewer system maintenance costs, and unknown costs and contributions for public restrooms, including daily operational expenses. Staff time is partially recovered through the existing encroachment permit process
In order to ensure that car-free California Avenue is maintained in a manner consistent with local businesses’ needs and priorities, as well as supporting economic success, some level of coordination and collective support among the businesses is essential. The City will need to continue encouraging stakeholders to work together on issues of collective interest.
STAKEHOLDER ENGAGEMENT
Since February 3, 2025 Council study session, staff has continued outreach, with regular monthly meetings with Merchants, individual meetings with merchants at their businesses, in- person meeting with Evergreen Park Neighborhood Association, tabling 3rd Thursday and Earth Day events, in-person presentation to facilities managers at Stanford Research Park, and in person meetings at the Sunday Farmers’ Market as well as feedback from the Architectural Review Board on March 20, 2025. The chronology of outreach can be found on the Car-Free Streets webpage4.
ENVIRONMENTAL REVIEW
The proposed actions are categorically exempt under CEQA Guidelines Sections 15301 (existing facilities), 15303 (new construction or conversion of small structures), 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment), 15305 (minor alterations in land use limitations), 15311 (accessory structures), and 15323 (normal operations of facilities for public gatherings).
ATTACHMENTS
Attachment A: Car-Free California Avenue Outdoor Activation Program Guidelines Attachment B: Resolution Authorizing Food/Drink and Retail Encroachments on Car Free California Avenue under PAMC Ch. 12.11.
Attachment C: Resolution Authorizing Consumption of Alcoholic Beverages under PAMC
9.04.010 for Third Thursdays in 2025
APPROVED BY: Ed Shikada, City Manager
4 Car-Free Streets: Cal Ave & Ramona Street Webpage:
https://www.paloalto.gov/Departments/Transportation/Transportation-Projects/Car-Free-Streets-Cal-Ave.- Ramona-Street
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Outdoor Activation Program Guidelines
California Avenue Community Street
Outdoor Activation
Permit Requirements and Design Guidance
for Outdoor Dining and Merchandising
➔ City of Palo Alto
➔ Effective starting xx 2025
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Outdoor Activation Program Guidelines
Table of Contents
01. Introduction
02. General Requirements
03. Design Elements
04. Encroachment Permit Application
Car-Free California Ave
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Outdoor Activation Program Guidelines
Introduction
Topics
➔ Purpose
➔ Vision
➔ Objectives
01 3
One Seaport
Boston, Massachusetts
Car-Free California Ave
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Outdoor Activation Program Guidelines
01.1 Purpose
4 The Outdoor Activation Program is an initiative by the City of Palo Alto to transform the car-free section of California Avenue into a vibrant Community Street, supporting local business activity and enhancing the community experience.
01 Introduction
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Outdoor Activation Program Guidelines
01.1 Purpose (continued)
5 The document describes requirements and design
guidance that apply to the commercial to use public
sidewalks and roadway spaces for outdoor dining,
retail and entertainment uses. This document sets
forth the City's expectations for issuing encroachment
permits for the commercial use of portions of the
street to ensure that public spaces remain accessible,
safe, equitable, and well-designed and maintained. It
serves as guidance to businesses, City staff,
designers, and the public to create a welcoming, open,
and attractive community-oriented environment.
01 Introduction
California Ave
Palo Alto, California
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Outdoor Activation Program Guidelines
The vision for Car Free California
Avenue is to be a community-oriented
main street that is an open, car-free
environment that prioritizes community
experience, meaningful social
interaction, and commercial vitality.
01.2 Vision
6 01 Introduction
One Seaport
Boston, Massachusetts
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Outdoor Activation Program Guidelines
01.2 Vision (continued)
7 By removing vehicle traffic and repurposing space
for pedestrian use, the street becomes a welcoming
community hub that invites spontaneous
gatherings, fosters neighborhood identity, and
stimulates economic vitality. Commercial use of
outdoor space supports local businesses, enhances
customer experience, and directly contributes to a
thriving community destination. Activation spaces
extend business activity into the public realm,
creating opportunities for flexible, creative, and
visually cohesive commercial use of the street. Well-
designed activation areas contribute to a lively,
inclusive, and safe atmosphere where residents and
visitors feel a strong sense of belonging.
01 Introduction
Car-Free Montreal
Montreal, Canada
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Outdoor Activation Program Guidelines
01.3 Objectives
8 This document advances
the following objectives:
A. Enhance Customer Experience and Local Business Vitality ○ Create visually appealing, comfortable outdoor spaces that attract and retain customers
○ Support diverse business needs through flexible
activation space configurations
○ Encourage private investment with consistent program
standards and clear expectations
B. Ensure Safety and Accessibility
○ Maintain ADA-compliant pedestrian pathways and
emergency access
○ Use safe, durable, weather-resistant materials for all installations
01 Introduction
C. Advance the Aesthetics and Livability of the Street
○ Promote a unified yet diverse aesthetic that reinforces Cal Ave's unique character
○ Provide aesthetic guidance for design elements to
enhance the overall ambiance of the street
○ Preserve visibility to adjacent storefronts and maintain open sightlines
D. Encourage Adaptive Design
○ Encourage Adaptive Design
○ Promote adaptability to respond to seasonal changes in weather
○ Maintain flexibility of the use of public space
E. Foster Community Connection
○ Promote the activation of street environments to invite shared experiences, events, and informal gatherings
○ Enable Cal Ave to function as a true community
destination and cultural hub
F. Efficient and Equitable Use of Public Space
○ Ensure efficient, equitable outdoor use of public right- of-way
○ Avoid conflict with utilities, infrastructure and public safety features
○ Support of long-term investment in well-managed
outdoor spaces
○ Enable a single, streamlined encroachment permit
process
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Outdoor Activation Program Guidelines
General
Requirements
Topics
➔ Street Zones
➔ Location
➔ Setbacks
➔ Permitted Activities
➔ Operator Responsibilities
02 Broadway Street
Redwood City, California 9
Car-Free California Ave
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Outdoor Activation Program Guidelines
02 General Requirements
02.1 Street Zones
This section describes the location, setback, permitted uses and operational requirements for outdoor activation areas.
The car-free portion of the California Avenue right-of-way consists of five zones, as shown in Figure 2.1.
Frontage
Zone
Pedestrian
Zone
Curbside/Street
Furniture Zone
Access Zone
Area designated for pedestrian,
bicycle, emergency vehicle and
certain service vehicles with
permission.
Sidewalk SidewalkRoadway
Activity Zone
Figure 2.1. Street Zones
10 Activity Zone Frontage
Zone
Pedestrian
Zone
Curbside/Street
Furniture Zone
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Area designated for
pedestrian, bicycle,
emergency vehicle and
certain service vehicles
with permission.
Provides pedestrian,
emergency, and
disabled access to the
building.
02.1 Street Zones (continued)
Extension of the
building with entryways,
recesses, doors,
windows, awnings, and
overhangs that extend
into the street right-of-
way.
Frontage Zone Pedestrian
Zone Access ZoneActivity ZoneCurbside/Street
Furniture Zone
Designated for street
furniture, landscape,
street trees, lighting,
benches, green
infrastructure, utilities,
bicycle parking,
planting, and other
amenities.
Area designated for
outdoor dining, retail
merchandise, and public
space for use, such as
the Farmers’ Market,
events, public art, and
other community,
cultural or public uses to
attract pedestrian
activity to the street.
02 General Requirements
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Outdoor Activation Program Guidelines
Businesses are required to locate their Outdoor Activation space directly in front of the operator’s storefront.
Commercial outdoor activation is permitted in the following three zones as shown in Figure 2.3. Location Map
● Frontage Zone
● Curbside/Street Furniture Zone
● Activity Zone
Outdoor Activation spaces shall not obstruct or
encroach upon the following:
● 8-foot pedestrian through zone on sidewalks
● 22-foot shared zone
● Designated pedestrian paths of travel
● Property Emergency Access Way
● Designated bike lanes
12 02.2 Location
Building Property Line
Building Property Line
02 General Requirements
Figure 2.2. Location Diagram
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Area A Area B
02 General Requirements
Figure 2.3. Location Map
CAL AVE CAL AVE
02.2 Location (continued)
Area A spans between El Camino Real and
Mimosa Lane, and Area B spans from
Mimosa Lane to Birch Street.
Ash St
Birch St
El Camino Real
Cambridge Ave
Sherman Ave
Grant Ave
Mimosa Ln
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Outdoor Activation Program Guidelines 14
02.3 Setbacks
Setbacks are required and define the
permitted area for outdoor activation.
Setbacks apply to all design elements
including – railings, screens, planters,
structures, cantilevered awnings,
umbrellas, or other elements.
02 General Requirements
Smith Street,
Brooklyn, New York
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15 02.3 Setbacks (continued)
Area A
02 General Requirements
Legend
Potential Permitted Zones
Property Emergency Access Way
Min. of 4 feet from each property edge, creating an 8-
foot emergency access zone between adjacent
properties
Fire Hydrant Setback, 15’
Tree Setback, 3’
Drain Setback, 5’
Fire Hydrant Light Post
Setback
Note: Pedestrian Zone can
vary in location on sidewalk,
aligning at the curb or
building front or in between.
However ped zone is to be
consistent across property
frontage, and not by tenant
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02.3 Setbacks (continued)
Area B
02 General Requirements
Match Line
Legend
Potential Permitted Zones
Property Emergency Access Way
Min. of 4 feet from each property edge, creating an 8-
foot emergency access zone between adjacent
properties
Fire Hydrant Setback, 15’
Tree Setback, 3’
Drain Setback, 5’
Fire Hydrant Light Post
Setback
Note: Pedestrian Zone can
vary in location on sidewalk,
aligning at the curb or
building front or in between.
However ped zone is to be
consistent across property
frontage, and not by tenant
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02.3 Setbacks (continued)
For Fire Safety
● Two means of emergency access to and from buildings to the street right of way are required.
● Minimum of 4-feet from each property line, creating an 8- foot emergency accessway between adjacent properties.
● Minimum of 8-feet between structures to allow for
emergency access.
● Structures must not overhang more than 12-inches into the emergency vehicle accessway.
● For multi-tenant buildings, boundary elements can adjoin, provided building setback requirements are met.
For Street Trees
● Maintain a 3-foot clearance from tree trunks or major branches.
● Closer encroachment requires urban forestry approval. ● To protect tree roots, boundary elements may be installed adjacent to tree wells to direct foot traffic away from roots.
For Utilities
No utilities access points shall be covered by the Outdoor Activation space improvements, this includes storm drain catch basins and all telecommunication vaults and manholes. A minimum of 5 linear feet clearance must be maintained between
improvements and any storm drainage feature such as catch basins. Outdoor Activation space improvements must allow access to the catch basin and shall not obstruct the catch basin.
Improvements must not obstruct:
● Public utilities: (e.g., water, gas, wastewater, electric, fiber, streetlight, telecommunication vaults).
● Gas mains or services: (to avoid potential hazards).
● Fire Hydrants: Minimum 15-foot clearance required.
● Manhole Covers: Maintain a 5-foot radius for access.
● Storm Drain Catch Basins: Minimum 5-foot clearance required; outdoor activation area must allow maintenance access.
If improvements to an outdoor activation area conflict with public infrastructure (e.g., signage, benches), applicants must consult Public Works for potential relocation. If relocation isn’t feasible, outdoor activation area must accommodate existing infrastructure.
For Access Zone
Include two foot planter setback in the outdoor activation area, facing the center of the street, along the accessway. Only planters, sandwich boards, hostess stations and ADA ramping up to a platform are permitted. No screens, tables, chairs, umbrellas, furniture, lighting, heaters, etc. are permitted.
02 General Requirements
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Commercial & Non-Commercial Activities
All activity must be contained within the applicant’s
permitted outdoor activation space.
The following commercial and non-commercial activities
are allowed within a permitted outdoor activation space:
● Dining
● Retail
● Community events
● Live music
● Pop-up installations
● Public art
18 02.4 Permitted Activities
02 General Requirements
The Shop
Iowa City, Iowa
12Degree Brewing
Louisville, Colorado
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02.4 Permitted Activities (continued)
For dining, businesses are required to:
● Hours of operation are the same as approved hours for the establishment or per approved Conditional Use Permit.
● Provide all furnishings.
● Tables shall be placed in conformance with the health and safety standards established by Santa Clara County and State of California. ● Be ADA compliant both on the roadway and sidewalk.
● Fire of any kind is prohibited - this includes tea lights or firepits. ● Conditional Use Permit is required for a business to serve alcohol. No amendment to an approved business’ Conditional Use Permit is required to serve alcohol in outdoor activation areas.
● Businesses are required to comply with California Department of Alcoholic Beverage Control (ABC) for licensing and regulation of alcohol service.
Dining
02 General Requirements
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02.4 Permitted Activities (continued)
For retail sales businesses are required to:
● Businesses must leave a minimum of 8’ of unobstructed walkway space for pedestrians.
● All displays must be removed daily. Nothing is permitted overnight.
Retail
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Non-Commercial Activities
Non-commercial activities, such as community events, live music, pop-up installations and public art are permitted and welcomed contributors to vibrant street life.
These uses are:
● Temporary and open to the public
● Not associated with a specific business or private benefit ● May include events hosted by non-profits, cultural
groups, or community members
Non-commercial activations may not require an
encroachment permit but could require other city approvals such as a temporary use permit. Contact the City of Palo Alto for requirements.
21 02.4 Permitted Activities (continued)
02 General Requirements
3rdThursday
California Ave, Palo Alto
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02.4 Permitted Activities (continued)
For live entertainment, businesses are required to:
● Live entertainment will not spill outside of permitted activation space ● Any cords spanning the pedestrian through zone on the sidewalk must be secured to avoid tripping hazards with a cable cover or other ADA accessible cover ● Businesses must comply with the Palo Alto Municipal Code for noise limits.
Entertainment
02 General Requirements
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Outdoor Activation Program Guidelines 23
02.5 Operator Responsibilities
Compliance
● Businesses owners must abide by the guidelines set forth in this document and the terms of their permit.
● If a business does not comply with these guidelines, the city reserves the right to enforce, modify or revoke a permit based on public safety, accessibility, operational conflicts, or other concerns.
Maintenance
● Businesses owners must maintain and upkeep outdoor
activation space. This includes cleaning furnishings daily, removing trash and recycling, replacing damaged lighting or heaters if applicable, and maintaining landscaping.
● Businesses must comply with the city requests to temporarily remove furnishings, such as seating and tables, for city maintenance or special events.
● Business owners are responsible for staying up to-date with permit fees, renewing their license and complying with
standards/guidelines that may be implemented in the future. 02 General Requirements
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Design Elements
Topics
➔ Platforms
➔ Boundary Elements - Planters,
Railings, Sidewalls and Weather Screens
➔ Overhead Shelter
➔ Branding and Signage
➔ Lighting
➔ Heating
➔ Electrical
➔ Trash and Recycling
➔ ADA Accessibility
03 Star Progetti
Modular Perimeter Structure 24
Car-Free California Ave
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03 Design Elements
03.0 Design Elements
Outdoor activation spaces on California Avenue will consist of a range of design elements to create a welcoming, open, visually attractive and safe public environment. Design elements include:
Platforms Boundary Elements
Planters
Boundary Elements
Railings & Partitions
Boundary Elements
Sidewalls and
Weather Screens
Overhead Shelter
Branding & Signage
Lighting Heating Electrical Trash and Recycling ADA Accessibility Item 17
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03 Design Elements
03.0 Design Elements (continued)
This is an example of a possible
configuration of design elements. This
is one of many possible
configurations.
26 Planters
Weather Screens
Overhead Shelter
Furniture
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03.0 Design Elements (continued)
Design Element Applies to All
Activation Areas
Required for
Outdoor Dining Optional
Required for all activation areas
(dining, retail, other)
Required specifically
for outdoor dining
To enhance customer comfort
and year-round usability
3.1 Platforms ✓
3.2.a Boundary Elements - Planters ✓ ✓
3.2.b Boundary Elements - Railings ✓
3.2.c Boundary Elements - Sidewalls and
Weather Screens ✓
3.3 Overhead Shelter ✓
3.4 Branding and Signage ✓
3.5 Lighting ✓ (for evening service)
3.6 Heating ✓
3.7 Electrical ✓
3.8 Trash and Recycling ✓ ✓
3.9 ADA Accessibility ✓ ✓
Design elements are required or optional per the table below. 03 Design Elements
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03.1 Platforms
Platforms are a level, horizontal surface
extending from the sidewalk into the
roadway, bringing the restaurant dining
experience outdoors, providing a stable,
accessible floor surface and protecting
patrons from water runoff on the street.
Applicants can choose whether to make platform
improvements depending on the level of the sidewalk and roadway.
Washington DC Pilot Streatery
Adams Morgan, Washington DC
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Platform Requirements (continued)
1. Layout
a. Be level with the sidewalk
b. Comply with ADA standards
2. Materials
a. Durable, weather-resistant, and safe for pedestrian use b. Constructed with exterior-rated, high-quality materials, including:
■ Natural, durable wood (e.g., redwood, cedar)
■ Preservative-treated wood
■ Light-gauge steel
■ Other engineered materials suitable for exterior conditions c. The floor shall have finish and slip resistance (BH is a minimum of 0.6 coefficient of friction).
3. Structural
a. Support a live load of 100 pounds per square foot.
b. All fastening hardware and fasteners used with preservative treated wood must be made of:
■ Hot-dipped zinc-coated galvanized steel
■ Stainless steel
■ Silicon bronze
■ Copper
4. Edge Conditions
a. Platform must be partially covered with the planters perpendicular to the line of travel.
b. Platform edge along the access way cannot be more than 25% covered
c. For a long platform, railings mounted on the platform are permitted here.
5. Drainage, Ventilation & Rodent Proofing
a. Platform underside must be constructed to allow for seasonal drainage.
b. Adequate cross-ventilation to enable the surface to dry within 12–24 hours.
c. Openings beneath the platform must be screened with corrosion - resistant material with a maximum mesh size of 0.25 inches. d. Platforms must not impede curbside drainage.
■ A minimum clearance of 6.5 inches from the sidewalk curb must be maintained along the platform's entire length.
■ Openings at either end of the platform must be covered with screens to prevent debris accumulation beneath the platform and in the gutter.
e. Closure decking must be removable to allow for under-platform inspections as needed.
f. Platform to be sloped a minimum ⅛ inch per linear foot towards the sidewalk for drainage.
g. Any debris and leaves shall be removed immediately by the permittee to allow free flow of water.
h. Leaves and litter shall not be blown in the street and shall be bagged and placed in the appropriate disposal bin.
i. Refer to drainage detail below for platform attachment to sidewalk. 03 Design Elements
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03.2 Boundary Elements
Planters, Railings and Sidewalls
The commercial use of outdoor space requires boundary
elements to spatially separate outdoor dining areas yet maintain an open, welcoming pedestrian environment.
Boundary elements are not intended to obstruct views to or from dining areas, retail storefronts, bicycle lanes, or pedestrian routes. The openness of the street — visually and acoustically — is essential to fostering a community-
friendly, vibrant environment.
Boundary elements:
● Define and organize active spaces
● Enhance customer comfort for year-round use
● Improve aesthetics for both the business and the street ● Maintain clear, safe circulation routes
● Enhance the overall public realm without enclosing or privatizing public space
03 Design Elements
30 Santana Row
San Jose, California
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Boundary Element Guidelines (continued)
1. For Platforms
For those choosing to install a platform, the following guidelines on boundary elements must be implemented:
a. The edges of the platform shall be enclosed on three sides with planters or railings (only sidewalk open)
b. Boundary elements must ensure visibility to pedestrians and not create a visual barrier.
c. The edge treatment shall be substantially secured to the platform.
2. For Outdoor Dining or Retail Uses
The following table summarizes key differences in boundary requirements between outdoor dining and retail uses on sidewalk and roadway areas.
Outdoor Dining Retail
Activity Seated, longer stays
(eating/drinking)
Browsing, movement
(shopping)
Need for
Boundary
Yes
(defines service area, meet
ABC/alcohol regulations if
serving alcohol, can be
minimal)
Optional
(prioritize openness for
browsing)
Boundary Type Planters
Railings
or partial screens that
suggest an “area” without
fully enclosing
Planters
Movable displays
No fixed railings
Movable screens
Flexibility Moderate
Furniture and fixtures can
remain overnight, no fixed
furniture to sidewalk or
roadway
High
Merchandise can be moved
in/out daily; no overnight
merchandise and furnishings,
maintain flexibility for use of
roadway for Farmers’ Market
and street events
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03.2.a Boundary Elements:
Planters
Planters are a required design element for
all outdoor activation areas. They serve as
buffers, introduce garden planting and
color to enhance the appeal of the street,
and address limited in-ground landscaping.
03 Design Elements
32 Examples of
Preferred Planter
Types
Low, powder coated steel
Modular, movelable, with drought
tolerant planting
Wood planters with aluminum frame
Modular, movelable, with drought
tolerant planting
Wood planter, steel frame
Modular, moveable with integrated
casters, drought tolerant planting
Modular planter with integrated
glass screen
Attached to adjacent buildings
to provide broad coverage and
integration with architecture.
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Planter Requirements (continued)
1. Types
a. Free standing planters of various materials ranging in height from 24” - 3O”.
May be integrated with other boundary elements such as stanchions, railings, or wind screens.
2. Placement
a. Planters are required on sides of outdoor activation zones, perpendicular to the path of travel without blocking pedestrian access, emergency access, or visibility between storefronts.
b. A two foot planter setback is required where outdoor dining faces the center of the street along the accessway.
c. Planters are required a minimum of 25 percent of the frontage facing the center of the street and are optional facing the sidewalk for outdoor dining areas.. Each activation zone must provide a 4’ wide minimum accessible entry from the sidewalk.
3. Specifications
a. Planters must be freestanding, movable, and made of durable, weather - resistant materials
b. Must include planting, with regular maintenance by the business owner c. Not exceed 30 inches in height where creating the boundary of an outdoor dining area
d. Support seasonal planting or drought-tolerant species
4. Material Palette
a. Use high-quality materials such as:
b. Powder-coated metal
c. Fiberglass
d. ceramic
e. Finished wood with weatherproof seal
5. Avoid
a. Bright plastic, untreated wood, DIY containers, concrete or CMU blocks b. No plants shall have thorns, spikes, or sharp edges. c. Poisonous or invasive plants are not permitted.
Planter Design Guidelines
1. Selecting one planter shape, whether round, rectangular, or tapered, and then varying sizes, maintains uniformity of design, and can be arranged to create a layered garden, rather than mix of planter shapes of the same size which can be visually confusing.
2. Utilizing a diversity of plantings can enliven retail areas and support a colorful, active street life.
3. Arranging small, medium, and large planters together in a cluster increases the amount of planting visible at eye level than repetition of one planter size, for retail areas.
4. Coordinated plant palettes (native grasses, succulents, seasonal flowers) can unify the street experience.
Outdoor Dining
1. Planters should define a clear border around dining areas to promote visual harmony
2. Aim for unified planting design — consistent planter types, material palettes, and/or coordinated plant selections along each frontage.
Outdoor Merchandising
1. Planters may be arranged in flexible, clustered groupings to create an open and informal, and not a strictly bounded, environment.
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03.2.b Boundary Elements:
Railings and Partitions
Railings and Partitions can define the
boundary of each outdoor dining area and
adjacent pedestrian and bike path areas.
They are to support safety, maintain
visibility, and foster cohesive streetscape
design. They must meet minimum size,
stability, and accessibility standards
while creating a functional, attractive
urban aesthetic.
Free standing partition / planter
combination
Free standing, powder coated steel
partition with graphic elements
Metal railings affixed to sidewalk
Examples of
Prefered Railing
Types
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Railing & Partition Requirements (continued)
1. Location
a. Permitted to be attached to sidewalks and platform edges b. Not permitted to be attached to roadway
2. Height
a. Maximum of 42 inches
b. Minimum of 36 inches where required for separation or fall prevention
3. Transparency
a. Maintain at least 50% openness above 30 inches to preserve sightlines between the dining area and public realm
4. Stability
a. Modular systems should have interlocking connections or corner bracing
5. Clearances
a. Must not encroach on the 8-foot pedestrian path or ADA-compliant access routes
b. Railings must not obstruct fire hydrants, utility vaults, or emergency access zones
6. Materials
a. Use weather-resistant, durable materials such as:
i. Powder-coated metal (steel, aluminum)
ii. Treated hardwood
iii. Composite or engineered wood
iv. Painted steel cable systems
b. Avoid:
i. Corrugated plastic, fabric barriers, chain link, or unpainted raw wood
c. Finish:
i. Matte or satin, avoiding reflective or mirrored surfaces ii. Use neutral or coordinated colors unless the business is applying branded colors that align with Cal Ave’s design palette. See Appendix page [x] for more information on this.
Railing & Partition Design Guidelines
1. Visual Quality
a. Railings should enhance the architectural character of the building and neighboring storefronts
b. Where possible, integrate planter boxes, branded panels, or integrated signage within the railing system
2. Flexibility & Modularity
a. Modular Systems
■ Freestanding railing systems that can be easily removed, reconfigured, or relocated are encouraged
■ Where multiple businesses share a continuous frontage, systems should align or coordinate across property lines
b. Integrate with other elements
■ Attach to platforms, if present (and not installed resulting in damage to city infrastructure)
■ Combine with planter boxes, lighting elements, or sidewall systems
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03.2.c Boundary Elements:
Sidewalls & Weather Screens
Modular weather screens are to provide
flexible, seasonal weather protection for
dining spaces and preserve the openness,
pedestrian visibility, and access between
the street and storefronts.
Modular screens
Prefabricated modular panels with
glass wind screen
Wood planter with screen
Wood planters integrated glass
screen
Examples of
Prefered Sidewalls
& Weather Screen
Types
03 Design Elements
36 Movable planter
Moveable planter with integrated
glass screen
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Sidewall & Weather Screen Requirements
(continued)
1. Materials
a. Anodized aluminum, tempered glass, or durable composite
2. Transparency
a. Areas above 30 inches must be at least 50% transparent b. Must not block visibility between street and storefronts
3. Height
a. Recommended height 6 feet
b. Maximum height 8 feet
Weather Protection Design Guidelines
1. Wind and Weather Screens:
a. Free-standing panels or movable screens for seasonal wind, rain, or UV protection
2. Adjustable Height Glass Screens:
a. Systems where the upper panel can be raised or lowered based on weather
3. Planter-Integrated Screens:
a. Combined planter/screen units to green the space and buffer weather
4. Materials:
a. Tempered glass
b. Polycarbonate
c. Recycled composite
5. Avoid:
a. Opaque walls
b. Corrugated plastic
c. Patchwork or fabric-based solutions
Weather Protection Design Guidelines (continued)
6. Emphasize visual permeability and natural light
7. Not Allowed
a. Fully opaque walls over 30 inches
b. Temporary fencing, crowd-control barricades
c. Plastic sheeting or tarps as weather protection
d. Do it yourself structures using mixed salvage materials Outdoor Alcohol Service
● If alcoholic beverages are served in the activation space:
○ A physical boundary and signage must be provided to clearly delineate the licensed premises as required by the California Department of Alcoholic Beverage Control (ABC).
○ The boundary may consist of planters, railings, or modular screens and ■ Visibly defines the edge of the dining area
■ Complies with ADA and emergency access standards
■ Maintains openness and transparency above 30 inches
○ Businesses are responsible for maintaining their beverage barriers in good condition and ensuring compliance with all ABC conditions of licensure.
○ Reference: California ABC Premises Expansion Guidelines 03 Design Elements
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03 Design Elements
Example A: minimum allowed
enclosure facing promenade
The boundary condition of an outdoor activation
space can be designed in a variety of ways. These
are a few examples, viewed from the accessway.
Example C: Combination of low
planters and seating / benches with
min. 4’ entry
03.2.d Boundary Examples
Raili
Example B: Free standing partitions
with branding and 4’ min entry
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03.3 Overhead Shelter
To create a comfortable outdoor dining
experience and provide effective weather
protection that shields patrons from sun,
rain, and moderate wind, Cal Ave outdoor
outdoor activation areas may use robust,
high-quality umbrellas and awnings
designed for durability, stability, and
adaptability.
Large-format umbrellas complement dining areas
aesthetically while adhering to safety standards. Building- mounted awnings enhance coverage and visual cohesion,
ensuring a unified, inviting environment.
03 Design Elements
39 Placa Reial
Barcelona, Spain
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Overhead Shelter Requirements (continued)
1. Material Specifications
a. Canopy Fabric:
i. High-grade, solution-dyed acrylic (e.g., Sunbrella, Outdura). ii. UV-resistant, waterproof, mildew-resistant, minimum 9 oz/sq. yd fabric weight.
b. Frame Material:
i. Corrosion-resistant frames (marine-grade aluminum, stainless steel, or fiberglass).
2. Wind and Stability
a. All umbrellas placed in the public right-of-way must be commercial grade, intended for outdoor public and commercial use.
b. Umbrellas are to be free standing and not anchored to the roadway or sidewalk)
c. Wind Performance
i. Umbrellas must be secured in a free standing, weighted base per manufacturer recommendations.
ii. Umbrellas must be rated by the manufacturer to remain stable in wind conditions while open when installed per manufacturer’s instructions.
iii. Umbrellas must be closed and secured during wind conditions per manufacturer’s recommendations.
d. Applicant must submit product specifications and describe base and fastening methods with application.
e. Awnings:
i. Must be securely anchored to building façades.
Overhead Shelter Guidelines
1. Size and Coverage
a. Umbrella Diameter:
i. Typically between 13 to 20 feet.
ii. Fewer, larger umbrellas preferred over many smaller ones. b. Clearance Height:
i. Minimum 7–8 feet from ground to canopy edge when fully opened.
2. Wind and Stability
a. Wind Vents and Reinforced Seams:
i. Double-vented designs encouraged.
3. Weather and UV Protection
a. Waterproof coatings and reinforced seams.
b. UPF 50+ rating for UV protection.
c. Light or reflective canopy colors recommended for heat reduction.
4. Functionality and Flexibility
a. Tilt and Rotation Adjustments:
i. For cantilever umbrellas: 360-degree rotation and adjustable tilt preferred.
b. Ease of Operation:
i. Use crank or pulley systems for opening/closing.
c. Retractability:
i. Retractable awnings encouraged for year-round flexibility. d. Lighting Integration:
i. Ambient or task lighting within umbrellas/awnings (compliant with lighting requirements).
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Cantilever umbrellas
Flexible, unobstructed space
beneath the umbrella, enabling
open seating and multi-table
coverage.
Center-pole (market-style)
umbrellas
Anchored installations with a
central pole that does not obstruct
movement or seating.
Multi-canopy umbrella systems
Multiple canopies on a single frame,
allowing greater coverage and
flexibility for large spaces.
03.3 Overhead Shelter (continued)
Building facade-mounted
retractable awnings
Attached to adjacent buildings
to provide broad coverage and
integration with architecture.
Preferred
Overhead Shelter
Types
The following are allowed
● Cantilever umbrellas
● Center-pole (market-style) umbrellas
● Multi-canopy umbrella systems
● Building facade-mounted retractable awnings
Other overhead shelter types may be permitted provided
that location, setback, clearance and area requirements are met, they are not attached to the roadway, they are easily and quickly removable for utility access, and meet wind and stability requirements.
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03.3 Overhead Shelter (continued)
The following are NOT allowed
● Pop-up tents
● Permanent wood-framed roof structures
● Corrugated plastic or metal roofing materials
● Extending beyond the Outdoor Activation space
Pop-up tent
Customized overhead
shelters of any material or
form
Multi-colored, branded
umbrellas
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Outdoor Activation Program Guidelines
03.4 Branding & Signage
Branding and signage on Cal Ave
activation areas help define the district’s
identity, support business visibility, and
contribute to a cohesive and welcoming
public realm.
03 Design Elements
43 Fort Point Ferry Building
San Francisco, California
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Free-standing signs
Sandwich Boards made of metal
(durable material)
Surface-mounted signs
Branding on 30” boundary elements
(planters or screens)
03.5 Branding & Signage (continued)
Preferred
Branding & Signage
Types
Branding and signage are allowed on the
following locations:
● On Sandwich Boards
● On boundary elements
● Must be located within the Outdoor Activation space
03 Design Elements
44 Partition - mounted signs
Branding on 30” boundary elements
(planters or screens)
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03.5 Branding & Signage (continued)
Do not place signage in
pedestrian through zones
Signage cannot be placed
in streetscape garden
Outside the Outdoor
Activation space
Branding and signage are NOT allowed on
the following locations:
● On umbrellas, awnings, or vertical screens above 36 inches ● painted murals, decals, or wraps on activation area
surfaces
● Pedestrian through zones
● In planters
● Any location outside the designated outdoor activation space
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Outdoor Activation Program Guidelines
03.5 Lighting
Thoughtful, human scale lighting can
improve the comfort, safety, and
appearance of outdoor activation spaces,
and will significantly contribute to the
attractiveness of the street. Applicants
interested in lighting should consider
solar-powered lighting that uses a
rechargeable battery.
03 Design Elements
46 Mill Street
Grass Valley, California
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Umbrellas mounted,
integrated lighting
Umbrellas mounted,
integrated lighting
1 2
03.6 Lighting (continued)
Preferred
Lighting Types
The following are allowed
● Lighting integrated into overhead canopies, umbrellas ● Lighting integrated into furniture, boundary elements ● String lights, wall-mounted downlights, solar or
rechargeable table lamps
03 Design Elements
47 Overhead String Lights
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Outdoor Activation Program Guidelines
Lighting Requirements (continued)
1. Businesses must comply with the following standards, consistent with the City of Palo Alto and California Electrical Code:
2. Lighting is required for outdoor dining areas for food and beverage service in the evening hours.
3. Allowed Fixture Types:
a. LED-only lighting
b. String lights, wall-mounted downlights, solar or rechargeable table lamps
4. All lighting must be rated for exterior use, listed, and carry a product certificate for its intended use by a recognized electrical testing laboratory.
5. Power & Installation:
a. Power must come from a weatherproof GFCI outlet mounted on the building (min. 10 feet above ground)
b. Wiring must follow permanent wiring methods per code and run via a single overhead guide wire
c. No extension cords, power strips, or generator use
d. Electrical equipment must be UL or ETL certified for outdoor commercial use
6. Placement & Output:
a. Lighting must stay within the activation area and not encroach into pedestrian walkways
b. Fixtures must aim downward, with shielding to prevent upward light spill
c. Max output: 100 watts or 1,600 lumens per fixture
d. Lighting shall be of the lowest intensity and energy use adequate for its purpose and be designed to focus illumination downward to avoid excessive illumination above the light fixture with a maximum of 100 watts or 1600 lumens, whichever is greater, per fixture.
7. Permits:
a. An electrical permit is required for all permanent wiring and exterior receptacle installations
b. If installing permanent lighting on the Outdoor Activation space or adding the exterior GFCI receptacle at the building per IV(D)2a, an electrical permit shall be obtained and shall comply with permanent wiring methods as outlined in the adopted California Electrical code.
Lighting Guidelines
To support a comfortable, visually cohesive street experience, businesses are encouraged to:
1. Use ambient lighting for general glow, task lighting for tables, and accent lighting for architectural features or planters
2. Select fixtures that complement storefront architecture and minimize visual clutter
3. Use low-wattage (5–20W) warm LEDs to enhance atmosphere without over- lighting
4. Choose solar-powered or battery-operated lighting where feasible to reduce energy use
5. Incorporate timers, motion sensors, or photocells to automatically turn off lights when not needed
6. Avoid harsh glare near pedestrian or bike paths, and maintain consistent spacing to reduce dark spots
03 Design Elements
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Guidelines
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Outdoor Activation Program Guidelines
Outdoor heating elements may be used to
enhance patron comfort in outdoor
activation areas during cold weather.
Electric and propane (LPG) heaters that meet City of Palo Alto safety, and permitting requirements are permitted. All heaters are to be weather rated, certified for commercial outdoor use and installed according to manufacturer
instructions and applicable fire and electrical codes.
03.6 Heating
03 Design Elements
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Outdoor Activation Program Guidelines
3. Proposed outdoor storage of 20-pound containers requires plan review and inspection.
4. On-site storage of 20-pound propane containers (5 gal) is prohibited indoors.
5. Propane storage is not allowed in the public right-of-way.
6. If businesses do not have an approved private outdoor storage area, all propane containers must be removed from the premises at the close of business every day.
7. LPG Heaters are not permitted on the sidewalk in the pedestrian path of travel
8. LPG heaters cannot be placed underneath overhead canopies, awnings, inside buildings or tents and they must have 5-feet clearance from any flammable materials
9. Any use of a portable heater, portable generator, candles, open flame, or any activity regulated by the Fire code must be approved and permitted by the Palo Alto Fire Department separately from the outdoor activation encroachment permit.
10. A fire extinguisher is required to be mounted within sight and have appropriate signage per the Fire Code.
Heating Requirements (continued)
Electric radiant or infrared heaters:
1. UL-listed, ETL certified, and labeled for outdoor commercial use
2. Located and installed per manufacturer’s instructions and specifications.
3. Meet City installation requirements
a. Comply with the power supply requirements in section IV.D.2. b. Electric heaters must be placed at least 3 feet away from any combustible materials or as required by Manufacturer’s installation instruction, whichever is more restrictive.
c. Mounted securely (8–12 feet above ground if overhead) ■ Ensure adequate airflow, and avoid installation in exposed, high- wind areas
■ Electrical cords must be rated for outdoor use, protected, and must not pose a trip hazard
■ Do not place heaters in pedestrian paths of travel, including on sidewalks or in any required accessible clearance zones d. A fire extinguisher is required to be mounted within sight and have appropriate signage per the Fire Code.
Propane heaters:
1. Permitted with an approved HAZMAT permit and CERS submittal.
2. HAZMAT permit is required for storage and use of liquid propane gas. A site plan with the desired location of each heater is required at time of the hazmat permit application. All storage locations and use areas must be noted in the HAZMAT permit application and approved during fire inspection. A final onsite hazmat inspection will be conducted to ensure the proper spacing of heaters form combustibles and emergency access/egress and storage of LPG.
03 Design Elements
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Guidelines
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Outdoor Activation Program Guidelines
All outdoor heating and lighting systems
must be powered safely and in
compliance with the California Electrical
Code and City of Palo Alto requirements.
Electrical infrastructure must be reviewed as part of the permit process when installing fixed lighting, overhead heating, or building-mounted outlets.
03.7 Electrical
03 Design Elements
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Outdoor Activation Program Guidelines
Electrical Requirements (continued)
1. Power Source
a. Power must originate from a weatherproof GFCI outlet mounted to the exterior of the building
b. Outlet must be installed no lower than 10 feet above the walking surface
c. Power may not be sourced from:
■ City streetlights
■ Tree-mounted wiring
■ Temporary outlets or plugs
2. Wiring and Installation
a. Electrical connections must use permanent wiring methods per California Electrical Code
b. Power must be routed via one overhead guide wire from the building to the outdoor activation area in sidewalk areas with mosaic glass c. No cords may run along or under the sidewalk
d. No extension cords or power strips are permitted
e. Power cords between the building and the Outdoor Activation space shall be secured to one (1) single overhead guide wire between the building and the Outdoor Activation space structure.
f. Portable generators are prohibited for any outdoor activation use
3. Permitting
a. An electrical permit is required for:
■ Installation of any new building-mounted exterior outlet ■ Permanent lighting or fixed heating systems
4. All equipment must be:
a. UL or ETL certified
b. Rated for outdoor commercial use
5. Not allowed
a. Televisions are not permitted.
b. Amplified is not permitted on Outdoor Activation spaces. Any ambient sound may only originate from the interior of the business’s occupied building.
03 Design Elements
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Attachment A - Car-Free California
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Guidelines
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Outdoor Activation Program Guidelines
Clean and well-managed outdoor spaces
are essential to maintaining public health,
supporting sustainability, and enhancing
the visual character of California Avenue.
All businesses participating in the Outdoor Activation
Program are responsible for proper waste management in
compliance with the City’s Zero Waste Palo Alto Ordinance and local solid waste sorting requirements.
03.8 Waste Management
03 Design Elements
53 Retrograde and Sunshine Cafe
Sebastopol, California
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Outdoor Activation Program Guidelines
Waste Management Requirements (continued)
1. Keep outdoor activation area and adjacent sidewalks free of litter, food waste, and stains
2. Clean surfaces daily, and power wash at least once per month
3. Prevent debris and liquids from entering storm drains or accumulating near planters or barriers
4. Maintain clear access to drainage grates and public
infrastructure
5. Comply with Palo Alto’s solid waste ordinance and support citywide zero waste goals:
6. Provide clearly labeled and color-coded containers for:
○ Recycling (blue-tinted liners)
○ Compost (green compostable liners)
○ Landfill (clear liners)
7. Containers must be:
○ Easily accessible to customers and staff
○ Routinely emptied and cleaned
○ Kept in a location that does not obstruct pedestrian
paths
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Outdoor Activation Program Guidelines
Individual containers
Clearly defined trash, recycling
and compost bins.
Combined unit
Trash, compost and recycling bins
in a single unit.
03.8 Waste Management (continued)
Preferred
Trash & Recycling
Types
The following are allowed
● Individual Containers
● Combined Unit
03 Design Elements
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Guidelines
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Outdoor Activation Program Guidelines
03.9 Accessibility
All outdoor activation areas are required
to be accessible and usable by people
with disabilities.
All accessibility features are to be designed and
constructed to conform to the requirements of the
Americans with Disability Act accessibility guidelines and standards. Compliance with the ADA can include a surface flushed with the sidewalk or an outdoor activation space that provides an ADA compliant ramp, railing, landing, and associated eating and drinking facilities.
03 Design Elements
56 Sunday to Sunday
Manhattan, New York
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Outdoor Activation Program Guidelines
Accessibility Requirements (continued)
1. Flush with Sidewalk Outdoor Activation:
a. The surface of the Outdoor Activation space platform must be flush with the adjacent sidewalk with a maximum gap of one quarter inch and one quarter inch vertical tolerance.
b. A minimum 4-foot wide accessible path of travel and 5-foot diameter turnaround space must be maintained within the Outdoor Activation space.
c. Any abrupt changes in elevation exceeding 4 inches along an accessible path of travel shall be identified by 6-inch tall warning curbs.
2. Depressed or Elevated Outdoor Activation:
a. If a ramp is required for access to the outdoor activation area or a portion thereof, it shall comply with all accessibility ramp provisions.
3. Seating
a. Any seating and dining must comply with the applicable accessibility requirements outlined in the adopted California Building Code. The establishment shall provide 5 percent accessible seating for each type of seating provided (table, booth, etc.) or a minimum of one seat per type, whichever is greater, in an outdoor seating area where the slope is no greater than 2 percent in any direction.
b. Such ADA accessible seating shall be of the same size and appearance as the establishment’s other outdoor seating.
c. Refer to Section [ ] for additional accessibility requirements (WIP) d. See Appendix [ ] for standards. (WIP)
03 Design Elements
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Guidelines
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Outdoor Activation Program Guidelines
Encroachment
Permit Application
Topics
➔ Permit Process
➔ Submittal Requirements
➔ Extension Beyond Establishment
➔ Removing an Outdoor Activation Area
➔ Outdoor Activation Area Fee
04 58
Car-Free California Ave
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Guidelines
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Outdoor Activation Program Guidelines
04.1 Permit Process
04 Encroachment Permit Application
The Outdoor Activation Program is effective
(date) through (date)
Please see [ ] for permitting process.
➔ Any applicant seeking to install a Outdoor Activation space in the public right-of-way in the City of Palo Alto must apply for and receive a valid Encroachment Permit before beginning construction of the Outdoor Activation space. The permit application will be reviewed by the Department of Public Works and other relevant City departments, prior to approval. ➔ The Department of Public Works shall be an applicant’s primary point of contact.
➔ Construction of a Outdoor Activation space cannot begin until a permit application has been approved and the permit issued to the applicant. If work begins prior to approved application, the Outdoor Activation space materials will be removed and the applicant will be fined.
➔ Prior to serving patrons and otherwise operating the Outdoor Activation space, the Outdoor Activation space must be
inspected by the Department of Publics Works and approved for use.
➔ An eligible establishment with a valid Encroachment Permit may construct and operate a Outdoor Activation space
subject to the standards and requirements contained in this document, applicable sections of the Palo Alto Municipal Code (PAMC), other documents associated by reference, and other documents declared relevant by the Director of Public Works and his or her designee.
59 Item 17
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Outdoor Activation Program Guidelines
04.2 Submittal Requirements
04 Encroachment Permit Application
Site Plan
➔ Site plan shall be drawn to scale on 11 x17 tabloid paper, include all pertinent dimensions and the following
information:
◆ Location of the business frontage
◆ Dimensions of the outdoor activation area
◆ ADA accessibility measurements
◆ Setbacks from adjacent property lines and the
accessway
◆ Location of public utilities including any manhole
covers, gutter drains, fire hydrants, and FDCs, light
poles, etc. and their distances to the outdoor activation area and proposed improvements
◆ Any adjacent installations on the sidewalk including
utility boxes, street signs, bike racks, street furniture, street trees, tree wells, etc. and their distances to the outdoor activation area and proposed improvements
◆ Crosswalks, bus stops, driveways and their distances to the outdoor activation area and proposed
improvements
◆ Width of sidewalk
60 ◆ Planters
◆ Locations and extent of affected neighbors and their
adjacent businesses
Floor Plan
➔ Floor Plan of the proposed outdoor activation area showing the following information:
➔ Total number and location of tables and seats and/or
benches
➔ Dimensions of tables, seats, and benches and other furniture Elevations
➔ Elevation drawing showing the following information:
➔ Height and design of any platform, railings and/or boundary elements
➔ Heating, lighting, other electrical equipment
➔ Power connection (show distance from ground to overhead wire)
➔ Storm water drainage
➔ Cross-section drawing of outdoor activation area
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04 Encroachment Permit Application
Construction Drawings showing the following
information:
➔ Structural drawings (platform, railings, electrical poles) ➔ Structural calculations
➔ Heating, lighting, other electrical equipment
➔ Electrical power connection/source
Pictures of Existing Conditions
➔ The application should include at least three photos
showing existing public right-of-way for the proposed
outdoor activation area, including the proposed sidewalk and roadway area to converted into an outdoor activation area, adjacent sidewalk and store frontage of the proposed business and adjacent store frontages
List of Materials and Equipment
➔ Materials palette showing the following information:
◆ Proposed materials for platform
◆ Proposed materials for railings/enclosures
◆ Equipment sheet including image of equipment
61 Outdoor Activation Information
➔ Proposed use
➔ Business hours of
operation
➔ Architect/Engineer/Construction firm contact (if
applicable)
Business Information
➔ Address
Business Owner Information
➔ xx
04.2 Submittal Requirements (continued)
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04 Encroachment Permit Application
Property Owner Information (if different from
applicant)
➔ xx
Insurance Documents
➔ Letter(s) of Consent – An outdoor activation applicant must get a letter of consent from neighboring ground-
floor tenant(s) if their activation space is to extend
beyond their storefront (see 04.2 extension beyond
establishment)
Indemnity Acknowledgement
➔ xx
62 04.2 Submittal Requirements (continued)
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04.3 Extension Beyond Establishment
Outdoor Activation areas may extend beyond
the applicant’s store front with a letter of
consent from neighboring ground-floor
tenants. If an outdoor activation area extends
in front of neighboring storefront(s) or
proposes to extend in front of neighboring
storefront(s), written notice will be sent to
the affected neighbor(s) at the time of permit
application and annual renewal. The business
adjacent to the affected neighbor(s) will also
receive notices.
➔ If the neighboring ground-floor property is vacant, then the letter of consent is not required for the duration of the permit. Outdoor activation sponsor must obtain an up-to-date letter of consent for any future license renewals as requested by Public Works during future permit renewal processes. ➔ If Outdoor activation sponsor cannot obtain an up-to-date letter of consent, or if the outdoor activation space occupancy in not in accordance with the terms of any applicable law, these regulations, and/or any permit requirement, the outdoor activation sponsor is responsible for the removal of any structure on the outdoor activation permit extending into a neighboring frontage within 90-days. ➔ If the affected neighbor(s) or adjacent business wish to claim the same space for their own outdoor activation area, they must notify the city in writing within 30 days of the notice.
➔ If a competing claim for the space from the adjacent business is confirmed, the affected neighbor has priority over the space. However, an outdoor activation area permit application must be submitted by the affected neighbor within 60 days of the first notice to claim the space.
➔ If a competing claim for the space from the adjacent business is confirmed, and the affected business does not claim the space, the adjacent business and original outdoor activation area permittee shall split the space. ➔ The Space shall be split from the centerline.
➔ If applicable, an outdoor activation area sponsor must remove and/or alter their outdoor activation area (applying for applicable permits) within 90 days of receiving notice of a competing claim for the space(s). 04 Encroachment Permit Application
63 Item 17
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Guidelines
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Outdoor Activation Program Guidelines
04.4 Removing an Outdoor Activation Area
If for some reason the Outdoor Activation
sponsor decides they no longer want to
maintain an Outdoor Activation space, the
sponsor is responsible for notifying the City
and removing it at the sponsors’ own
expense. Immediately upon removal the
Outdoor Activation area shall be cleaned and
restored to its previous condition to the
satisfaction of the City.
➔ Failure to Maintain an Outdoor Activation: Sponsor who fails to properly and sufficiently maintain the cleanliness, safety, and accessibility of their space may be subject to violations and fines. If maintenance issues are not resolved, the City may revoke the encroachment permit and the sponsor may be required by the City to remove the Outdoor Activation space at their own expense.
➔ Utility Maintenance & Public Safety: Because an Outdoor Activation space may sit atop buried utilities, there may be instances where it will need to be removed to access, clean, maintain, repair or other action to the utilities beneath it. In the event of necessary utility maintenance or the unlikely event of a utility failure such as a gas leak or water main break that threatens public safety, the City may request the sponsor to move a platform or other improvement, or the City or utility owner may remove improvements with little or no notice. The sponsors are responsible for the cost of reinstalling and restoring any damage to the Outdoor Activation space. In instances of advanced notice (such as street repaving, planned maintenance, etc.), the sponsor may need to remove and reinstall the Outdoor Activation space at their sole expense. If the sponsor cannot remove the space, the City will remove it for them. Sponsor accepts street repairs may occur at anytime and may involve heavy construction work, noise and related disruptions, for which the City or utility owner is not responsible for any impact of inconvenience.
04 Encroachment Permit Application
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Guidelines
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Outdoor Activation Program Guidelines
04.5 Outdoor Activation Area Fees
Outdoor Activation spaces are subject to the
following fees outlined in the City’s Fee
Schedule.
➔ Permit Application Fee
➔ Deposit Fee (refundable). This deposit will be used to cover the cost of restoring the right-of-way to its original
condition if not done so by the permittee. This includes, but is not limited to, the following:
● Removing the Outdoor Activation space structure
● Removing bolts in the curb and the right-of-way
and filling in holes
● Removing exposed wiring
● Repairing damage to the sidewalk
● Removing construction debris and/or garbage
● Parking or traffic control striping
● Wheel stop removal or reinstallation
➔ Permit Renewal Fee
➔ Annual License Fee
◆ This fee will be charged per square foot based on the total Outdoor Activation space platform area
04 Encroachment Permit Application
65 Item 17
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Guidelines
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NOT YET APPROVED Attachment B
134_20250529_ts24 1
Resolution No. _____
Resolution of the Council of the City of Palo Alto Allowing Eating/Drinking and Retail Parklets (as Defined in Palo Alto Municipal Code Ch. 12.11) on the Car Free Portion of California Avenue
R E C I T A L S
A. Palo Alto Municipal Code Chapter 12.11 allows the City Council to designate which areas of the City to allow “ parklets,” which is defined by PAMC section
12.11.010(a).
B. Through this Resolution, the City Council now intends to allow parklets on the car-free portion of California Avenue.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. Findings and Declarations . The Council hereby adopts the above Recitals as findings of the Council.
SECTION 2. Designated Area. The Council hereby designates the section of California Avenue between El Camino Real and Birch Street (“Designated Area”) as eligible for parklets pursuant to PAMC section 12.11.040. The permissible uses in this Designated Area are: (1) eating and drinking service; and (2) retail service. The Director of Public Works may promulgate regulations specific to this Designated Area under the authority granted in PAMC section 12.11.050.
SECTION 3. No Rights Granted. This Resolution does not create any right in any specific person or corporate entity to a parklet, parklet permit, or to create a parklet in a specific location within the area detailed in Section 2.
SECTION 4. CEQA. The Council finds that this Resolution is categorically exempt from CEQA under CEQA Guidelines Sections 15301 (existing facilities), 15303 (new construction or conversion of small structures), 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment), 15305 (minor alterations in land use limitations), 15311 (accessory structures), and 15323 (normal operations of facilities for public gatherings).
//
//
Item 17
Attachment B -
Resolution Authorizing
FoodDrink and Retail
Encroachments on Car
Free California Avenue
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NOT YET APPROVED Attachment B
134_20250529_ts24 2
SECTION 5. This Resolution shall be effective upon adoption. The City Manager may temporarily suspend (or partially suspend) the enforcement of PAMC Ch. 12.11 and its regulations as to the Designated Area in order to allow existing and new permittees to come into compliance.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________ Assistant City Attorney City Manager
_____________________________
Director of Public Works
Item 17
Attachment B -
Resolution Authorizing
FoodDrink and Retail
Encroachments on Car
Free California Avenue
Item 17: Staff Report
Pg.
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NOT YET APPROVED Attachment C
135_20250529_ts24 1
Resolution No. _____
Resolution of the Council of the City of Palo Alto to Authorize Consumption of Alcoholic Beverages under PAMC 9.04.010 for Third Thursdays on California Avenue in 2025
R E C I T A L S
A. Palo Alto Municipal Code (PAMC) section 9.04.010 makes it unlawful to consume any alcoholic beverage upon any street, sidewalk, highway or alley except as may be authorized by the City Council.
B. Through this Resolution, the City Council desires to authorize such consumption for a temporary period in conjunction with the Third Thursday street music festival events on the section of California Avenue closed to vehicular traffic.
NOW, THEREFORE, the Council of the City of Palo Alto does RESOLVE as follows:
SECTION 1. The City Council hereby authorizes the consumption of alcoholic beverages under PAMC section 9.04.010 upon the section of California Avenue between El Camino Real and Birch Street that is closed to traffic (the ‘designated area’) between the hours of 4:30 pm to 10:00 pm on the third Thursday of each month throughout 2025 only when the Third Thursday street festival event occurs. The City Manager may change these dates and times of this authorization in case any Third Thursday street festival date is rescheduled.
SECTION 2. This authorization is subject to any conditions, regulations, or limits imposed by the City through its City Manager, any City Department, or any relevant law, permit, or condition. The City Manager may promulgate regulations of such consumption in order to ensure public safety, health, and welfare , including but not limited to regulations regarding staffing, security and law enforcement requirements, refuse/trash/recycling, and bathrooms . The City Manager is authorized to further limit the de signated area and time duration than that allowed in Section 1 if necessary to ensure public safety, health, and welfare.
SECTION 3. This Resolution’s authority is limited to that which is granted under PAMC section 9.04.010. It does not authorize any event generally, nor does it grant or waive any other generally applicable requirements under law, regulation, or permit condition. It does not curtail or supersede any other applicable law, regulation, permit, or condition. It does not limit the ability of the City to issue or enforce any permit conditions that limit or forbid alcohol sales or consumption in the designated area under other laws or regulations. It does not create any right or vested interest in any person or business to sell alcoholic beverages. It does not prevent law enforcement from enforcing any provision of state law or the Palo Alto Municipal Code besides PAMC section 9.04.010 during the dates and times specified above. This Resolution shall not be interpreted to conflict with any state law, regulation, or permit condition imposed by the State of California’s Department of Alcoholic Beverage Control.
Item 17
Attachment C - Resolution
Authorizing Consumption
of Alcoholic Beverages
under PAMC 9.04.010 for
Third Thursdays in 2025
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NOT YET APPROVED Attachment C
135_20250529_ts24 2
SECTION 4. Environmental Review. The Council finds that this Resolution is categorically exempt under CEQA Guidelines Sections 15301 (existing facilities) ; 15304(e) (minor temporary use of land having negligible or no permanent effects on the environment) ; 15305 (minor alterations in land use limitations); and 15323 (normal operations of facilities for public gatherings).
SECTION 5. Effective Date and Sunset. This Resolution shall be effective immediately upon adoption and shall automatically sunset on December 31, 2025.
INTRODUCED AND PASSED:
AYES:
NOES:
ABSENT:
ABSTENTIONS:
ATTEST:
__________________________ _____________________________ City Clerk Mayor
APPROVED AS TO FORM: APPROVED:
__________________________ _____________________________ Assistant City Attorney City Manager
Item 17
Attachment C - Resolution
Authorizing Consumption
of Alcoholic Beverages
under PAMC 9.04.010 for
Third Thursdays in 2025
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Planning and Development Services
Meeting Date: June 9, 2025
Report #:2504-4568
TITLE
Accessory Dwelling Unit (ADU) - 2025 Quarter 1 (January - March 2025) Report
RECOMMENDATION
This is an informational report, and no action is required.
ANALYSIS
This report transmits information related to application activity for accessory dwelling units (ADU), including junior accessory dwelling units (JADU) for the first quarter of calendar year 2025. Since 2015, the City has received 842 ADU/JADU building permit applications and issued 654 building permits. While 40 percent of the remaining un-issued applications are considered abandoned, 60 percent of the applications were submitted in 2024 or later and are still in review and/or pending a resubmittal from the applicant. In the first quarter of 2025, the City received 42 new applications, issued 30 ADU/JADU permits and provided an approved Final Inspection on 36 ADU/JADU permits. As it relates to the Housing Element, the data continues to support the anticipated housing unit production expected from ADU/JADUs for the current Housing Element cycle, which is an average of 64 units per year over the eight-year planning period or a total of 512 units. Between 2023 and March 2025, the City has issued 282 ADU/JADU building permits.
In Q1 of 2025, the ADU sizes of open applications in this period range from 200 to 997 square feet, with an average size of 579 square feet. Approximately 38% of applications are located north of Oregon Expressway, and 62% are located south of Oregon Expressway. Since 2017, the majority of ADU/JADU permits relative to the Oregon Expressway has shifted between north and south from year to year. Further details can be found in Table 1 of Attachment A.
FISCAL/RESOURCE IMPACT
This action has no fiscal impact.
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ATTACHMENTS
Attachment A: Q1 2025 ADU Data
APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item A
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Table 1: Summary of ADU Permits from 2015-2025
Category 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Q1 New ADU Applications
Filed1 10 9 28 55 75 78 136 151 122 136 42
Permits: Ready to Issue
(City Approved)2 8 5 12 39 62 46 112 127 135 131 29
Permits: Issued (Permit
Obtained)3 8 5 12 36 62 43 89 120
125 124 30
Permits: Final Inspection
Approved4 3 4 9 12 33 46 37 62 101 105 36
Permits Expired 1 1 1 6 2
Detached ADUs
(Submitted)5 20 35 52 52 80 80 48 53 19
Detached ADUs (Issued)5 8 24 41 33 55 64 57 48 9
Attached ADUs
(Submitted)6 8 20 23 20 56 44 43 47 12
Attached ADUs (Issued)6 4 11 21 9 34 32 40 52 12
Junior ADUs (Submitted)7 1 1 1 25 27 31 36 11
Junior ADUs (Issued)7 1 1 1 9 24 28 24 9
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Category 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 2025 Q1 Average Application
Processing Time (Days
Including Weekends)8
127 214 118 183 135 197 162 193 187 193 189
Average Construction
Time (Days Including
Weekends)9
578 751 330 287 173 262 455 431 496 519 481
City Impact Fees
Collected for New
ADUs10
$451,514 $402,012 $198,962 $44,057 $139,592 $540,453
$487,322 $498,101 $79,461
ADU Size Smallest 150 SF 159 SF 220 SF 208 SF 178 SF 192 SF 227 SF 165 SF 200 SF ADU Size Largest 900 SF 900 SF 1,031 SF 1,000 SF 1,218 SF 2,217 SF 1,000 SF 1,000 SF 997 SF Average ADU Size 470 SF 469 SF 383 SF 518 SF 550 SF 589 SF 571 SF 558 SF 579 SF
ADU Location
Relative to
Oregon
Expressway
North 46% 49% 52% 55% 49% 52% 41% 44% 38%
South 54% 51% 48% 45% 51% 48% 59% 56% 62%
Source: City of Palo Alto Accela Data January 2015 through March 2025
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Notes:
1. Any ADU/JADU Application SUBMITTED for the year
2. Any ADU/JADU application Permit 'READY TO Issue' for the year (regardless of when it was submitted)
3. Any ADU/JADU Permit ISSUED for the year (regardless of when it was submitted)
4. Any ADU/JADU Permit receiving a Final Inspection (Ready to Occupy) for the year, regardless of when the application wassubmitted. Years 2015-2017 data point not available.
5. Any Detached ADU Permit Application submitted for the year/Any Detached ADU Permit Issued for the year, regardless of when the application was submitted. Years 2015-2016 data point not available.
6. Any Attached ADU Permit Application submitted for the year/Any Attached ADU Permit Issued for the year, regardless of when the application was submitted. Years 2015-2016 data point not available.
7. Any JADU Permit Application submitted for the year/Any JADU Permit Issued for the year, regardless of when the application was submitted. Years 2015- 2016 data point not available.
8. Average number of days from permit application submittal to when permit is approved and ready to issue. This average includes weekends and days application is pending due to applicant preparation of resubmittal or additional information from applicant.
9. Average number of days from permit issued to final inspection completed. This average includes weekends and days staff is waiting for applicant to schedule the next required inspection; it also includes time related to the construction of a primary residence when the J/ADU is built at the same time.
10. Impact Fees collected for ADU’s permitted for the year. Years 2015-2016 data point not available.
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Q1 2025 ADU/JADUs Submitted New Construction Conversion Type of Conversion # of
Apps
Dwelling
Type
Project
Location
Zoning
District
Date
Filed Application Status Attached Detached Attached Detached Garage Other
Acc.
Structure
or Space
# of
bdrms
ADU
Size
1 JADU North R-1 2/5/25 Pending
Resubmittal
x 1 286
2 JADU South R-1 2/25/25 Pending
Resubmittal
x 1 499
3 JADU South R-1 2/11/25 Pending
Resubmittal
x 0 389
4 JADU South R-1 1/7/25 Pending
Resubmittal
x x 1 200
5 JADU South R-1 (S) 1/14/25 In Plan Check x x 1 493 6 JADU South R-1 (S) 3/11/25 Pending
Resubmittal
x x 1 395
7 JADU South R-1 2/20/25 Pending
Resubmittal
x x 0 230
8 JADU North R-1 1/27/25 Pending
Resubmittal
x 1 265
9 JADU South R-1 2/20/25 In Plan Check x x 0 293 10 ADU South R-1 2/25/25 Pending
Resubmittal
x 1 748
11 ADU North R-1 1/28/25 Pending
Resubmittal
x x 2 944
12 ADU North R-1
(10000)
2/11/25 Pending
Resubmittal
x 0 787
13 ADU South R-1
(8000)
1/30/25 Pending
Resubmittal
x 2 800
14 ADU South R-1
(8000)
2/20/25 Pending
Resubmittal
x 2 781
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Q1 2025 ADU/JADUs Submitted New Construction Conversion Type of Conversion # of
Apps
Dwelling
Type
Project
Location
Zoning
District
Date
Filed Application Status Attached Detached Attached Detached Garage Other
Acc.
Structure
or Space
# of
bdrms
ADU
Size
15 ADU South R-1 2/20/25 Pending
Resubmittal
x x 2 400
16 ADU South R-1 2/10/25 In Plan Check x x 1 825 17 ADU South R-1
(8000)
1/10/25 In Plan Check x 2 728
18 ADU South RM-15 2/12/25 Pending
Resubmittal
x x 2 680
19 ADU South R-1 2/12/25 Pending
Resubmittal
x 1 560
20 ADU North R-1
(10000)
2/3/25 Pending
Resubmittal
x 1 718
21 ADU North R-1 1/30/25 Pending
Resubmittal
x 1 647
22 ADU North R-1 2/18/25 Pending
Resubmittal
x 1 430
23 ADU North R-1 3/5/25 Pending
Resubmittal
x x 1 453
24 ADU South R-1 2/21/25 Pending
Resubmittal
x 1 545
25 ADU South R-1
(7000)
1/28/25 Pending
Resubmittal
x 1 558
26 ADU North R-1 1/13/25 In Plan Check x 1 517 27 ADU North R-1 (S) 2/4/25 Incomplete x 2 799 28 ADU South R-1 2/6/25 Pending
Resubmittal
x 2 745
29 ADU North R-1 2/24/25 Pending
Resubmittal
x 1 747
30 ADU South R-1 3/13/25 In Plan Check x 1 796
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Q1 2025 ADU/JADUs Submitted New Construction Conversion Type of Conversion # of
Apps
Dwelling
Type
Project
Location
Zoning
District
Date
Filed Application Status Attached Detached Attached Detached Garage Other
Acc.
Structure
or Space
# of
bdrms
ADU
Size
31 ADU South R-1
(8000)(S)
3/27/25 In Plan Check x 1 750
32 ADU North R-1 3/18/25 Submitted x 0 826
33 ADU North R-1 3/27/25 In Plan Check x 0 667 34 ADU South R-1 (8000) 3/19/25 In Plan Check x 2 997 35 ADU South R-1 (8000) 3/20/25 In Plan Check x 1 527 36 ADU South R-1 3/31/25 In Plan Check x x 0 308 37 ADU North R-1 3/17/25 In Plan Check x x 0 380 38 JADU North R-1
(10000)
3/31/25 Submitted x 0 407
39 ADU North R-1 3/19/25 In Plan Check x 0 800 40 JADU South R-1 3/19/25 In Plan Check x 0 288 41 JADU South R-1 3/31/25 In Plan Check x 0 420 42 JADU South R-1 3/19/25 In Plan Check x 2 700
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Office of Emergency Services
Meeting Date: June 9, 2025
Report #:2505-4646
TITLE
Community Wildfire Protection Plan / Foothills Fire Management Plan Update 2025; CEQA status – categorically exempt.
RECOMMENDATION
This staff report is for information only. The Community Wildfire Protection Plan / Foothills Fire Management Plan Update 2025 is being provided for public awareness that it is now available in its completed state as a public facing document. This project is in alignment with the City Council 2025 Priorities: “Public Safety, Wellness & Belonging.”
BACKGROUND
The City developed a Foothills Fire Management Plan (FFMP) in 1982 that provides the planning framework for fire control activities for the City and the Palo Alto Foothills Area which comprises the predominant wildland urban interface (WUI) area for the community. This plan addresses a broad range of integrated activities and planning documents to address and mitigate the impacts of fire hazards in the area west of Foothills Expressway to the City limits of Palo Alto. The City has updated this plan three times: in 1997, 2009, and 2017. City of Palo Alto Staff Report #8030 (10/16/2017) includes an overview of this process.1 Also in 2017, the Santa Clara County Fire Department developed a multi-jurisdictional Community Wildfire Protection Plan (CWPP) to establish strategic goals for these more detailed community level fire-planning efforts. This included a Palo Alto jurisdictional annex that accompanied this plan, but apart from the FFMP.
During the County’s substantive 2023 CWPP update process, the City made the decision to integrate the FFMP with the CWPP to provide one wildfire management plan for the 1 https://portal.laserfiche.com/Portal/DocView.aspx?id=50811&repo=r-704298fc&searchid=d0b0cc2a-8987-4531- 9392-20aa5e61d742
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community which addresses the long-standing history of the FFMP while meeting the best management practices of the CWPP format.
This item is one of a series of items being brough forward on the topic of wildfire preparedness.2
•The Finance Committee has discussed and made recommendation on Fire Department staffing levels as part of the FY 2026 Budget process. •The City Auditor submitted and the Policy & Services Committee unanimously recommended City Council approval of the audit3 which will be brought forward for Council approval on consent.
•In addition, the Utilities Advisory Commission is scheduled to review the utilities Wildfire Mitigation Plan at its June 4, 2025 meeting4.
ANALYSIS
The City contracted with Wildfire Management Resource Group to assist the City in the integration of the two separate plans as well as a comprehensive update of each at the same time. To do this the contractor followed a detailed plan of action over ten months to collect data from site visits, staff interviews and a public meeting; hold discussions with Santa Clara County Fire Safe Council CWPP members; attend scheduled meetings to coordinate planning tasks; sub-task an environmental review; and refine information and content into the agreed upon formats.
This 2025 Update includes these primary components:
•Describes the planning environment
•Discusses actions taken since the previous update
•Provides an updated wildfire risk hazard assessment
•Recommends new fuel treatment actions
•Includes public education and outreach efforts
•Lists wildfire mitigation projects the City will endeavor to complete •Identifies vegetation treatment standards and methods
2 News Story: Wildfire Preparedness Public Discussion, April 28, 2025, https://www.paloalto.gov/News- Articles/City-Manager/Palo-Alto-Begins-Wildfire-Preparedness-Public-Discussions 3 Policy & Services Committee Meeting 4/8/2025 Staff Report #2410-3635:
https://portal.laserfiche.com/Portal/DocView.aspx?id=161145&repo=r-704298fc 4 Utilities Advisory Commission Meeting 6/4/2025 Staff Report #2501-4077:
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The City will add the finalized plan as a jurisdictional annex to the Santa Clara County CWPP, available on their website at https://www.sccfd.org/santa-clara-county-community- wildfire-protection-plan/
The Healthy Forest Restoration Act of 2003 recommends the implementation of wildfire protection plans for communities that have a wildfire threat. In compliance with this Act, three signatures are required on the plan from applicable local government, the local fire department, and the state entity responsible for forestry. For this plan the signatories will include the City of Palo Alto City Manager, the Palo Alto Fire Department Chief, the Local CalFire Unit Chief, and an additional signatory of the City of Palo Alto OES Chief. If any signatures are still outstanding as of the date of this Council meeting, staff will include a revised signature page subsequently, but that does not necessitate any further Council review.
FISCAL/RESOURCE IMPACT
The projects listed in the CWPP/FFMP will require funding from various sources to implement.
Please refer to Section 19 “Mitigation Projects and Prioritizations” for the complete list.
Generally, there are projects to reduce “fuels” (flammable vegetation and other materials) in certain zones based on life safety and ecological factors. Several projects do not occur annually, so will incur expenses when the respective target dates approach. The annual budget provides funding for ongoing seasonal activities that are performed and for specific project work which usually requires contract labor in the General Fund or capital improvement fund. Staff continually look for grants or other sources of funding to increase the kinds of work that can be accomplished in any one year. Further fiscal information can be found in the CWPP/FFMP.
STAKEHOLDER ENGAGEMENT
The City hosted a public presentation on the CWPP/FFMP on 25 June 2024 as part of the City’s annual Wildfire Preparedness Community Meeting in which participants received an update on this plan and an opportunity to ask questions about it.
The City also provided a 21-day public comment period using an online collection form to give members of the public an opportunity to comment on the plan. This open comment period was publicized on the City’s website, through the Uplift Local newsletter, and direct email notifications to stakeholder agency representatives. The City received seven public responses.
Where applicable, staff made appropriate updates to the plan and in other cases will determine the appropriate response.
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ENVIRONMENTAL REVIEW
The City has reviewed the 2025 updates and the potential environmental effects of implementing the updates. Based on this information, the project can be found exempt under CEQA Guidelines Section 15304 (Minor Alterations to Land).
ATTACHMENTS
Attachment A: 2023 Santa Clara Community Wildfire Protection Plan, Annex 3: City of Palo Alto Community Wildfire Protection Plan / Foothills Fire Mitigation Plan Update 2025 Attachment B: Transmittal of Signatures CWPP 2025
APPROVED BY:
OES Chief Ken Dueker, Director Office of Emergency Services Item B
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Community Wildfire Protection Plan /
Foothills Fire Management Plan Update
2023 Santa Clara County Community Wildfire
Protection Plan
Annex 3: City of Palo Alto
April 2025
Prepared for:
City of Palo Alto
Prepared by:
Wildland Res Mgt
316 California Ave. #68
Reno, NV 89509
Contact: Carol Rice, (510) 502-4737
[email protected]
Item B
Attachment A - 2023
Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
Update 2025
Item B: Staff Report
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TABLE OF CONTENTS
1. Organization and Jurisdiction 1
2. Planning Team Participation 3
3. Accomplishments 4
4. Post Treatment Fire Behavior 9
5. New Recommendations 9
6. Risk-Hazard Summary 11
7. WUI Area Description 12
8. Fire History 12
9. Terrain 15
10. Hazardous Fuel Characteristics 16
11. Neighborhood and Structural Characteristics 20
12. Emergency Response Capacity 21
13. Public Education and Outreach Programs 25
14. Social Vulnerabilities 28
15. Policies, Regulations, Ordinances, and Codes 29
16. Risk-Hazard Assessment 30
17. Critical Infrastructure and Community Values at Risk 41
18. Environmental Framework 44
19. Mitigation Projects and Prioritizations 45
APPENDICES
A . Vegetation Treatment Standards and Methods 62
Item B
Attachment A - 2023
Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
Update 2025
Item B: Staff Report
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2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto
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ANNEX 3 CITY OF PALO ALTO
1. Organization and Jurisdiction
Palo Alto is in the northwest corner of Santa Clara County and shares its border with East Palo Alto, Mountain View, Los Altos Hills, Stanford, Portola Valley and Menlo Park.
Figure 1. Planning area location.
As of the 2020 Census, the City total resident population was 68,572 with a population density of 2,845.8 people per square mile.
Item B
Attachment A - 2023
Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
Update 2025
Item B: Staff Report
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2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto
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The City of Palo Alto developed a Foothills Fire Management Plan (FFMP) in 1982 that provides the planning framework for fire control activities for the City and the Palo Alto Foothills Area which comprises the predominant wildland urban interface (WUI) area for the community. The FFMP addresses a broad range of integrated activities and planning documents to address and mitigate the impacts of fire hazards in the area west of Foothills Expressway to the city limits of Palo Alto.
Fire mitigation project areas include Foothills Nature Preserve (formerly Foothills Park) and Pearson-Arastradero Preserve. The FFMP goal is “to reduce government costs and citizen losses from wildland fire by increasing initial attack success and/or protecting assets at risk through focused pre-fire management activities.”
A 2009 update1 carried forward the framework and objectives from 1997 and addressed changes to the fire hazard assessment, reviewed regional evacuation routes, reviewed municipal ordinances, examined staffing of Station 8 (Foothills Fire Station), provided wildland fire management recommendations and mitigations, incorporated updates to open space plans, implemented CEQA documentation, and created an implementation plan.
In 2016, the City updated the FFMP, which modeled the current wildfire threat and provided the wildland fire management recommendations based on the updated threat. This update did not change the prescribed fire management techniques and thereby continued the use of the existing 2009 CEQA analysis.
Also in 2016, Santa Clara County developed a multi-jurisdictional Community Wildfire Protection Plan (CWPP) to establish strategic goals for these more detailed community level fire-planning efforts. This included a Palo Alto jurisdictional annex that accompanied this plan, but apart from the FFMP.
During the County’s substantive 2023 CWPP update process, the City decided to integrate the FFMP with the CWPP to provide one wildfire management plan for the community. This update will maintain an integral connection to the 2009 FFMP to draw upon the environmental framework provided in that document.
The 2009 FFMP and its 20162 update addressed a broad range of integrated activities and produced planning documents to address and mitigate the impacts of fire hazards in the Palo Alto Foothills Area. The area of interest includes the areas west of Foothills Expressway to the city limits of Palo Alto.
The 2009 Plan and its 2016 update addressed fire hazard assessment and regional evacuation routes, wildland fire management recommendations and mitigations. The FFMP also reviewed non-project related topics such as Municipal ordinances related to wildland fire and
1 https://www.cityofpaloalto.org/files/assets/public/v/2/oes/plans/palo_alto_ffmp_final.pdf 2 https://www.sccfd.org/santa-clara-county-community-wildfire-protection-plan/ Item B
Attachment A - 2023
Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
Update 2025
Item B: Staff Report
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2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto
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recommended staffing levels for Station 8 in Foothills Nature Preserve. It proposed an implementation plan and identified potential funding and included CEQA documentation for the proposed projects. Last, it recommended updates to the Pearson-Arastradero Trails Master Plan and Foothills Trail Maintenance Plan34. The 2016 Update provided a new hazard assessment, and identified areas that have been treated, areas where treatments may be modified, and a few areas where planned treatments were no longer planned. Treatment costs and listing of responsible entities were updated.
This 2024 update focuses on topics directly related to fire hazard mitigation, emphasizing project- related improvements. This program is also documented in the 2023 City of Palo Alto Local Hazard Mitigation Plan (LHMP)5 and demonstrates how the City mitigates wildfire risk through the implementation of projects in the CWPP/FFMP. The City of Palo Alto contracted with Wildland Res Mgt, who also completed the 2009 FFMP effort and the 2016 update, to assist in this update.
Staff members from Community Services, Fire, Utilities, and Public Works Departments and the Office of Emergency Services formed the planning team to work with Wildland Res Mgt. While the program originated with the Fire Department, Public Works, Office of Emergency Services, Utilities, and Community Services Departments are all key to the success and beneficiaries of the projects.
2. Planning Team Participation
In advance of the 2016 update, a novel organizational strategy was adopted which recognizes that planning and implementation of the CWPP/FFMP involves and requires support from many City Departments; this organizational strategy continues to guide City efforts. While the program originated in the Fire Department, the Public Works Department, Office of Emergency Services, Utilities, Department, and Community Services Department are all key to the success and beneficiaries of the projects. As such, representatives of each of these five departments meet regularly - generally quarterly, but sometimes more often - to strategize effective actions, such as identifying needs and collaborating on the timing and process of implementation. The Chair of this inter-departmental group (FFMP Coordinating Group or FFMPCG) rotates between the departments. The Office of Emergency Services currently leads the administration of the Foothill Fire Management Program. Funding is pooled from all departments based on the anticipated costs of performing fire hazard reduction work under their responsibility. For example, roadside treatments on public rights-of-way are funded by Public Works whereas evacuation treatments along roads inside parks are funded by the Community Services Department.
It is instructive to note that the City of Palo Alto Utilities Department, as an electric services provider, is required by State regulation to maintain a Utility Wildfire Mitigation Plan to document and describe how they maintain a safe electric utility and mitigate the chance of ignitions in the WUI.6
3 https://www.cityofpaloalto.org/files/assets/public/v/1/community-services/parks-and-open-space/pearson-arastradero- preserve/arastradero-trails-management-plan.pdf
4 Pearson-Arastradero Trails Master Plan and Foothills Trail Maintenance Plan. 5 https://www.cityofpaloalto.org/lhmp
6 https://www.cityofpaloalto.org/Departments/Utilities/Utilities-Services-Safety/Safety/Utilities-Wildfire-Safety Item B
Attachment A - 2023
Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
Update 2025
Item B: Staff Report
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2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto
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The 2016 CWPP/FFMP was completed at a time when the Santa Clara Fire Safe Council first conducted both vegetation management and public outreach under contract by the City. Due to administrative requirements not compatible with the SCCFSC, the contract was suspended. The City Departments then performed the services needed to implement the plan. For example.
Public Works used City equipment to conduct roadside treatments within its easement and the Utility Department performed clearances along powerlines.
The City is in the process of finalizing another contract with the SCCFSC to conduct the projects identified in this CWPP/FFMP. This is beneficial because the SCCFSC has more and better suited equipment available and crews with additional expertise and experience. They also contract services with other local and neighboring jurisdictions whereby economies of scale may be achievable in future work efforts.
The City Fire Department also participates in the SCCFSC monthly meetings, demonstrating collaboration on a regional scale.
The community is moderately engaged, with a
few residents that amplify fire prevention
messages in neighborhoods. Since the 2020
CZU Complex there has been higher awareness
and support of wildland fire issues. City
firefighters have been successful in providing
annual residential defensible space inspections;
this inspection process has the added benefit of
higher visibility of the fire department in the
neighborhoods. Outreach and education
regarding fire hazards in the Foothills has been
expanded in concert with the SCCFSC. For
example, in 2024 the SCCFSC participated in
the City’s WUI Public Safety Education Webinar
(see insert). Additionally, both the SCCFSC and
the City Fire Department maintain extensive
digital outreach efforts with public-facing
resources on evacuation, defensible space, and
other elements of wildfire preparation and
hazard reduction.
3. Accomplishments
Since the Foothills Fire Management Plan was
updated in January 2016, significant progress
has been made through the City’s 20-year
continuous commitment to innovative and responsive best fire management practices.
Since the 2016 update, the City has finalized the additional step – planned as of the 2016 update – of adopting the FFMP as a Community Wildfire Protection Plan (CWPP). With a CWPP/FFMP, Item B
Attachment A - 2023
Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
Update 2025
Item B: Staff Report
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2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto
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the City is in a better position to receive grants from Federal or State funding sources. Because the FFMP satisfied the requirements of a CWPP, the City was able to simply obtain an approval signature from the local CAL FIRE representative and send it to the California Fire Alliance where it became official.
Further, the City has continued to strengthen its ongoing relationship with the Santa Clara County Fire Safe Council (SCCFSC). In advance of the 2016 update, the City developed a 5-year Stewardship Agreement with the SCCFSC to help implement the CWPP/FFMP. An annual work plan was mutually agreed-upon, based on availability of City funding and capacity of the SCCFSC. The SCCFSC typically supervised and paid for CAL FIRE hand crews to reduce fuels along roads and in say Foothills Nature Preserve and Pearson-Arastradero Preserve while providing community outreach and education programs in the City regarding wildland fire. This implementation partnership – in the form of a contract between the SCCFSC and the City was pioneering at the time of its adoption and has since become an increasingly common best practice in communities across California.
In 2022-2023 the Parks and Recreation Department sponsored a CAL FIRE hand crew to maintain the fuel break along Page Mill Rd. In 2023, the CAL FIRE fuels crew reduced understory fuels and created a trail in what was a dense area behind Bandera and Alexis Drives on the northeast corner of Foothills Nature Preserve. In this same location access and emergency egress was improved through removal of a roadside obstruction.
Shaded fuel break behind Bandera and Alexis Drives
In addition to projects proposed in the 2016 CWPP/FFMP, the City removed 36 eucalyptus trees and created a trail in Esther Clark Park, in the northwest portion of the FFMP planning area, in Item B
Attachment A - 2023
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Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
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the fall of 2024. A few trees remain; a planting plan is forthcoming7. This work reduced hazardous fuels adjacent to homes in the Palo Alto / Los Altos Hills Wildland Urban Interface. In June 2023 Park Rangers from Foothills Nature Preserve installed approximately 30 "No Parking / No Stopping Signs" on Page Mill Road adjacent to Foothills Nature Preserve. These signs were located at popular areas where vehicles would frequently park on vegetation or vehicle owners would partake in activities that could cause a fire. Some examples of these illicit activities included igniting fireworks, campfires, and smoking.
Discing and mowing at Esther Clark Park.
The Foothills Park Rangers complete annual fuel reduction and fire prevention work totaling approximately 420 acres within the Foothills and Arastradero Nature Preserves and Esther Clark Park. This work includes using hand labor and heavy equipment to mow grass and light brush, creating disc lines, and removing invasive plant species (e.g., French broom, yellow star thistle, and stinkwort).
The City has adopted the most recent California Fire and Building Codes.
While not part of the 2016 CWPP/FFMP, the Utilities Department undergrounded the powerlines through the entirety of the extent of the CWPP/FFMP, which lowers the ignition risk. In addition, the department is undergoing a pipe replacement project, replacing corrugated with HDVE (highly dense plastic) in the ground.
In 2024 the Fire Department, Santa Clara County Fire Safe Council, & Community Services Department installed N5 Sensors that were strategically placed in the wildland urban interface to help detect wildfires. The sensors support a safer community by providing first responders a critical advantage when wildfires ignite.
The devices are designed to detect wildfires at the earliest stage possible using advanced ground-based sensors and cloud-based AI technologies day or night and often before wildfires become visible. If detected, the sensor automatically alerts the fire agency, providing situational awareness and enabling a quick response by fire personnel and park rangers.
7 https://www.cityofpaloalto.org/News-Articles/City-Manager/Open-Space-and-Adobe-Creek-Short-Term- Projects-Underway
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Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
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Figure 2. Projects included in the 2016 CWPP/FFMP Update.
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Annex 3 City of Palo Alto
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Through efforts and funding of the City and with support of the SCCFSC, many on-the-ground projects have been completed, resulting in reduced risk of damage from wildfire and safer evacuation routes and emergency access. While the relationship with the SCCFSC has been a major benefit to the program, the Community Services Department staff support has also been essential and effective. Coordination of equipment use and storage, as well as assistance in observing conditions on the ground has greatly bolstered the effectiveness of the SCCFSC efforts.
Spatial information, encompassing the planning and monitoring of work location, costs, and schedule, continue to be aided by the collection of project boundaries and associated data using a geographic information system (GIS). Both Google Earth and ESRI-based software compatible with the City of Palo Alto GIS were used. Planning, analysis, and project organization is currently done with digital spatial files.
Treatment of vegetation during the previous eight years in the Foothills has been ambitious. In addition to the annual mowing and discing, and periodic treatments of Trappers Trail, many areas that had not been treated in several years were tackled. In some locations, treatment areas were widened or otherwise expanded.
Annual roadside mowing within Foothills Nature Preserve
Currently fuel treatments are being carried out with a variety of methods, spanning mechanical treatments with a variety of types of equipment, and with hand crews, taking advantage of CAL FIRE’s fuel crews instead of the CDCR crews used previously.
Item B
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Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
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Details of the program’s fuel treatment accomplishments appear in Tables 1 and 2, but a synopsis follows:
▪ Treatment of evacuation routes within City boundaries on public roads o Arastradero Rd.
o Page Mill Rd.
o Los Trancos Rd.
▪ Treatment of evacuation routes within City parks
o Wild Horse Valley leading to Towle Campground
o Foothill Park from Maintenance Yard to Gate
o Foothill Park to Hewlett Property
▪ Defensible Space of critical infrastructure and facilities in Foothills and Arastradero Nature Preserves
▪ Residential boundary treatments (mowing, discing)
o West and East of Pearson-Arastradero
o South of residents on Foothill Park (NE of gate)
4. Post Treatment Fire Behavior.
One of the most effective ways to change fire behavior - and thus reduce potential damage to structures and the environment - is to manage fuels. As described in this update, this includes treatments to vegetation to minimize ignition of structures. In general, projects recommended in this update and in previous iterations of the City of Palo Alto CWPP/FFMP are intended to reduce ignition likelihood while achieving a two- to four-foot predicted flame length in the event of a wildfire in the project area immediately after implementation of recommended fuel treatments.
As a result of the implementation of the CWPP/FFMP over the past two decades, fire behavior in the project area has changed, with several concrete benefits. The most important benefit has been an increased ease of evacuation and emergency access through the expansion of managed roadside vegetation along evacuation routes and other roadways. The roadsides along Arastradero Road, Los Trancos Road, and Page Mill Road are all safer for access and egress through increased line of sight, reduced fuel volumes, and reduction of ladder fuels due to the continued implementation of fuel management projects described in the 2016 update. The probability of ignitions has been reduced through a reduction of fuels near barbeques and structures, and along roadsides. The potential for containment of a wildfire (both within the parks and between City property and neighbors) has been enhanced through the creation, maintenance, and enhancement of reduced fuel zones. As described in detail in this document, these treatment areas are strategically placed along property perimeters and ridgelines.
5. New Recommendations.
As with most vegetation management projects, the initial treatments require the most substantial effort; maintenance tends to require less of an effort. Initial treatments have been done in most locations and are now in “maintenance mode”. While Tables 1 and 2 describe the areas successfully treated (many which require annual treatments), it also lists areas not treated and recommends new areas to be treated or treatments to be expanded. Since vegetative growth is Item B
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Annex 3 City of Palo Alto
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cyclical and highly dependent on environmental factors, the planning team will conduct annual assessments to determine the areas to be treated and the level of effort that provides the highest benefit for the current costs of treatment.
WRM conducted a site visit on May 2 and conducted interviews with City staff on April 11 and 12.
These efforts were aimed at determining how the program might be improved, and specifically what projects might be added or abandoned and learning recommended changes to operations.
Questions revolved around the following topics:
1. Vegetation Management
a. What has worked? What has not?
b. How is the City getting the vegetation treatments done?
2. Community Engagement
a. What are the community engagements with residents b. What non-profit partners help CWPP/FFMP implementation c. What agency/ institution partners help with implementation
3. Critical Assets
a. Are there additional critical assets that have been identified since the last CWPP/FFMP?
These questions were used to aid the development of the recommendations in this update.
Because of the success in treating areas identified in the CWPP/FFMP, new and additional areas have been identified for treatment, based on current hazardous conditions as demonstrated in a fire behavior analysis and on potential benefit to the City and region as observed by staff. Details of new, additional recommended projects appear in Table 2. The most significant additional new treatment area is within Esther Clark Park, where a mowing and discing project has been and is continuing to be implemented.
This update recommends that the current mowing – not included in the 2016 update – should be maintained. Additional attention could be pointed to restoration of native perennial grasses (and other types of plants), and removal of exotic grasses (and other types of plants) with higher fuel volumes and flammability.
Current treatments should be expanded to include the removal of eucalyptus trees and other flammable exotics. The goal of the Eucalyptus Tree Removal CIP project is to minimize the risk of catastrophic wildfire along the wildland-urban interface while ensuring the protection and enhancement of ecological resources within the Open Space areas. The project will focus on reducing risks of damage from wildfire by identifying and removing hazardous eucalyptus trees in the City’s open space preserves in the foothills (Foothills Nature Preserve, Pearson-Arastradero Preserve, and Esther Clark Park). Approximately 110 trees have been identified for future removal. An estimated 30 trees are in the Foothills Nature Preserve, 60 trees in the Pearson- Arastradero Preserve, and 20 trees in Esther Clark Park. The project will be phased over three to four years depending on funding, environmental assessment, and site conditions. The method of removal will be determined based on site conditions, access, and contractor ability. At present, funding is proposed in CIP PG-25002 for $100,000 in Fiscal Year 2025 with additional funding to be sought in future years such as through grant applications.
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Annex 3 City of Palo Alto
Community Wildfire
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The most significant project aimed at residents will be an endeavor to designate the Foothills of Palo Alto as a NFPA Firewise USA Community. This effort was proposed in the 2016 update but has not yet been implemented.
While communication between the City and Los Altos Hills has been satisfactory, there is a desire to collaborate more closely. For example, because Page Mill Road spans both the City and Town, roadside treatments along the road could be done at the same time, possibly by the same vendor. Similarly, community outreach could be done jointly.
Similarly, there is interest in closer collaboration with Stanford University’s wildfire management efforts, the Mid-Peninsula Regional Open Space District (MROSD), and the County of Santa Clara. As part of the Santa Clara County Fire Department Highway 35 Hazardous Fuels Reduction Wildfire Mitigation Project, hazardous trees will be removed, and hazardous vegetation will be reduced along the 16-mile roadway near Page Mill Road and Skyline Blvd. using federal funding from Hazard Mitigation Grant Program (HMGP).8
Within the City, the Utilities Department is interested installing hardscape and firescape around their buildings and near the reservoirs. More significantly, the Department produces a collaborative Utilities Wildfire Mitigation Plan that guides additional programs and projects to minimize the risk of wildfire ignitions from city provided electrical utilities. Mentioned earlier, a major project is the undergrounding of overhead electrical lines in the Palo Alto foothills which is currently underway and estimated to be complete in late 2024. The Water, Gas, Wastewater division of the Utilities Department is also developing wildfire mitigation projects to reduce structural damage to water system components and features. Several of these projects are included in the City of Palo Alto Local Hazard Mitigation Plan (LHMP).
A few locations have been removed from the list of projects recommended for treatment, or the areas have been reduced in size, due to changing landownership, staffing duties, and fuel conditions. These generally occur within Foothills Nature Preserve, and do not result in a significant decrease in hazard because the areas to be treated were to surround BBQs which have since been removed.
6. Risk-Hazard Summary
The Foothill Area of Palo Alto faces a significant level of both hazard and risk, but both are decreasing due to ongoing efforts. The hazards are the result of steep topography, abundant fuels, lack of access and periods of weather conducive to ignition and fire spread. This is the case in the open spaces and in the residential areas, where structures are generally constructed in an ignition-resistant manner, but with exposures from vegetation and building details such as vents, and decks.
8 https://www.paloaltoonline.com/santa-clara-county/2024/04/28/county-approves-plan-for-wildfire-prevention-project-along- skyline-boulevard/
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Annex 3 City of Palo Alto
Community Wildfire
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Fire Mitigation Plan
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The terrain and location of the abundant fuels in relation to the city limits possible losses. While any structure loss is significant, winds that generally are associated with catastrophic loss would blow fires away from concentrations of structures in the city.
This report describes in detail the hazard and risk ratings from CAL FIRE, county-wide efforts and from the SCCFSC CWPP.
7. WUI Area Description
7.1. WUI Area Defined
The Palo Alto Fire Code defines the Wildland Urban Interface Fire Area as “[a] geographical area identified by the State of California as a ‘Fire Hazard Severity Zone’ in accordance with Public Resources Code Sections 4201 through 4204 and Government Code Sections 51175 through 51189, or other areas designated by the enforcing agency to be at a significant risk from wildfires.
Within the city limits of the City of Palo Alto, ‘Wildland-Urban Interface Fire Area’ shall also include all areas west of Interstate 280, and all other areas recommended as a ‘Very High Fire Hazard Severity Zone by the Director of the California Department of Forestry” (Section
15.04.410).9 The WUI consists of a mix of urban, semi-urban, and open space lands on the eastern slope of the Santa Cruz Mountains. The Palo Alto Foothills Area includes two city- managed areas: the Foothills Nature Preserve and the Pearson-Arastradero Nature Preserve.
7.2. Access
Regional access to the Foothills Area is provided by Highway 280, Foothill Expressway and Skyline Boulevard. Page Mill Road serves as a major north-south connector from Highway 280 to Skyline Boulevard. Los Trancos Road provides access along the western boundary of the Palo Alto Foothills Area from Alpine Road south to Los Trancos Woods. Page Mill Road and Los Trancos Road have several long sections that are steep, windy and narrow. Circulation is limited within the Foothills Area. Arastradero Road links the western and eastern portions. Alpine Road and Los Trancos Road provide access to portions of the western part of the city. Moody Road and Altamont Road are other important circulation routes in Los Altos Hills.
8. Fire History
The fire history in this WUI area is relatively free of major events in recent decades. The last major fire in the vicinity of the upper foothills that was recorded by CAL FIRE’s database was in 1912. Local records indicate, however fires in the Foothills Nature Preserve burned approximately 4000 acres between 1908 to September 11, 1916, and then approximately 250 acres in 1832.
Fires also visited the park in 1950, 1964, 1965, and 1973.
9 Palo Alto Fire Code. https://www.cityofpaloalto.org/files/assets/public/v/1/city-clerk/ordinances/ordinances-1909-to- present/2022/ord-5563.pdf
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Community Wildfire
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Fire Mitigation Plan
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Significant fires in the lower foothills (primarily light fuels) occurred in 1985, 1992, 2000, and 2007. The 1985 Liddicoat fire spread in grasslands and was also carried by eucalyptus trees that resulted in damage and destruction to 13 homes on the Palo Alto border. Major wildfires occurred in nearby WUI areas in 2020 in Santa Cruz, San Mateo, and Santa Clara Counties.
While the Palo Alto project area has not burned in decades, three fires have burned in the immediate vicinity since 1960: the 1962 Leib Fire, which burned approximately 1300 acres northwest of the project area near Sky Londa; the small 2007 Stevens Fire, which burned 151 acres in Cupertino near Stevens Canyon Reservoir, southeast of the project area; and the enormous 2020 CZU Lightning Complex Fires, which destroyed 1490 structures and burned 86,509 acres of the Santa Cruz Mountains to the project area’s southwest.
Item B
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Annex 3 City of Palo Alto
Community Wildfire
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Fire Mitigation Plan
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Figure 3. Fire history.
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9. Terrain
The Foothills of Palo Alto rise from the near sea level elevations at its northern end to higher than 2300 feet at its southernmost extreme along Skyline Blvd. There are several distinct canyons that run north-south, most notably in Arastradero Preserve and in Steven Creek, located southwest of Monte Belle Ridge. In addition to Monte Belle Ridge, prominent ridgelines are formed by Trappers Trail on Foothills, and the ridgeline near Station 8. These ridges can partially block northerly winds that spread wildfire under hot dry, conditions.
Figure 4. Topographic map of the project area.
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10. Hazardous Fuel Characteristics
The 7240-acre Palo Alto project area is home to a diverse array of vegetation types, most notably evergreen hardwoods (3026.6 total acres), herbaceous (grassland) (1269.8 total acres), shrub (1223.1 total acres), redwood and Douglas fir (conifer) (715.6 total acres), developed (377.8 total acres), deciduous hardwood (266.8 total acres), and non-native forest (184.6 total acres).
Riparian forest (34.1 total acres), forest (28.2 total acres), eucalyptus (27.7 total acres), water (22.3 total acres), riparian shrub (22.2 total acres), row crop (19.3 total acres), major road (8.8 total acres), vineyard (6.0 total acres), non-native herbaceous (grassland) (3.6 total acres), freshwater herbaceous wetland (1.6 total acres), orchard or grove (1.1 total acres), nursery or ornamental horticulture (0.5 total acres), and barren and sparsely vegetated (0.3 total acres) land covers are also present on the project area.
The most dominant single vegetative enhanced lifeform, Californian annual and perennial grassland (1269.8 acres), is present in swathes throughout the project area, notably in the lower elevations near developed areas along Junipero Serra Boulevard, Page Mill Road, and Arastradero Road; the slopes of the Palo Alto Hills and in Pearson-Arastradero Preserve; and in the southern ridgelines of the project area along Skyline Boulevard and Monte Bello Ridge. These low-volume fuels are generally associated with lower wildfire hazard and risk values because of the low flame lengths they tend to produce; however, they are also easy to ignite, especially during fire season when fuel moistures are at their lowest, so their concentration along Skyline Boulevard and Page Mill Road is associated with higher wildfire hazard and risk values due to the statewide preponderance of roadside grassy fuel ignitions.
The next most dominant vegetative enhanced lifeforms – the evergreen hardwoods Quercus agrifolia (cost live oak) alliance (1213.6 acres), Umbellularia californica (California bay) mapping unit (985.2 acres), and Quercus chrysolepis (canyon live oak) alliance (801.6 acres) – dominate the mountainous southern three-quarters of the project area, from the slopes of Elephant Mountain to Los Trancos Woods and Vista Verde. These are classified as high-volume timber- shrub fuels and are associated with extremely high wildfire hazard and risk values due to their location on steep slopes and intermix with high-volume shrub fuel models.
Shrubs, including chamise, ceanothus, sage, coyote bush and poison oak, (1223.1 total acres) are also prominent on the ridgelines and slopes below Alpine Road and on Elephant Mountain, and are generally intermixed with the abovementioned evergreen hardwood vegetation types on the steep slopes that dominate the southern two thirds of the project area. These shrub fuels are disproportionately high-volume and are associated with extremely high wildfire hazard and risk volumes due to their location on steep slopes and ability to produce extreme fire behavior (very high flame lengths and rates of spread).
Pseudotsuga menziesii (Douglas fir) etc. association (698.2 acres) dominates ridgelines in the southern third of the project area from Stevens Creek to Table Mountain. These fuels are mapped as a mix of light load and very high load dry climate timber-shrubs and are associated with high to Item B
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extreme wildfire hazard and risk values due largely to their location on steep slopes and ridgelines and the large amounts of litter produced.
Figure 5. Map of vegetation types.
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Figure 6. Vegetation types.
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Figure 7. City of Palo Alto community planning area.
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11. Neighborhood and Structural Characteristics
The Palo Alto community is made up of a mixture of homes with both old and new construction. Many homes are compliant with Building Code Chapter 7A, having been built since the WUI ordinance went into effect; some older homes, however, are non-compliant with guidance regarding windows and roofs. Siding is a mixture of stucco and wood. Most homes have Class A roofs; however, there are enough with wood-shake roofs to endanger an entire neighborhood. Additionally, a number of homes have dense coniferous landscaping fuels near structures. Aboveground powerlines also extend across much of the WUI area. Most roads are surfaced and have adequate width and turnaround for emergency apparatus. Roads are not very steep in most locations, but short stretches may be 10% grade.
Home lot size is large enough to separate homes enough to limit ignition from radiant heat (if the vegetation is managed between and surrounding the homes). Adjacent wildlands to the west and north are grass and are managed every year by the City of Palo Alto; however, much of the wildlands to the south are covered with heavy untreated brush fuels.
Water supply for the WUI areas is adequate and provided via hydrants connected to the city water supply.
There is an organized homeowner association (HOA) for much of the Foothills area that is active in fire prevention and can deliver a strong fire safety message and take action.
Figure 8. Page Mill Road: Dense roadside fuels.
Figure 9. Alexis Drive: Home with newer construction
features, irrigated landscaping, large lot size, and
clear compliance with Zone 0 defensible space.
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Figure 12. Laurel Glen Drive: Accessible power
box.
Figure 13. Laurel Glen Drive: Large lot size and new
construction features, but large-volume landscaping
fuels in close proximity.
Figure 14. Bandera Drive: Thick landscaping
coniferous fuels in close proximity to home that
otherwise boasts newer construction features.
Figure 15. Heavy untreated wildland brush fuels
southwest of Black Mountain.
12. Emergency Response Capacity
The Palo Alto Fire Department's (PAFD) response area in the WUI Fire Area covers nearly 10 square miles, from Skyline Boulevard in the Palo Alto foothills to Foothill Blvd and from Page Mill Road to Los Trancos Road. Approximately 200 residences and large business Item B
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complexes (some of them exceeding a million square feet in area) exist in Palo Alto’s WUI fire area.
PAFD has 111 personnel organized in three work divisions: Emergency Response (Operations), Fire Prevention, and Support Services.
PAFD staffs five full-time stations located strategically throughout the city. Additionally, PAFD staffs one station on Stanford University under contract with the University. To provide coverage in the sparsely developed hillside areas, an additional fire station in Palo Alto’s Foothills Nature Preserve is operated seven days a week for 12 hours a day during June to October.10
Palo Alto Fire Department facilities are located as follows:
Fire Administration
250 Hamilton Avenue, City Hall
Fire Station 1
301 Alma Street
Fire Station 2
2675 Hanover
Fire Station 3
799 Embarcadero Road
Fire Station 4
3600 Middlefield Road
Fire Station 5
600 Arastradero Road
Fire Station 6
711 Serra Street, Stanford
Fire Station 8
Foothills Nature Preserve
Open Space Rangers from the Community Services Department, Open Spaces Division can initiate small fire suppression efforts using specially equipped pickup trucks designed to meet federal standards as a Type 6 Fire Engine.
Pickup trucks that meet federal standards as a Type 6 Fire Engine
10 Fire and Emergency Medical Services Agreement. https://www.lahcfd.org/download/may-18-2021-fire-district- commission-meeting/?ind=1621066024164&filename=05182021_LAHCFD_06A_Station-8- Agreement.pdf&wpdmdl=3523&refresh=60c3b1eeef9eb1623437806 Item B
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Annex 3 City of Palo Alto
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Rangers perform a vital service aiding fire suppression, providing detection, notification and initial size-up of fires, along with evacuation or reconnaissance. The Rangers offer detailed local knowledge and support the Station 8 firefighters. Currently ten staff are fully trained and equipped for first response and meet or exceed the federal minimum Fire Fighter Type 2 training standard. There are four trucks with 150-300 gallons of water.
The City of Palo Alto Utilities owns and maintains water distribution systems and services throughout Palo Alto, including the preserve and park land south of highway 280, the Palo Alto Hills Golf & Country club, Palo Alto University, and residential services to houses located along Alexis Drive, Los Trancos, and other residences, businesses, and outdoor uses adjacent to the City's park land. Hydrants are located on residential streets and intermittently on pumping lines. Purissima Hills Water District owns and maintains hydrants and water service along Page Mill Road from Foothill Expressway to the neighborhood located on Moody Road. The City of Palo Alto owns and maintains hydrants and water services intermittently within the Purissima Hills Water District's water service area along Old Page Mill Road; at Arastradero Road and at Moody Road on Page Mill; and from the Pony Tracks Fire Road intersection on Page Mill to Montebello Road. Residences and park areas in Monte Bello Preserve and within Palo Alto along Skyline Boulevard are serviced by private wells and private fire water protection systems.
Palo Alto Public Safety Departments participate in regional fire protection efforts and include mutual and automatic aid from neighboring jurisdictions and agencies such as: Mid- Peninsula Open Space District, Santa Clara County Fire Department, and CAL-FIRE.
Fire Response
Federal Responsibility Area (FRA): A term designating areas where the federal government is responsible for fire response efforts. These areas include land under federal ownership (CA GOPR 2020).
Local Responsibility Area (LRA): A term designating areas where the local government is responsible for wildfire protection. The LRA includes incorporated cities, cultivated agricultural land, and portions of the desert. LRA fire protection is typically provided by city fire departments, fire protection districts, counties, and by CAL FIRE under contract to local government (CA GOPR 2020).
As shown in Figure 16 below, the entirety of the planning area falls within a Local Responsibility Area (LRA) under jurisdiction of the City of Palo Alto, meaning that the City of Palo Alto is responsible for fire response and evaluating relative fire hazard.
State Responsibility Area (SRA): A term designating areas where the state has financial responsibility for wildland fire protection. Incorporated cities and land under federal ownership are not included in the SRA. Land under federal ownership is in the federal responsibility area (CA GOPR 2020).
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The wildland urban interface (WUI) areas in the unincorporated portions of Santa Clara County are protected by SCCFD are also designated by state law as State Responsibility Areas (SRAs) for wildland fire purposes. Therefore, the California Department of Forestry and Fire Protection (CAL FIRE) shares jurisdictional responsibility for fire protection in the SRA areas with the SCCFD. CAL FIRE evaluates SRA areas for wildfire potential and designates them as Moderate, High, and Very High Fire Hazard Severity Zones (FHSZs).
The majority of WUI in the SCCFD district is High and Very High FHSZ.
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Figure 16. Jurisdictional responsibility areas.
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13. Public Education and Outreach Programs
The City has a strong online presence where city fire prevention messages inform their residents, with a particular webpage that address Threats and Hazards. This is found at www.cityofpaloalto.org/thira (in addition to the Local Hazard Mitigation Plan referenced earlier). Moreover, the Palo Alto Fire Department website hosts a robust public-facing resource page, Prepare for Wildfire: Ready, Set, GO!, with video, interactive mapping, and textual resources covering defensible space guidelines, household wildfire plans, and evacuation routes and procedures. The webpage also includes links to and descriptions of external resources allowing members of the public to sign up for emergency alerts via AlertSCC.org, determine evacuation zones (a section accompanied by a handy how-to video), and view wildfire cameras from the ALERTWildfire consortium.
One of the core offerings of the Prepare for Wildfire page is its resources on Palo Alto’s evacuation protocols and preparation in a section called Know Your Zone. Evacuation zones within the City are managed through the Genasys Protect.11 As shown in the figure below, the Foothills project area is covered by 11 evacuation zones, 8 of which (PA-050, PA-051, PA-040, PA-041, PA-042, PA-043, PA-044, and PA-045) are within the jurisdiction of the City of Palo Alto, with the remaining 3 falling under the jurisdictions of San Jose (SJ- 014) and Santa Clara County (SCC-004 and SCC-006).
11 https://protect.genasys.com/
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Figure 17. Evacuation zones from Genasys.12
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The following section of the Prepare for Wildfire site, When to Evacuate, covers evacuation protocols and invites residents to download the evacuation route map below.
Figure 18. Public-facing map of City of Palo Alto evacuation routes.
There is also an annual community outreach by the Palo Alto Fire Department in conjunction with inspection of parcels. Additionally, representatives from the Santa Clara FireSafe Council and the City Office of Emergency Services annually host a disaster preparedness workshop for the WUI area that includes wildland fire risk preparation and response.
The City works collaboratively with its partners and neighbors. Foremost among these efforts is the City’s contract with the Santa Clara Fire Safe Council to assist with community outreach and education, as well as hazardous fuel reduction projects in the WUI, including fuel reduction projects described later in this document such as fuels reduction on the Arastradero Road/Page Mill Road evacuation route. This implementation partnership is an approach that the City and County adopted long before most WUI jurisdiction, having been maintained to great effect for nearly two decades. The Santa Clara County Fire Safe Council additionally augments public education material and often makes direct contact with homeowners. The Fire Safe Council’s own robust online presence can be found on its Item B
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website13 which contains numerous public-facing resources on wildfire education and preparation.
14. Social Vulnerabilities
Social vulnerability refers to a community’s capacity to prepare for and respond to the stress of hazardous events ranging from natural disasters,
Differential access to social, political, and economic resources affects the ability of individuals and communities to mitigate and adapt to fire (18, 24, 30). This includes resources to reduce the likelihood of home loss (e.g., by reducing flammable materials around structures and home hardening), ability to respond during a fire (e.g., by evacuating elderly and disabled people and by providing effective, accessible emergency messages), and ability to recover after a fire (e.g., insurance coverage and resources to rebuild a home.14
The CDC/ATSDR Social Vulnerability Index (CDC/ATSDR SVI 2022) Santa Clara County Map, shown below, depicts the social vulnerability of communities, at census tract level, within a specified county. CDC/ATSDR SVI 2022 groups sixteen census-derived factors into four themes that summarize the extent to which the area is socially vulnerable to disaster.
The factors include economic data as well as data regarding education, family characteristics, housing, language ability, ethnicity, and vehicle access. Overall Social Vulnerability combines all the variables to provide a comprehensive assessment.15
13 https://sccfiresafe.org/
14 Social Vulnerability of the People Exposed to Wildfires In U.S. West Coast States. https://www.science.org/doi/full/10.1126/sciadv.adh4615 15 CDC/ATSDR Social Vulnerability Index
2022. https://svi.cdc.gov/Documents/CountyMaps/2022/California/California2022_Santa%20Clara%20County.pdf) Item B
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Figure 19. Maps of social vulnerabilities in Santa Clara County, from https://svi.cdc.gov/Documents/CountyMaps/2022/California/California2022_Santa%20Clara%20County.p df
15. Policies, Regulations, Ordinances, and Codes
The CWPP/FFMP includes details of codes and ordinances, as well as the code documents to which they refer.
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15.1. Fire Code
Title 15 of the Palo Alto Municipal Code adopted the California Fire Code, 2022 Edition, with local amendments which define the WUI and specify defensible space requirements.
In addition, Title 8 regulates water efficiency, which affects weed abatement policies that can be used for properties not in compliance with defensible space requirements.16
15.2. Building Code
Title 16 of the Palo Alto Municipal Code adopted the California Building Code, 2022 Edition.
In general, these sections support the adopted Title 15 Fire Code. The City has adopted the 2022 California Building Code, Title 24, Part 2, Volumes 1 & 2 adopted and amended.
Chapter 7A of the California Building Code and Chapter R337 of the California Residential Code contain standards associated with the construction of buildings in wildfire prone areas.
Also, the Santa Clara County Multijurisdictional Hazard Mitigation Plan 2023 Update City of Palo Alto Annex notes that the City Code, Chapter 16.42, Chapter 16.52, and Chapter
15.04.420 specifically addresses Natural hazards. This plan also references the 2016 Palo Alto Emergency Operations Plan (EOP, which) identifies the City’s emergency planning, organization, and response policies and procedures.17
16. Risk-Hazard Assessment
16.1. County Risk Assessment
The Tukman Hazard and Risk Assessment is a third-party risk assessment calculated from a combination of hazards. Predicted fire behavior, especially flame length, is the most heavily weighted element in calculating wildfire hazard. These fire behavior predictions – in contrast with the CAL FIRE VHFHSZ modeling, discussed further below – are derived from fuel mapping classified at a fine-scale 5m resolution following the collection of LiDAR data and high-resolution imagery. This hazard and risk assessment has been developed as part of a collaborative effort with multi-jurisdictional participation. The County CWPP presents data on the Wildfire Hazard and Wildfire Risk to Structures layers below.
16.1.1. Wildfire Hazard
Wildfire hazard is calculated as a combination of hazards from fire behavior, ignition sources, owner intervention, and suppression difficulty. Hazard combines fuel characteristics such as the volume, arrangement, moisture, and sizes of fuels, all of which contribute to how fire will burn. Information about the fuels is combined with physical
16 http://www.cityofpaloalto.org/gov/depts/utl/residents/resrebate/landscape.asp 17 https://www.cityofpaloalto.org/Departments/Emergency-Services/Plans-and-Information/Local-Hazard-Mitigation-Plan Item B
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landscape characteristics such as weather, topography, and the distribution of ignitions across the landscape.
Relative wildfire hazard values mapped within the project area range from 1.56 (very low relative fire hazard) to 6.00 (highest relative fire hazard). Roughly a third of the project area (2480.3 acres) is evaluated as presenting highest relative fire hazard (hazard index values from 5-6), with extremely high relative fire hazard values mapped on the timber-shrub and shrub-covered steep slopes between Monte Bello Ridge and Table Mountain, the slopes of Los Trancos Woods and Vista Verde, and the south-facing slopes leading to Elephant Mountain. Approximately half of the project area (3697.7 acres) is evaluated as presenting moderate relative fire hazard (hazard index values from 3-4.99), values that concentrate around lower-volume herbaceous fuels on the Monte Bello ridgeline and within Portola Valley and the lowlands of the Pearson-Arastradero Preserve. Lowest relative fire hazards (hazard index values from 1-2.99) are mapped on the remaining 1062.0 acres of the project area concentrated in the residential area along Arastradero Road and on the Palo Alto Hills Golf and Country Club.
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Figure 20. Wildfire Hazard map.
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16.1.2. Wildfire Risk
Risk is the potential for realization of adverse consequences to valued resources or assets.
Wildfire risk considers not only the potential for hazardous wildfire, but also the values exposed to hazard. Hence, wildfire hazard can be very high, but if no resources or assets are exposed to the hazard, there is no risk.
Some risk assessments consider all relevant types of values, including socioeconomic, along with ecological elements. However, this risk assessment is limited exclusively to wildfire risk to structures, not wildfire risk to other resources and assets.
Most of the Palo Alto project area is evaluated as presenting high wildfire risk to structures, particularly in the steep slopes of Elephant Mountain and Monte Bello Ridge. Patches of extreme wildfire risk to structures concentrate around Page Mill Road from the developed lowlands north and south of Junipero Serra Boulevard to near Monte Bello Open Space Preserve and Vista Verde; in the developed area along Arastradero Road in the northern portion of the project area; and along Skyline Boulevard at the farthest south of the project area. Moderate risk values concentrate on Monte Bello Ridge and in Foothills Nature Preserve, while the low-volume herbaceous fuels of the Pearson-Arastradero Preserve and north of Arastradero Road correspond with lower risk values.
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Figure 21. Wildfire Risk to Structures map
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16.1.3. CALFIRE Fire Hazard Severity Zones
The CALFIRE FHSZ system is a science-based system where severity zones are defined based on vegetation, topography, and weather (temperature, humidity, and wind), and represent the likelihood of an area burning over a 30- to 50-year time period without considering modifications such as fuel reduction efforts. The CALFIRE FHSZ maps present wildfire hazard and not wildfire risk. In California, CAL FIRE maintains fire hazard severity zone (FHSZ) data for the entire state. There are three classes of fire hazard severity ratings within FHSZs: Moderate, High, and Very High (CA GOPR 2020).
In 2007, when the initial Hazard Severity Zone Mapping occurred, no area within the City of Palo Alto was classified as reaching Very High Fire Hazard Severity. However, most of the adjacent State Responsibility Areas to the project’s east on the slopes of Elephant Mountain, Monte Bello Ridge, and Table Mountain are designated as Very High Fire Hazard Severity Zones. South of the project area, Highway 35 marks the boundary between these areas of Very High Fire Hazard Severity and the slopes of the Santa Cruz Mountains to the project’s west, which – except for three small areas of Very High Fire Hazard Severity along the project area boundary – are entirely mapped as meriting High Fire Hazard Severity. An SRA outside Ladera to the project site’s northwest is mapped as a Moderate Fire Hazard Severity Zone.
The Palo Alto project area falls within a Local Responsibility Area (LRA) under jurisdiction of the City of Palo Alto, meaning that the City of Palo Alto is responsible for both fire response and evaluating fire hazard severity. CAL FIRE maps the full scale of fire hazard severities in State Responsibility Areas (SRAs), as shown in the areas of the map below that fall outside city limits. Meanwhile, LRAs simply distinguish between areas with or without Very High Fire Hazard Severity.
The SRA was re-mapped in 2023 and the LRA re-mapped in 2025. The lower parts of the project area are mapped as Moderate Fire Hazard Severity. The most extreme northeastern section is not classified. The upper part of the Palo Alto project area is mapped as a High or Very High Fire Hazard Severity Zone. Roughly half of the area is classified as Very High; these locations are on the western side and the southernmost extent of the project area. The remaining area is classified as High Fire Hazard Severity Zone.
When the classifications are approved. by the City newly constructed homes must meet heightened fire-resistant building standards in High and Very High Fire Hazard Severity Zones, Additionally, those landowners with structures within the High and Very High Fire Hazard Severity Zone must disclose to would-be buyers of the elevated danger with a disclosure form. New subdivisions in the Very High Fire Hazard Severity Zone will also need to be carefully designed with multiple evacuation routes, adequate water supply infrastructure and built-in fuel breaks in place.
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Figure 22. CALFIRE FHSZ map.
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16.2. Palo Alto Community Area Risk Assessment
Community hazard assessments are designed to identify factors contributing to an increased ignition likelihood or wildfire severity. These community hazard assessments include ratings of community conditions compared to best practices for WUI fire mitigation, and include consideration of applicable state codes, local ordinances, and recognized best practices guidelines.
The National Fire Protection Association Standard 1144 (NFPA 1144) defines WUI hazards and risks at the community and parcel level. This plan utilizes components of NFPA 1144, California laws and local ordinances to evaluate neighborhood WUI hazard and risk.
California Public Resources Code (PRC) 4290 and 4291 sections address WUI community design and defensible space standards.
As shown in Figure 23 below, the NFPA 1144 community risk assessment completed as part of this CWPP/FFMP for the Palo Alto Community assigned the WUI community a risk rating of High with a score of 95 (<40= low, >40 = moderate, >70 = High, >112 = Extreme).
Factors that contributed to the risk include hazardous landscaping patterns; high-volume brush fuels in Palo Alto’s southern wildlands; aboveground powerlines; and hazardous construction patterns in older homes, including the lack of interior sprinklers and the use of single-pane windows and wood shake roofs. Averages are taken across the community for each of these parameters. While still designated High risk, the City of Palo Alto’s 2023 assessment marks an eight-point reduction in overall risk from the 2016 evaluation, which assigned an overall risk rating of 103. This decrease in overall risk stands in contrast with the results of 2023 visits to other WUI communities within Santa Clara County, which generally observed higher risks than in Palo Alto.
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Figure 23. Community hazard assessment for the City of Palo Alto, per the Santa Clara County CWPP.
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Figure 24. Summary of the community hazard assessment for the City of Palo Alto.
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Parameter Condition Rating
Access One road in and out -
Good road width and minimal grade +
Surfaced road +
Good fire access and turnarounds +
Street signs are present, some are non-reflective +/-
Vegetation Adjacent fuels: Heavy -
Defensible space: Less than 30 feet around structure - Topography within 300 feet of
structure
10% to 20% +/-
Topographic features Moderate concern +/-
History of high fire occurrence Low +
Severe fire weather potential Low +
Separation of adjacent structures Good separation +
Roofing assembly* Class C -
Building construction Non-combustible siding/combustible deck +/- Building set back <30 feet to slope -
Available fire protection Water: hydrants present with good pressure + Response: Station <5 miles from structure +
Internal sprinklers: none -
Utilities One above and one below ground +/-
Risk Rating- High (95)
*Roofing assembly: Class A: effective against severe fire test exposures; Class B: effective against moderate fire test exposures; Class C: effective against light fire test exposures; Unrated (wood shake roofs).
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17. Critical Infrastructure and Community Values at Risk According to the 2023 update to the City of Palo Alto Annex to the Santa Clara County Multijurisdictional Hazard Mitigation Plan, “[a] total of 1711 people (2.5% of the total population) [of the City of Palo Alto] reside within wildfire hazard areas… Not all structures in areas at risk to wildfire are constructed with fire resistant materials or have adequate defensible space or other forms of vegetation management to reduce fire risk. Wildfire risk is expected to increase by extended periods of drought or extreme heat caused by climate change.” The following maps – excerpted from the SCC CWPP – display a subset of the critical infrastructure and cultural and socioeconomic values at risk but are not entirely comprehensive.
Figure 25. Critical Infrastructure at Risk from the SCC CWPP.
Water distribution systems are critical infrastructure for suppression of small fires, mitigation of conflagrations, containment of wildfire, and recovery from a wildfire event. Protection and recovery of water distribution systems from damage and contamination during a wildfire event will directly impact wildfire response. The City of Palo Alto owns and maintains five water storage reservoir tanks and five water distribution pumping systems within the City's jurisdictional boundary South of Highway 280.
These tanks and pumps are arranged in series where each water storage tank supplies pressure and storage to five water pressure zones. Each pressure zone can supply water to each adjacent Item B
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zone in series to either lower or higher pressure zones through pressure reducing valving and pumps.
Two additional sub-pressure zones, referred to as Foothill Entrance and the Los Trancos subzones or Subzone 7A and Subzone 7B, respectively, are located within and supplied by the Park Tank Pressure Zone 7, through pressure reducing stations located in underground vaults, in addition to a standby pump system, called the Blanco Pump, located at the Boronda Tank Site from the Boronda Tank Pressure Zone #6.
Four of the five water storage tanks are shown in the Critical Infrastructure at Risk Map above.
The fifth water storage tank is located within the Arastradero Preserve near the Woodland Star Trail.
The City has also entered into emergency intertie agreements with neighboring water utilities to provide water into the Palo Alto system if needed. There are two interties currently constructed with Purissima Hills Water District: the first is near Highway 280 and the second is near Page Mill and Moody Road.
The City's water tanks, pumps, and piping are in areas of dense vegetation; wildfire hardening and vegetation management are critical to maintain defensible space and to mitigate ignition of combustible materials and heat damage within the water facility sites.
The water storage and distribution systems are designed for a singular structural fire; a wildfire with multiple structural fires will exceed the design demand and could cause depressurization of the water system. Burned services and private plumbing increases water loss, and water service curb stops (water service valve at the meter) may not be accessible to isolate water services in an individual pressure zone. There are 13 miles of city-owned roadway along Arastradero, Page Mill, and Los Trancos Roads. According to the Palo Alto Annex to the SCC MHMP, “power lines are occasionally de-energized in high wind events and similar conditions that may increase risk of wildfire. Although de-energizing lines reduces risk of igniting a wildfire, power interruptions can affect operations of other critical facilities, including water distribution facilities needed for fire response efforts.” The City of Palo Alto has undergrounded its above-ground electrical lines in the Foothills planning area, which significantly reduces the risk of ignition. However, the PG&E lines are still above ground. There are also additional underground electrical power and fiberoptic lines with supporting infrastructure along Page Mill Road, and as shown in the Critical Infrastructure at Risk map above and the Socioeconomic Values at Risk map below, a power plant/substation along Arastradero Road falls within the project area.
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Figure 26. Socioeconomic Values at Risk from the SCC CWPP.
As shown in the Socioeconomic Values at Risk map above, Palo Alto Fire Station 8 is in the Foothills Nature Preserve, along with the Foothills Interpretive Center (which also functions as an operations hub for Palo Alto Open Space Rangers), Arastradero Gateway interpretive center, a maintenance complex, three public restrooms, campsites, and picnic sites. In this area are also private residences in the Town of Los Altos Hills, Town of Portola Valley, City of Palo Alto, Santa Clara County, and San Mateo County; as well as neighborhoods/associations such as Altamont, Los Trancos Woods, Vista Verde, Blue Oaks, Portola Valley Ranch, Palo Alto Hills, Montebello, South Skyline, and others.
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Figure 27. Natural Values at Risk from the SCC CWPP.
As shown in the Natural Values at Risk map above, community values at risk include natural values such as the Foothills Nature Preserve and Arastradero Nature Preserve, which both provide recreational and ecological benefits to the community. Privately held recreation facilities, such as equestrian centers and the Palo Alto Hills Golf and Country Club are also at risk.
Portions of Stanford University are also at risk, including their Portola Pastures, the Stanford Dish and hiking area.
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Figure 28. Cultural Values at Risk from the SCC CWPP.
Although no Cultural Values at Risk in the project area are mapped above, the Palo Alto University campus is an educational resource located in the WUI.
18. Environmental Framework
The City of Palo Alto adopted a California Environmental Quality Act (CEQA) Mitigated Negative Declaration on the 2009 update to the Foothills Fire Management Plan (FFMP). The FFMP incorporated multiple environmental protection measures to be implemented at two parks, Palo Alto Foothills Park (now known as Foothills Nature Preserve) and Pearson Arastradero Preserve at that time. Attachment A contains a list of these measures (Mitigation Measures). In 2016, the City updated the FFMP wildland fire management recommendations based on modeling of the current wildfire threat. This update did not change the prescribed fire management techniques and thereby continued the use of the existing 2009 CEQA analysis. The City has reviewed the proposed 2025 updates to the 2016 FFMP and the potential environmental effects of implementing the project, as described below. Based on this information, the project can be found exempt from further CEQA analysis under CEQA Guidelines Section 15304 Minor Alterations to Land.
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19. Mitigation Projects and Prioritizations
The following project matrices have been developed by the community and Core Team to direct specific project implementation for communities in the Palo Alto WUI. The matrices below are tiered to the strategic goals presented in the body of the CWPP/FFMP through project IDs in the first column of each matrix.
Table 1.1 includes projects for creating fire adapted communities which includes public education, reducing structural ignitibility (the likelihood of structures catching fire), and hazardous fuels removal. Table 1.2 describes projects that encourage a safe and effective fire response.
Table 2 addresses projects for life safety, structure and infrastructure protection, ignition prevention, and containment. Life safety projects include firefighter safety zones and fuel treatments along evacuation routes. Meanwhile, structure and infrastructure protection projects concentrate on defensible space and hardening. Ignition prevention projects concentrate on picnic areas in Foothills Nature Preserve, while containment projects in both Foothills and Pearson-Arastradero Parks include prescribed fires and other fuel reduction treatments.
Table 1.1. Recommended Projects for Creating Fire Adapted Communities ( Public Education and Outreach and Structural Ignitability Projects) in Palo Alto Planning area
Project
ID Status Priority
(H,M,L)
Timeline
for
Action
Project Description Location
Land
Ownership/
Lead Agency
Methodology/Approach Serves To:
Monitoring/
Maintenance
Requirements
Funding
Sources
1.1.1 Ongoing M Per
schedule
Improve and maintain
existing fuel breaks
and potential fire
containment features
as described by
Table 2 of this plan.
Palo Alto
Planning
Area
Local Fuels reduction and fuel breaks
will help to limit the spread of
wildland fire and increase access
to difficult areas. Prescriptions
should be site specific depending
on the fuel type, topography, soils,
adjacent land management
practices and environmental
regulations.
Maintain existing fire breaks and
buffers
Look for opportunities to develop
and/or increase fire breaks to
double as access within the WUI.
Encourage clearance of an
additional width when possible.
Protect life and property
by mitigating fuels,
providing defensible
space for firefighters
protecting structures.
Create a fuel
arrangement unlikely to
support crown fire
Ensure the protection of
vulnerable ecosystems
and values at risk.
Regular
maintenance
needed to ensure
the fuel break
remains clear of
vegetation.
Monitor for
invasive species.
Continued
management of
fire breaks
maintained by
grazing, brush
breaking,
controlled by best
means available.
General
Funds
Hazard
Mitigation
Grants
CalFire
Grants
1.1.2 Ongoing M Annually Survey for dead and
dying trees and
conduct removal
Palo Alto
Planning
Area
Local Annual assessments during
seasonal work to identify dead and
dying vegetation.
Restore understory for
forest health, reduce
fuels
General
Funds
Item B
Attachment A - 2023 Santa Clara
Community Wildfire Protection Plan,
Annex 3 City of Palo Alto Community
Wildfire Protection Plan Foothills Fire
Mitigation Plan Update 2025
Item B: Staff Report
Pg.
53 Packet Pg. 509 of 578
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Page | 48
Project
ID Status Priority
(H,M,L)
Timeline
for
Action
Project Description Location
Land
Ownership/
Lead Agency
Methodology/Approach Serves To:
Monitoring/
Maintenance
Requirements
Funding
Sources
projects; remove
dead and dying trees.
1.1.3 Ongoing H During
each
planning
cycle
Continue to align the
CWPP/FFMP,
MJHMP, and General
Plan Safety Element
updates for
hazardous fuel
treatments.
Palo Alto
Planning
Area
Local Planning team members are
familiar with each of these plans to
insure their integration and
applicability.
Ensure consistency in
the approach to risk
mitigation, leverage
funding opportunities.
General
Funds
1.1.4 Ongoing L Through
out
planning
period
Work with local
Foothills community
to attain and maintain
Firewise USA
recognition
Palo Alto
Foothills
Communi
ty
Local Annual community preparedness
presentations. Fire Safe Council
resources and encouragement.
Reduce wildfire risks to
this community and
improve their
preparedness
Self-funded
but some
costs offset
with Fire
Safe Council
resources
1.1.5 Ongoing M Annually Palo Alto Fire
Department conduct
annual inspections to
encourage private
landowners to reduce
fuels around homes
and communities
Palo Alto
Planning
Area
Local Annual inspections by fire crews of
residential properties in the
planning area to provide
recommendations to minimize
hazards
Reduce likelihood of fire
ignition on the residential
property.
General
Funds
1.1.6 Ongoing L Routine
intervals
Educate citizens on
wildfire preparedness
topics: How to
achieve
contemporary WUI
code compliance in
retrofits/cost:
benefits; programs
available.
Palo Alto
Foothills
Communi
ty
Local Maintain WUI building codes and
enforce code compliance.
Incorporate these topics into
annual community preparedness
efforts
Reduce likelihood of fire
ignition on the residential
property.
General
Funds
Item B
Attachment A - 2023 Santa Clara
Community Wildfire Protection Plan,
Annex 3 City of Palo Alto Community
Wildfire Protection Plan Foothills Fire
Mitigation Plan Update 2025
Item B: Staff Report
Pg.
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Page | 49
Table 1.2. Recommended Projects for Safe and Effective Wildfire Response (Fire Fighting Capability Projects) in Palo Alto Planning area Project
ID Status Priority
(H,M,L)
Timeline
for Action
Project
Description Location
Land
Ownership/
Lead Agency
Methodology/Approach Serves To:
Monitoring/
Maintenance
Requirements
Funding Sources
1.2.1 Ongoing H Routine Maintain
CaliforniaAlert
Wildfire
Cameras at
Foothills Nature
Preserve and
Montebello
Reservoir
Palo Alto
Planning
Area
Local Video cameras maintain
connection on the
CaliforniaAlert Wildfire
system. These cameras
provide observation of smoke
plumes, fire ignitions where
resources can be directed.
Enable visual
observation of fires,
their precise location,
and effective
responses.
Routine review
of system status
during wildfire
season.
• General Funds
1.2.2 Ongoing H Routine Maintain N5
Shield Sensor
network
Palo Alto
Planning
Area
Local 12 N5 sensors monitor for
smoke and particulates in a
mesh type network across the
planning area. Sensors
provide notification of
concentrations of smoke or
high particulates for
evaluation by system
operator to determine
response requirements.
Triggers a team of
users to a possible
ignition where
resources can be
directed to determine
cause and implement
response if necessary.
Routine review
of system
performance
during fire
season.
• General Funds /
Grant funds
1.2.3 Planned L 2025 Maintain water
sources in the
WUI
Palo Alto
Planning
Area
Local Assess reliability of existing
water sources
Determine locations for
expanding water sources if
necessary and feasible.
Ensure water is
available for fire
department operations
in most risky areas.
• General Funds
• Mitigation
Funding
• Capital Funding
1.2.4 Planned M 2025 Implement
Evacuation
Planning
Palo Alto
Planning
Area
Local Develop evacuation plans
Synchronize evacuation
planning with Alert & Warning
systems
Consider tests, drills,
exercises to practice
evacuation plans
Improve the
preparedness of first
responders and the
community to perform
an evacuation
• General Funds
Item B
Attachment A - 2023 Santa Clara
Community Wildfire Protection Plan,
Annex 3 City of Palo Alto Community
Wildfire Protection Plan Foothills Fire
Mitigation Plan Update 2025
Item B: Staff Report
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Table 2. Project Description, Source of Work, Treatment Schedule, and Status, with Comments.
Designation Project Description Source of Work Treatment Schedule Status Date Comments
Life Safety
Foothills Nature Preserve
F.F1
Firefighter
Safety Zone
1 Trappers Ridge &
Los Trancos Trail
Foothills Nature
Preserve staff Annually Maintenance
Brushing, limbing, chipping not
done annually (3 years)
Designation Project Description Source of Work Treatment Schedule Status Date Comments
F.F2
Firefighter
Safety Zone
2 Trappers Ridge &
Madrone Fire
Road
Foothills Nature
Preserve staff Annually Maintenance Brushing, limbing, chipping not done annually (3 years)
F.F3
Firefighter
Safety Zone
3 Trappers Ridge
high point
Foothills Nature
Preserve staff Annually Maintenance Brushing, limbing, chipping not done annually (3 years)
F.F4
Firefighter
Safety Zone
4 Trapper Ridge
south end
Foothills Nature
Preserve staff Annually Maintenance Brushing, limbing, chipping not done annually (3 years)
F.E1
Evacuation
Route -
Page Mill
Road
Within PA City
from Foothills
Gate 1 to Foothills
Gate 4 (not
annual grass
cutting)
Contract
Required Every 3 Years Maintenance Shaded fuel break off roadway inside park (roughly alongside
road).
Item B
Attachment A - 2023 Santa Clara
Community Wildfire Protection Plan,
Annex 3 City of Palo Alto Community
Wildfire Protection Plan Foothills Fire
Mitigation Plan Update 2025
Item B: Staff Report
Pg.
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Page | 51
F.E2
Evacuation
Route - Park
Road
Entrance to
Maintenance
Yard to Las
Trampas Valley
Foothills Nature
Preserve staff Every 3 Years Maintenance Grasses annually, by park staff F.E3
Evacuation
Route - Park
Northwest
Interpretive
Center to the
600-700 block of
Los Trancos
Road
Foothills Nature
Preserve staff Every 3 Years Maintenance Grasses annually, by park staff F.E4
Evacuation
Route - Park
Northeast
Boronda Lake to
Alexis Drive
Foothills Nature
Preserve staff Every 3 Years Maintenance Grasses annually, by park staff
Designation Project Description Source of
Work
Treatment
Schedule Status Date Comments
F.E5
Secondary
Evacuation
Route -
Wildhorse
Valley
Wildhorse
Valley from
Towle
Campground
to Las
Trampas
Valley
Foothills
Nature
Preserve
staff
Every 3
Years Maintenance Grasses annually, by park staff
Pearson-Arastradero
A.E1
Evacuation
Route –
Arastradero
Road
Arastradero
Road
SCCFSC
Mowing
Contract
Annually Maintenance
Off-site
PA.1
Evacuation
Route-Page
Mill Road
Page Mill to
County
border near
Monte Bello
Open Space
Foothills
Nature
Preserve
staff
Annually Maintenance
Item B
Attachment A - 2023 Santa Clara
Community Wildfire Protection Plan,
Annex 3 City of Palo Alto Community
Wildfire Protection Plan Foothills Fire
Mitigation Plan Update 2025
Item B: Staff Report
Pg.
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PA.2
Evacuation
Route
Arastradero
Road
From Page
Mill to
Arastradero
Pk, and from
Arastradero
Pk to Los
Trancos
Foothills
Nature
Preserve
staff
Annually Maintenance
PA.3
Evacuation
on Los
Trancos
Road
between
Santa Clara
County
boundary
and Oak
Forest Court
Also noted
as FE6
Foothills
Nature
Preserve
staff
Annually Maintenance
Designation Project Description Source of
Work
Treatment
Schedule Status Date Comments
PA.4
Evacuation
Route
Skyline Blvd.
Skyline Blvd.
Hazardous
tree and
roadside
vegetation
removal,
through
Santa Clara
County
Every 3
Years
Planned,
One-time
treatment by
Santa Clara
County
Structure and Infrastructure Protection
Foothills Nature Preserve
F.D1 Defensible
Space
Entry Gate
and
Restroom
Foothills
Nature
Preserve
staff
annually Maintenance Done in conjunction with F.E1-E5
Item B
Attachment A - 2023 Santa Clara
Community Wildfire Protection Plan,
Annex 3 City of Palo Alto Community
Wildfire Protection Plan Foothills Fire
Mitigation Plan Update 2025
Item B: Staff Report
Pg.
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Page | 53
F.D2 Defensible
Space Station 8
Foothills
Nature
Preserve
staff
annually Maintenance Done in conjunction with F.E1-E5
F.D3 Defensible
Space
Restrooms
at Orchard
Glen
Foothills
Nature
Preserve
staff
annually Maintenance Done in conjunction with F.E1-E5
F.D4 Defensible
Space
Interpretive
Center
Foothills
Nature
Preserve
staff
annually Maintenance Done in conjunction with F.E1-E5
F.D5 Defensible
Space
Maintenance
Shop
Complex
Foothills
Nature
Preserve
staff
annually Maintenance Done in conjunction with F.E1-E5
Designation Project Description Source of
Work
Treatment
Schedule Status Date Comments
F.D6 Defensible
Space
Boronda
Pump
Station at
Campground
Utilities
funded on
CSD Trails
contract
annually
Maintenance,
planned
expansion
Expand to 100-ft, where practical.
F.D7 Defensible
Space Park Tank
Utilities
funded on
CSD Trails
contract
annually
Maintenance,
planned
expansion
Expand to 100-ft, where practical.
F.D8 Defensible
Space
Borunda
Water Tank
Utilities
funded on
CSD Trails
contract
annually
Maintenance,
planned
expansion
Expand to 100-ft, where practical.
F.D9 Defensible
Space
Dahl Water
Tank
Utilities
funded on
CSD Trails
contract
annually
Maintenance,
planned
expansion
Expand to 100-ft, where practical.
Pearson-Arastradero
Item B
Attachment A - 2023 Santa Clara
Community Wildfire Protection Plan,
Annex 3 City of Palo Alto Community
Wildfire Protection Plan Foothills Fire
Mitigation Plan Update 2025
Item B: Staff Report
Pg.
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Page | 54
A.D1 Defensible
Space
Gateway
Building and
Restrooms
Grassroots /
Parks Staff annually Maintenance
A.D2 Defensible
Space Pump Station
Utilities funded
on CSD Trails
contract
annually
Maintenance,
planned
expansion
Expand to 100-ft, where practical.
A.D3 Defensible
Space
Corte Madera
Water Tank
Utilities funded
on CSD Trails
contract
annually
Maintenance,
planned
expansion
Defensible space to be expanded to 100-ft,
constrained in treatment intensity by
riparian corridor
A.D4 Defensible
Space
Western
Water Tank
Utilities funded
on CSD Trails
contract
annually
Maintenance,
planned
expansion
Expand to 100-ft, where practical.
Designation Project Description Source of
Work
Treatment
Schedule Status Date Comments
Ignition Prevention
Foothills Nature Preserve
F.I1 Ignition
Prevention
Lakeside
Picnic Area Park Staff annually
Removed
from Project
List
BBQs removed June 2021
F.I2 Ignition
Prevention
Shady Cove
Picnic Area Park Staff annually Remove from
Project List
BBQs removed June 2021
F.I3 Ignition
Prevention
Encinal and
Pine Gulch
Picnic Areas
Park Staff annually Remove from
Project List
BBQs removed June 2021
F.I4 Ignition
Prevention
Orchard
Glen Picnic
Area
Foothills
Nature
Preserve
staff
annually Maintenance
Twice a year usually, as needed
Item B
Attachment A - 2023 Santa Clara
Community Wildfire Protection Plan,
Annex 3 City of Palo Alto Community
Wildfire Protection Plan Foothills Fire
Mitigation Plan Update 2025
Item B: Staff Report
Pg.
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Page | 55
F.I5 Ignition
Prevention
Oak Grove
Group Picnic
Area
Foothills
Nature
Preserve
staff
annually Maintenance
Twice a year usually, as needed
F.I6 Ignition
Prevention Towle Camp Park Staff annually Remove from
Project List BBQs removed June 2021
Containment
Foothills Park
F.C1 Containment Trappers
Fire Road
Mowing
Contract annually Maintenance
F.C2 Containment
Pony Tracks
south of
Trappers
Ridge
Foothills
Nature
Preserve
staff or CSD
Mowing
Contract
annually
Maintenance,
planned
expansion
Expand to upper end of the meadow (ridge
top mowing to the west)
F.C3 Containment
Pony Tracks
north of
Trappers
Ridge
Mowing
Contract annually Maintenance
Designation Project Description Source of
Work
Treatment
Schedule Status Date Comments
F.C4 Containment Bobcat Point Not covered Maintenance
F.C5 Containment North of
Entry Gate
Foothills
Nature
Preserve
staff
annually Maintenance
F.C6 Containment Valley View
Fire Road
Mowing
contract annually Maintenance
Mowing
Pearson-Arastradero
A.C1 Containment
Property
boundary
adjacent to
Liddicoat
Park Staff annually Maintenance
Discing
Item B
Attachment A - 2023 Santa Clara
Community Wildfire Protection Plan,
Annex 3 City of Palo Alto Community
Wildfire Protection Plan Foothills Fire
Mitigation Plan Update 2025
Item B: Staff Report
Pg.
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Page | 56
A.C2 Containment
Property
boundary
adjacent to
Stanford and
Portola
Pastures
Park Staff annually Maintenance
Discing
A.C3 Containment Redtail Loop
Area
Park Staff,
with
guidance
from
Grassroots
Ecology
annually Maintenance
Mowing/discing along Redtail
trail
A.C4 Containment
Property
boundary
adjacent to
Paso del
Robles
Park Staff annually Maintenance
Discing
A.C5 Containment
Property
boundary
Laurel Glen
– north
Park Staff annually Maintenance Challenging terrain, poor access; explore implementation options
Designation Project Description Source of
Work
Treatment
Schedule Status Date Comments
A.C6 Containment
Property
boundary
Laurel Glen
– south
Park Staff annually
Remove
from Project
List
Challenging terrain, poor access; explore
implementation options
A.C7 Containment
Property
boundary
west of
Meadow
Lark Trail
Park Staff annually Maintenance
Discing
A.C8 Containment
Property
boundary
adjacent to
former
private
research
facility
Park Staff annually Maintenance
Item B
Attachment A - 2023 Santa Clara
Community Wildfire Protection Plan,
Annex 3 City of Palo Alto Community
Wildfire Protection Plan Foothills Fire
Mitigation Plan Update 2025
Item B: Staff Report
Pg.
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A.C9 Containment
Property
boundary
adjacent to
John
Marthens
Lane
Park Staff annually Maintenance
Discing, mowing
A.C10 Containment
Arastradero
Creek (to
Juan
Bautista
trail)
Park Staff annually Maintenance
A.C11 Containment
Meadow
Lark to Juan
Bautista
Trail
Park Staff annually Maintenance
mowing
A.C12 Containment Meadow
Lark south Park Staff annually Maintenance
mowing
A.C13 Containment Bowl Loop
Trail Park Staff annually Maintenance
mowing
A.C14 Containment
Arastradero
to Rx fire
area
Park Staff Not
scheduled Maintenance
Designation Project Description Source of
Work
Treatment
Schedule Status Date Comments
A.C15 Containment Acorn Trail Park Staff Not
scheduled
Not
Maintenance
Narrow trail, not scheduled
A.Rx1 Containment
Juan
Bautista
Prescribed
fire north
Fire
Department
Not
scheduled Maintenance
Prescribed Fire Burn Area, Consider use of
BurnBot to create containment line
A.Rx1 Containment
Acorn Trail
Prescribed
fire south
Fire
Department
Not
scheduled
Maintenance
Prescribed Fire Burn Area, Consider use of
BurnBot to create containment line
AP1, 2 Eucalyptus
removal
Eucalyptus
removal
Contractor
City Staff
Not
scheduled
FNP1, 2 Eucalyptus
removal
Eucalyptus
removal Scheduled
2025
Item B
Attachment A - 2023 Santa Clara
Community Wildfire Protection Plan,
Annex 3 City of Palo Alto Community
Wildfire Protection Plan Foothills Fire
Mitigation Plan Update 2025
Item B: Staff Report
Pg.
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Page | 58
EC1 Eucalyptus
removal
Eucalyptus
removal Completed
Item B
Attachment A - 2023 Santa Clara
Community Wildfire Protection Plan,
Annex 3 City of Palo Alto Community
Wildfire Protection Plan Foothills Fire
Mitigation Plan Update 2025
Item B: Staff Report
Pg.
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Page | 59
19.1. Fuels Reduction Projects for Evacuation Routes
The most important goal for this set of projects is to reduce fire intensity near roads to allow firefighting vehicles to pass and ensure safe passage for staff and visitors to pre-determined safety zones, or safe locations out of the parks. In addition, the projects outside of the City parks/preserves are aimed at facilitating access and egress between different portions of Palo Alto’s wildland urban interface.
There are currently nine fuels reduction projects being conducted on evacuation routes within the Palo Alto project area, shown on Figure 30.
Treatments on evacuation routes leading out of the Palo Alto project area are currently being implemented, listed as PA 1 through PA4. Along the major Page Mill Road evacuation route, fuels are being treated from Foothill Park south to two stretches along Skyline Boulevard. Fuels are also being treated on Los Trancos Road between Santa Clara County boundary and Oak Forest Court. Within the Pearson-Arastradero Preserve, mowing is conducted annually along the Arastradero Road evacuation route.
Within the Pearson-Arastradero Preserve, mowing is conducted annually along the Arastradero Road evacuation route.
Within Foothills Nature Preserve, park staff are implementing four separate fuels treatments on three-year cycles to grass fuels along evacuation routes: on the Los Trampas Valley Road from the park entrance to the maintenance yard to Las Trampas Valley; from the Foothills Interpretive Center to the 600-700 block of Los Trancos Road; from Boronda Lake to Alexis Drive; and on the secondary evacuation route along Wild Horse Fire Road in Wildhorse Valley from Towle Campground to Las Trampas Valley. Also, within Foothills Nature Preserve, a shaded fuel break roughly along the Page Mill Road evacuation route between Foothills Gate 1 and Gate 4, was completed in August of 2022 and is planned to be refreshed in 2025-26.
Item B
Attachment A - 2023
Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
Update 2025
Item B: Staff Report
Pg.
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Page | 60
Figure 30. Map of priority fuels reduction projects for evacuation routes.
PA3
PA3
4 4
Item B
Attachment A - 2023
Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
Update 2025
Item B: Staff Report
Pg.
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Page | 61
19.2. Vegetation Management Projects
Vegetation management projects within the project area are organized around five specific categories: fuel modification for firefighter/life safety; structure and infrastructure projects – defensible space; fuel modification for ignition prevention; fuel modification for containment ease; and fuel modification for ecosystem health.
The goal of fuel modification projects for firefighter safety is specific to the safety of firefighters during emergency response when safe refuge comprised of low fuels is vital.
Structure and infrastructure – defensible space projects are intended to:
1) Reduce damage to structures, developed areas and critical infrastructure from wildfire by reducing flame length to two feet within 30 feet of structures by managing fuels per Defensible Space Guidelines in Appendix A of the CWPP/FFMP. In some cases, treatment will need to extend to 100 feet to reduce flames to two feet within thirty feet of a structure;
2) Minimize negative effects of fuel manipulation on wildlands; and 3) Reduce damage to wildlands from wildfire.
Ignition prevention fuel management projects rely upon fuel management, coupled with education, signage, and enforcement of park rules regarding fire safety, since ignitions from barbeques may occur in Foothills Nature Preserve. Under extreme fire weather conditions, the parks may be closed to the public. The fuel management will consist of:
1) Following standards for defensible space for a 30-foot radius from the barbeque site; and 2) Removing vegetation to create a non-combustible zone for a 10-foot radius from the barbeque site.
Ignition prevention treatments around barbeque sites
Item B
Attachment A - 2023
Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
Update 2025
Item B: Staff Report
Pg.
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Page | 62
Fuel modification projects for containment ease are designed to compartmentalize fuels to facilitate the containment and control of a fire. The treatment areas are positioned in strategic locations, usually on a ridgetop, with access, avoiding areas that would preclude the use of mechanical equipment such as steep slopes or riparian areas. Fuels are modified to reduce fire intensity and thus allow firefighters better access to the fire, making firefighting actions more effective. Fuel modification also creates more opportunities to backfire, which occurs during wildfires where fire suppression crews create large firebreaks in advance of the fire front. Fuel modification can also slow the spread of a fire, further enhancing fire control efforts. Where trees abut grasslands in the new fuel breaks, it is especially important to limb trees and remove shrubby understory from trees along the edge of the forest canopy to break vertical continuity between grass and tree canopy. This action will remove the “ladder fuels” that promote crown fires and hinder fire containment.
Fuel modification projects for ecosystem health are intended to reduce the invasion of coyote bush into grasslands and thus reduce expected heat output. The objectives are to maintain grasslands and restore the native pattern of vegetation on the landscape. Other fuel modification projects also enhance ecosystem health: Reducing the amount and height of understory shrubs creates a vegetative structure that is more open at the forest floor, with less biomass and is vertically discontinuous; this mimics the pre-fire-suppression era. This would be done either with goatherds or with hand labor forces.
Aside from evacuation route support treatments, four categories of vegetation management projects are ongoing within the project area: mowing; prescribed burns; firebreaks; and eucalyptus removal.
Within Foothills Nature Preserve, firebreaks are being implemented annually with a flail mower on a long stretch along Trappers Fire Road. Bobcat Point and Pony Tracks Fire Road via mowing contract, as well as by park staff in a small area along the project area boundary north of the park entry gate. Eucalyptus removal is also being planned for two locations within the park: northwest of the Interpretive Center south of the Arrillaga Property Lake, and in a very small cluster north of Boronda Lake.
Firebreak along Trappers Fire Road
Item B
Attachment A - 2023
Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
Update 2025
Item B: Staff Report
Pg.
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Within Pearson-Arastradero Park, two prescribed burn areas have been designated: the larger (ARx1) along a long swathe of Juan Bautista de Anza Trail, and the smaller (ARx2) on Acorn Trail a little farther south. Seven areas are being grazed annually (labelled on the corresponding map as AC1 and AC3-8), and six areas are being mowed annually (labelled as AC2 and AC9-13), with two more mowing areas designated but not yet planned (AC14, a former prescribed burn area along Arastradero, and AC15, a narrow portion of Acorn Trail that has not previously been mowed).
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Figure 31. Planned and existing hazardous fuels projects. The extent covers all planned projects.
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APPENDIX A
VEGETATION TREATMENT STANDARDS AND
METHODS
Treatment Standards for Vegetation Types
For each vegetation type group, the resulting fuel bed characteristics after treatment are described18. Following the vegetation prescriptions, a set of guidelines for creation and maintenance of a fire safe area (defensible space) around residences and other improvements are recommended. In all vegetation types, preference for removal should be given to non-native invasive species.
Prescription for Grasslands
• Mow or graze to no longer than 4 inches in height, or disc • Native grasses should be mowed to a height no shorter than 4 inches and may be mowed later in the year to accommodate seed ripening and seed distribution 19 • Maintain brush cover less than 30%
o less than 20% where slope steepness is greater than 20% o Requires annual treatment, usually requiring treatment of all grass near structures within 2 weeks of starting to mow.
• Alternatively, prescribed burn in late spring or early fall with a resulting cover of not less than 20%
Prescription for North Coastal Scrub and Chaparral
• Mow/grind to cut and mulch shrub tops within treatment area; alternatively,
18 These standards/prescriptions were initially developed by Amphion, Inc. for use by the FEMA-funded East Bay Hills Vegetation Management Consortium (VMC). These standards/prescriptions have been reviewed and adopted by the following agencies in the consortium: Cities of Berkeley, Oakland, and Piedmont; East Bay Municipal Utility District; East Bay Regional Park District; University of California; Lawrence Berkeley Laboratory; and PG&E. As part of the review process, a Citizen’s Advisory Committee and a Technical Advisory Committee, which were comprised by a cross- section of members of the public, reviewed and commented on the standards. The reference is Amphion Environmental, Inc. 1995. Fire Hazard Mitigation Program and Fuel Management Plan for the East Bay Hills, prepared for the East Bay Hills Vegetation Management Consortium, Oakland, California. 19 Grassroots Ecology is available to advise on the timing of native grass seed cycles, especially in relation to invasive weed seed cycles.
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• Create islands of less than 12 feet in diameter or 2 times the height of tallest shrub (whichever is smaller) can remain. Clumps should be natural in appearance including specimens of variable age classes
• Distance between islands shall be greater than 2 times the height of tallest shrub or a minimum of 8 feet, whichever is greater
• Retain between 20-30 percent of brush areas in brush crown cover • The removal of brush should be based on criteria which are listed in approximate order of importance to fuel management objectives:
o Relative flammability - remove the most flammable species first. o Plant vigor - remove shrubs of low vigor, dying or dead shrubs. o Sprouting capability - remove species with sprouting capacity first. o Effects of plant species on soils - i.e. retain shrubs with slope-holding capacity, that increase soil nutrients (ceanothus).
o Value for wildlife food and cover.
o Aesthetic values.
o The order of priority will change according to local conditions such as the relative abundance of each species. For example, where coffeeberry is not abundant, it may be placed high in priority to retain. Attempts should be made to maintain diversity of species.
• Maintain a crown cover of less than 30%
• Can convert to grass, especially in fuel breaks
• Maintain less than 20% dead material in the shrub canopy • Protect oak, madrone, buckeye and trees shorter than 6 feet in height. Cut out shrubs below drip lines and within 6 feet from edge of tree canopy • Anticipate 3-5 year treatment cycle
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Priority For Removal Follows: Remove Only If Necessary
chamise coffeeberry
coyote bush buckeye
poison oak ceanothus
Himalaya blackberry wild currant
northern sticky monkey flower California blackberry
coastal sage brush bush lupine
scrub oak madrone
manzanita toyon
oaks
Figure 1: Initial Priority of Removal for Brush.
Prescription for Oak Woodlands
• Prune branches up to 3 inches in diameter for a height of 8 feet. Prune up to a maximum of 1/3 the height of trees that are less than 24 feet tall. • Maintain under 5 tons/acre of duff no deeper than 3 inches. • Leave all trees bigger than 8 inches diameter. Leave 1/3 of the trees under 8 inches to retain a range of size categories and species. Maintain a stand density of less than 50 trees per acre as long as canopy is still closed. • Can mulch site to a maximum depth of 2 inches to prevent invasion of noxious weeds.
o Treatment cycle is from 7-10 years.
Prescription for Riparian Forest
Avoid treatment. Where necessary:
• Create or maintain an 8 feet vertical clearance between live needles and understory fuel. Remove all dead material. Prune branches up to 3 inches in diameter. Prune up to a maximum of 1/3 the height for trees less than 24 feet in height.
• Maintain less than 10 ton/ac. Depth of duff no greater than 5 inches. • Mulch to between 2 and 5 inches in depth.
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o Treatment cycle is between 10-15 years.
Defensible Space Guidelines
Palo Alto staff will be responsible for maintaining a 100 feet wide defensible space on all sides of any structure in the two parks. All dead plants and combustible materials shall be removed within 100 feet of each structure to establish and maintain a defensible space. Removal of combustible materials includes, but is not limited to, the following actions:
• Cut grass and weeds to less than 4 inches. Cutting of native grass and wildflowers may be delayed until after seed set unless they form a means of rapidly spreading fire to any structures.
• Remove all dead plant material from within 100 feet of each structure. This includes keeping the ground, roofs, decking, and balconies free of dead leaves, needles or other plant debris. This also includes removing from trees loose papery bark, and dead branches smaller than 3 inches in diameter, to 8 feet above ground. Remove all dead branches from within live ground covers, vines, and shrubs. Refer to Figure 1 explaining pruning.
• All live vines and live branches smaller than 3 inches in diameter shall be cut up to a height of 8 feet above ground. Figure 32 provides a description of pruning best practices.
Figure 2: Pruning Example.
Prune branches to a height of 8 feet above the ground. In young trees, prune branches on the lower one-third of the height of the tree. Do not disturb or thin the tree canopy, as this promotes growth in the understory, which is more easily ignited.
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• Remove plants as necessary to break vertical continuity between ground covers, shrubs, trees, and decks or overhangs on buildings. Vertical separation is the distance from the top of shrubs or ground cover to adjacent trees, designed to minimize the spread of fire to the crown of trees or structure roofs. Vertical spacing should be a minimum of 8 feet or 2 times the height of the understory plants to the leaves or needles of adjacent overstory trees, decks or overhangs, whichever provides greater separation. For overstory trees under 24 feet in height, the minimum clearance can be reduced to 1/3 of the overall height of the overstory tree provided this reduced clearance does not form a means of rapid transmission of fire.
• In areas without a tree overstory, create shrub islands per the standard for north coastal scrub. Within 100 feet of improvements, grass between shrub islands should be mowed when cured (dry).
• Remove all branches within 10 feet of any chimney or stovepipe including chimneys on adjacent properties.
• Chipped materials can remain on the site provided the chipped mulch layer is no greater than 2 inches in depth.
Description of Treatment Methods
Summary
Fuels can be removed on a large scale by grazing animals, mechanical treatment and prescribed burns. In small open space areas and around structures, hand labor is effective in reducing the fuel load. Eucalyptus tree removal may be effective in specific locations of high risk. Fuels can be redistributed on a large or small scale through mechanical treatments, such as mowing, discing, or grading.
In all the following treatments except hand labor, economies of scale are dramatic; the larger the project, the greater the efficiency.
Timing of Treatments
The timing of the initial or follow-up treatments is important to achieve the desired fuel management performance standards and resource management objectives. Given the variable nature of fuels through changes in weather and season over time, the schedule of the treatment may often be just as important as the type of treatment selected. For example, treatments in grasslands typically take place when grass cures or dries out.
Cutting grass too early will be ineffective, as the grass will usually grow back, negating the treatment. Conversely, cutting grass too late will leave the grass in a hazardous condition during periods of high fire danger. Fuel treatments also need to be conducted Item B
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when the weather is not too dry or windy, as some treatment types - especially mechanical treatments - may inadvertently start fires.
Timing the treatment methods appropriately can reduce potential impacts to special- status species or sensitive wildlife species. It is likely that there will be some months of the year when particular practices need to be implemented (e.g., pre-treatment nesting surveys or avoidance of breeding habitat) to avoid adverse effects to special-status species.
Timing treatments to either control or avoid the spread of invasive plant species or insect pests is also critical. For example, treatments performed when plants have set or are setting seed will spread the seed whether it is a native plant or invasive weed.
Treatments should therefore take advantage of differences in the timing of seeding of native plant species and avoid periods when invasive species are in seed. Pruning of pines and eucalyptus should be done when insect pests are not flying to minimize the associated spread and damage from these insects. Pruning should take place from November to April to minimize the susceptibility to bark beetles or red turpentine beetles. In most cases, the timing and method of treatment can be modified to accommodate local habitat needs and still reduce fire hazard to an acceptable level.
Hand Labor
Hand labor involves pruning, cutting or removal of weeds or shrubs either by hand or with hand-held equipment. This process is slow and expensive, but most selective and has little impact beyond the removal of the target plants. This technique generates considerable debris when pulling, pruning, and cutting vegetation. The debris is not always removed from the site due to the high cost of doing both the clearance and removal by hand. Not removing the debris, however, leaves a significant hazard, possibly greater than pre-treatment because the debris may be voluminous, dry, well aerated, and quite flammable. This method is most used by residents to reduce fuel volume on private lands, or by hand crews on short-term contract with the City of Palo Alto to reduce hazard adjacent to improvements. Hand crews are periodically available from CAL FIRE or other agencies to perform this work. Some expertise is required to work with trouble species such as poison oak, to prune oaks and control shrubs, and to identify new fuel hazards as they arise. Hand labor encompasses the operations of pruning and weed-whipping, tree removal, pruning, bark pulling, removal of dead wood within the tree/shrub canopy, litter removal and mulching, and establishing new plant material. Hand labor allows use of a wide variety of methods to reduce fuel load, including both chemical and mechanical treatments.
Hand Labor - Pruning Trees and shrubs must be hand-pruned to vertically separate fuels. Pruning lower branches of trees is usually done with a hand-held pole saw (with or without a motorized chain saw attached). Lower branches on shorter trees can be pruned with loppers.
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Hand Labor - Weed-whipping Like mowing, weed whipping reduces fire hazard by reducing the fuel height. However, it is done by hand to avoid harming rock outcrops and desired small plants (such as oak regeneration and landscape material). This treatment is generally limited to small material such as grass or short herbs. Weed whipping may be accomplished any time of the year, and regardless of whether the material has cured.
Weed whipping is performed with a hand-held, gas- or electric-powered tool that cuts grasses and very thin woody material with a fast-spinning fishing-line type of cutter.
Because this method is performed manually, it can be used to selectively remove certain vegetation. Most large woody stems are not cut by the treatment; however seedlings (such as oak seedlings) can be severely damaged. Treatments can be completed with greater care than the others (however the height to which plants are cut may be difficult to control if the operator is not experienced) and minimize soil disturbance and erosion.
It is also often the only type of treatment possible on steep slopes and in wooded areas.
The average weed whipping rate is 750 square feet/hour.
The schedule for a skilled laborer should be tailored to the timing of their tasks. For example, selective weed whipping of annual grasses before they set seed while leaving native bunch grasses until after these plants set seed can shift the proportion of vegetative cover over time to more bunch grasses. This shift in type of grasses can shorten the length of time the landscape is prone to ignition. Similarly, thistle reproduction can be minimized by cutting while they are growing, but before they set seed. Pruning should be done from November to April; this schedule avoids spreading destructive bark beetles and/or other pathogens.
The cost varies from $10,000 per acre to approximately $1,500 per acre, depending on the time of year, extent of project, and level of detail required. Publicly funded hand crews are sometimes available at much reduced costs to the city.
Mechanical Treatments
Mechanical treatments, including mowing, weed whipping, discing, and grading, rearrange rather than reduce the actual fuel load. Heavy machinery is usually used in flat areas where terrain and the presence of rocks or numerous trees do not prohibit travel. This type of machinery should not be used on slopes over 30% because of concerns for worker safety as well as erosion control and slope stability issues.
Heavy machinery: attachments to tractors (brush hogs, flail, mowers, tiger mowers)
Roadside mowing is a prime example of the use of heavy machinery with attachments.
A variety of attachments serve numerous purposes. For example, a brush hog attachment cuts and breaks brush plants off and produces a mulch of the brush debris.
Mowers that cut or flail grass and small woody plants are also attached to tractors.
Attachments (such as mowers) with articulated arms that reach as far as 20 feet away Item B
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from the tractor reduce the area over which the tracks must travel and offer more maneuverability. These articulated arms also cut and/or break off material. Heavy machinery is a moderately fast, and a relatively inexpensive treatment. There is little control over which plants are cut, but machines can travel around isolated areas of concern. Remote-controlled machinery is now possible, thereby reducing concerns regarding operator safety.
Heavy machinery should not be used when the ground is soft to prevent ruts and bared soil. Soil movement can be caused by all users on foot, bicycle, equestrian and vehicles (patrol vehicles and fire apparatus). Soil movement can be ruts or minor depressions, which will lead to large ruts or voids. This technique can be used at almost any other time of year, but is faster when done in the summer or fall when brush is brittle and grass has cured. It must not be used during times of high fire danger because the machines can start fires. The under-carriage of the machine and attachments should be washed off after use in areas of weed infestations.
Grading and Discing involves stripping a swath of land bare of vegetation with a tractor and blade. It is very effective in producing fire trails 8 to 12 feet across and as a maintenance tool for access routes. Generally, grading is done mid-spring, by a contractor when there is still residual moisture in the soil, but after the threat of spring rains has diminished20. Costs are reasonable, (from $100 to $300 per acre) and relate to the size of the project and condition of trail surface.
However, there are several disadvantages to this treatment. By removing all competing vegetation, grading creates an excellent establishment site for weedy species, which may be serious fire hazards. Untimely grading, for example, in mid-summer, can help sow seeds of weedy exotics, such as yellow star thistle, mustard and Italian thistle. In addition, annual grading causes soil disturbance and alters drainage patterns. Runoff, blocked from cross-drainage by the banks on either side of a graded fire trail, is redirected down the trail. This situation favors coyote bush and exotic grasses, leading to a shift in the grassland species composition. Grading spoils will need to be feathered into the sides or smoothed back into grading area annually.
Discing involves cultivating or turning over the upper 10" of soil, and produces an uneven surface with a discontinuous fuel distribution and is appropriate only if mowing or grazing is not applicable that year or in a specific location. Rate of production is quite high; normally the operator can disc land parcels of two acres or less within one day.
Discing is normally performed annually once grass has cured (so the grass will not grow back that season). A tractor with disker attachment can typically cultivate a swatch 15 feet wide in a single pass. While this is an effective barrier to surface fire spread, it is
20 Residual soil moisture makes the soil pliable or workable, and allows the soil to compact. When grading is performed when the soil is completely dry, the soil is very difficult to work. Pearson-Arastradero has high clay content soils and causes premature soil movement unless the contractor supplements soil moisture with a water truck, which is an additional expense.
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also an ideal disturbed area with prime growing conditions for weeds and distribution of their seeds. Surface erosion can be significant in areas prone to this process.
Grazing with Sheep and Goats
This method includes the intentional use of sheep and goats to consume vegetation thus reducing the amount or density of fuel. These types of livestock are not recommended to create a fuel break but can be used to maintain this type of pre- suppression feature. Similarly, livestock can prevent grasslands from shrub encroachment, and an oak woodland free of significant understory. The option is effective where the plants are palatable to the animals selected. Control of the livestock and prevention of the impacts of overgrazing is critical to successful use of this technique. As a fuel management technique, livestock need not graze every year.
Grazing can reduce or encourage weedy pest plants depending on the timing and intensity of grazing. A range management plan and a grazing monitoring program needs to be established to identify the impacts and ensure that the animals are removed once fuel management goals are met. Perennial grasses may require modifications from management of annual grasses using grazing animals. Because presence of healthy perennial grass stands has many benefits, these modifications are generally recommended. The benefits of perennial grasses are that they cure later in the season, which limits the opportunity for ignition. Mowing typically can be scheduled over a longer time period. Rotation of grazing animals is preferred over greater grazing pressure. Typically, perennial grasses react best when grazing is applied after seed maturation - from late spring through the fall. Goats may import seeds from another weedy site. The herd can be quarantined at goat herd’s ranch for three days where they will be fed alfalfa to clear out their systems. The herder can also use short-haired goats that will carry fewer seeds in their fur.
The herding instinct of sheep and goats allows professional herders to range in very mobile bands without the installation and maintenance of permanent fences. Portable electric fences are commonly used to help control the herd and the outcome of their grazing. Goats will browse materials up to 6 feet above the ground creating a desirable vertical separation between the canopy and ground cover. However, measures must be taken to prevent girdling of trees by goats browsing on bark. Herd movement has the advantage of breaking off dead material in a stand as well as punching a humus layer into the soil (if the ground is somewhat moist) and thereby removing available fuel.
Grazing treatments need to be repeated, however, following up or alternating with a different, complementary technique can extend its effectiveness.
If work is needed to be done during May-July, scheduling can present a challenge because many clients in the greater area desire the service at that time. To minimize the negative effects of grazing on a specific plant, goats should graze after seed set of that plant. During initial fuel reduction treatments, goats may be most cost-effective in the late fall or early spring when demand for their services, and possibly price are Item B
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reduced. Multi-year contracts, and contracts for larger areas typically lower the costs per acre. Providing a place where the herd can stay during the winter also lowers costs for treatment. Providing a water source for livestock is another way to reduce costs.
Water sources can be as rudimentary as a plastic wading pool or a portable trough.
A herd of 200-300 goats can generally treat one acre per day. Costs can vary from $300 to $1000 per acre with an average of $700 per acre, depending on fencing requirements as well as type and density of vegetation present. The cost includes transportation, the shepherd’s salary, supplements and healthcare for the goats, fencing and insurance.
Prescribed Burns
Prescribed burning reintroduces fire into the ecosystem as a "natural treatment" and can promote native flora and aid containment of fires by reducing fuel volumes.
Implementation of this technique is challenging within the City; exploration of ways to employ this treatment is ongoing. Remote-controlled machinery with a flaming element and extinguishment – which results in a linear burned strip - is being investigated. Two types of prescribed burning, pile burning and broadcast burning, are possible. Pile burning is more frequently conducted. In this type of prescribed burning, material is cut, then piled in distinct locations. Piles are separated by a distance that limits the contagion of fire from one to the next. These piles are usually ignited when weather would not allow fire spread outside the pile. This type of prescribed burning can remove a significant amount of biomass with decreased risk.
Prescribed burns are usually performed by the local fire protection district. CAL FIRE may be willing to participate in a limited broadcast prescribed burning program as part of their hazard reduction efforts within the Vegetation Management Program, even if the project area would be outside the State Responsibility Area. If burns were conducted by CAL FIRE, the State would not only assume liability, but also share costs. Regardless, it is likely that CAL FIRE and other nearby fire protection districts and departments would offer mutual cooperation and/or assistance.
Several precautions, such as installing firebreaks and notifying various agencies, must be taken before performing a prescribed burn. For broadcast burns, treatment boundaries are often road and trail crossings, which reduces the number of fire breaks that need to be created by fire personnel, thereby reducing labor costs and time needed to prepare for the burn as well as minimizing the amount of surface soil disturbance and potential for soil erosion.
Prescribed burning requires the development and approval of a prescription or burn plan, which is typically developed by the local fire protection district in consideration of fuel reduction requirements, local weather conditions, and available resources for fire management. The soot and smoke generated, as well as the chance of escape, make Item B
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prescribed burns a public safety concern. Planning and coordination with interested parties must be an integral part of the program.
Broadcast burning may occur throughout the year; however, it is usually conducted during late spring when the ground is still wet or during fall or winter after plants have completed their yearly growth cycle and their moisture content has declined. Spring burns are preferred by some fire staff to ensure a greater measure of public safety, however, there may be impacts to animal and plant reproduction activities. Fall burns are more closely aligned with the natural fire cycle found in California. If a prescribed burn were to be conducted in the fall, the period before leaves or new herbaceous material covers the slopes will be short (possibly a month or two).
Prescribed burning can enhance the local grasslands and promote the abundance of wildflowers. Any small oaks or shrubs to be retained will need to be protected during the burn to prevent their mortality. While the abundance of wildflowers the subsequent years is an appealing sight, the burned area will be temporarily blackened.
Eucalyptus Tree Removal
By removing eucalyptus trees their canopy no longer contributes to a fire in the form of a crown fire or ember production. Additionally, the production of surface fuels is reduced since biomass production (branches, leaves, duff etc.) is decreased. This technique has positive impact on reducing spotting potential, heat output, spread rate and, potentially, ignitability depending upon what replaces the overstory.
Tree removal varies from cutting of individual trees, to removal of entire overstory canopy. This process can be slow and expensive but can be selective with limited impact beyond the removal of the target plants (depending upon scale of removal).
Sometimes harvesting techniques can be quite rapid. If the whole tree is not harvested, the technique generates considerable debris (from tree branches) that should be removed using machinery to haul. The boles of trees hauled away and other debris should be either hauled away or may be burned later as a part of a prescribed burn (pile or broadcast). A portion of debris may be left as a sort of erosion control measure and to cover bare spots.
And bats may use eucalyptus trees as perches and nesting sites. Replacement perches and nesting platforms for raptors can be constructed, located, and installed prior to removal of the trees to minimize displacement of raptors. If the tree harbors a maternal bat roost, removal should be coordinated with the appropriate wildlife agencies, including the California Department of Fish and Game and possibly the US Fish and Wildlife Service. Volunteers can locate and construct the raptor perches and nesting platforms, with guidance from suitable experts (e.g. Audubon Society or the Point Reyes Bird Observatory).
Tree removal creates patches of disturbance by the removal operation. Subsequent treatment of the area is dependent upon the species that encroach into these patches.
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Removal of exotics or weed species on an annual basis should be anticipated until an acceptable stable vegetation type is re-established.
Sprout removal is often required as a follow up treatment, involving the application of herbicides and/or other techniques such as grinding the stump or placing plastic over the stump.
Herbicide Application to Control Invasive Plants
Using herbicides to control invasive plant species that exacerbate wildfire risk is used as part of an Integrated Pest Management21 program and in combination with other treatment measures (e.g., mowing, burning and hand removal). Application following another treatment method in which plants are trimmed or shortened can increase the effectiveness of the chemical treatment. Herbicides can also be used to kill herbaceous plants in exposed areas, such as roadside grass and weeds, and are typically applied while the grasses and weeds are still actively growing. Foliar treatments are generally not applied within seven days of significant rain because the herbicide may be washed off before it is effective, and not on windy days because of concerns for spray drift.
The use of Garlon 4 Ultra herbicide can be used to treat areas of eucalyptus resprouting, removing the need to completely uproot or grind down the eucalyptus stump. Foliar application of Roundup to eucalyptus re-sprouts is another typical, successful chemical treatment, and can be used to eliminate small-diameter fuels in areas of high ignition risk. The use of a thistle-specific herbicide, Transline, is effective in controlling the spread of yellow star thistle, artichoke thistle, and bull thistle.
Herbicides do not remove any vegetation from an area’s fuel load; the dead plant matter continues to exist at the site and could continue to be a fire hazard if not collected and disposed. Health, safety and environmental concerns have limited the widespread use of chemicals over the past 20 years, and repeated use of chemicals is not preferred due to the prevalence of unwanted species building resistance to herbicides. Additionally, concerns regarding water quality and other potential environmental impacts that may occur with prolonged use of and exposure to herbicides and other chemical applications further limit their frequent or widespread use as a treatment.
Application of herbicides is typically performed by hand, and can include sponging, spraying, or dusting chemicals onto unwanted plants. Hand application provides flexibility in application and is ideally suited for small treatment areas. Roadside application of herbicides may employ a boom affixed to or towed behind a vehicle.
Herbicide application requires specific storage, training and licensing to ensure proper and safe use, handling, and storage. Only personnel with the appropriate license are
21 Integrated Pest Management is a strategy that uses an array of biological, mechanical, cultural, and hand labor, to control pests, with the use of herbicides as a least-preferred method of control.
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allowed to use chemicals to treat vegetation. Herbicide application is also only applied per a prescription prepared by a Pesticide Advisor licensed in that county. Personal protection equipment is essential to limit personnel exposure to chemicals.
Best Management Practices
The protection and preservation of culturally and environmentally sensitive areas is one of the primary drivers for development of an updated Fire Management Plan. The development of a comprehensive plan not only protects these features from the effects of fire, but ensures that vegetation treatment, fuel management, or fire mitigation efforts are planned and executed in a manner that prevents potential additional adverse impact. The following steps are considered best management practices for the continued protection of environmental areas. These steps are ideally suited to on-going fire management planning and the execution of specific fire management actions described within this plan.
• Detailed site inventory prior to treatment to determine the location of sensitive sites. Exploration into the use of knowledgeable volunteers to conduct a more detailed, site-wide survey is warranted.
• Site planning and design to determine specific vegetation treatment actions based on fire management benefits, environmental impact, and required mitigation activities.
• Protection during vegetation treatment using best management practices tailored to impacted sensitive resources.
• Protection of disturbed environmentally sensitive areas following specific fire management actions.
The above vegetation treatment actions have been commonly used throughout the State of California. Through their implementation, a series of best practices has emerged to limit their adverse impact on the environment and to assist in the selection and planning of their application.
Hand Labor
Due to the direct relationship of personnel to the environment in which they operate, hand labor can represent an approach that provides the least adverse impact to environmentally sensitive areas. However, specific fire management goals and the characteristics of the sensitive area or resource must be assessed to develop an actual work plan and associated activities. The following management practices and considerations should be implemented during site planning and project execution.
Item B
Attachment A - 2023
Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
Update 2025
Item B: Staff Report
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2023 Santa Clara County Community Wildfire Protection Plan: Annex 3 City of Palo Alto
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• Provide or confirm adequate training, experience, and oversight to ensure that personnel are familiar with hand labor operations and planning, site conditions, potential and identified sensitive resources, and the identification of specific environmental features or conditions that must be avoided. • Avoid treatment actions during conditions that may affect water or run-off including during storms or severe weather or immediately following severe weather.
• Avoid excessive foot or vehicle traffic on slopes, unimproved or non-designated trails, or outside of preexisting roads or access points. • Inspect areas for nesting birds to determine if activity should be postponed or adjusted by the establishment of a buffer area.
• Clean all tools and equipment following actions and prior to movement into new environmental areas to prevent the spread of invasive or non-native plants.
Mechanical Treatments
Due to the potential for large equipment use, rapid action, and large-scale area operations, mechanical treatments can have significant adverse impacts on sensitive areas. As a result, pre-planning and site supervision are extremely important for any planned mechanical treatment actions. The following management practices and considerations should be implemented during site planning and project execution. • Provide or confirm adequate training, experience, and oversight to ensure that personnel are familiar with mechanical treatment operations and planning, site conditions, potential and identified sensitive resources, and the identification of specific environmental features or conditions that must be avoided. • Avoid treatment actions during conditions that may affect water or run-off including during storms, periods of precipitation, or immediately following severe weather. In addition, avoid scheduling any treatment actions during seasons with significant predicted precipitation. Cease operations or postpone planned operations including movement of vehicles or equipment during precipitation conditions that may combine with vehicle activity to cause damage to roads, trails, or adjacent land areas.
• Plan treatment actions and equipment selection to minimize damage or alterations to existing soils. Determine locations of potentially erosive soils prior to treatment. Restrict operations that may adversely affect sensitive soil systems such as serpentine soil areas, erosion prone soils, or riparian zones. Restriction may include using road-based operations only and avoiding riparian set-backs established by regulatory agencies.
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Attachment A - 2023
Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
Update 2025
Item B: Staff Report
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• Maintain a buffer of 25-50 feet between operations and water bodies or designated riparian areas. Avoid crossing drainage channels, run-off areas, or dry streambeds. Install and manage run-off barriers for rainwater in all treatment and operating areas. Restrict mechanical removal of trees to areas further than 50 feet from drainage channels.
• Restrict vehicle traffic to preexisting roads or pre-planned access points based on equipment size and operations. Limit transport and support equipment to existing roads. Limit heavy equipment use to slopes less than 30%. Install erosion control measures on all vehicle roads and traffic areas. • Maintain strict monitoring and control of fueling and maintenance operations. All maintenance actions that may produce spills should be executed in areas with secondary containment protection, away from any water bodies or drainage areas. Clean up of all spills should be done on-site, with materials ready for use.
Inspection of equipment for new leaks and mechanical problems should be performed daily, prior to operations.
• Inspect areas for nesting birds to determine if activity should be postponed or adjusted by the establishment of a buffer area.
• Clean equipment following actions and prior to movement into new environmental areas to prevent the spread of invasive or non-native plants. • Plan operations around expected seeding conditions of targeted species (either prior to or sufficiently afterwards) to ensure efficiency of treatment action. • Cease actions during periods of high fire danger or during red flag conditions.
Ensure that all mechanical equipment have approved spark arrestors and comply with California Public Resources Code (PRC) sections 4431, 4435, 4442, and 4437 to limit potential for ignition of incidental fires. • Maintain on-site fire suppression resources to include shovel, water pump, fire extinguisher, and two-way radio or communications for fire reporting.
Grazing with Sheep and Goats
• One of the primary adverse impacts of grazing is over-grazing and the resulting exposure of bare ground. Over-grazing can increase the potential for soil erosion, water run-off and drainage, elimination of native plant species, and spread of non-native plants and weeds. Prepare a grazing management plan by a certified range specialist that specifies goals, stocking levels, grazing periods, installation of range improvements (such as water sources) to evenly distribute utilization of feed, and monitoring and performance criteria.
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Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
Update 2025
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• Develop a site-specific annual grazing plan that includes project-level plans for stocking, timing, and resource management goals.
• Prior to introduction, all animals should be quarantined and fed weed-free forage to limit spread of invasive or unwanted plant species as well as prevent spread of livestock diseases.
• Limit grazing to non-riparian areas.
Broadcast Prescribed Burns
Prescribed burns can have significant impacts on sensitive areas both from environmental and cultural standpoint. The planning and execution of a prescribed burn must be carefully developed. A prescribed burn can adversely affect the duff layer, generate large and unpredicted amounts of smoke, and transition from a controlled event to one that is uncontrolled and dangerous.
• Provide or confirm adequate training, experience, and oversight to ensure that personnel are familiar with broadcast prescribed burn operations and planning, site conditions, potential and identified sensitive resources, and the identification of specific environmental features or conditions that must be avoided. • Develop a smoke management plan describing desired outcomes and specific actions for onsite personnel including a test burn, continual evaluation of smoke dispersal, monitoring of wind patterns, and monitoring of potential visibility impacts to primary roads and highways.
• Develop public safety plans to be executed throughout the prescribed burn cycle including press and information releases, signs and notifications, patrols on roads and access points, and development of a fire contingency plan. • Maintain a buffer between the prescribed burn area and water bodies or drainage into riparian zones. Buffers should be a minimum of 25 feet for 5% slopes, 75 feet for 5-10% slopes, and 250 feet for 10% or greater slopes. No prescribed fires should be ignited near streams or in riparian zones. • Plan the prescribed burn to minimize post-fire erosion into water bodies and drainages through natural barriers, proper construction of fire lines along contours, and proper erosion control barrier deployment. Minimize prescribed burning in areas with highly erodible soils.
• Cultural and social sites and structures shall be excluded from burn areas through planning, hand-lines, or other fire protection operations. On-site personnel will be briefed on locations and features of cultural or social sites to include incident command or response personnel. Avoid prescribed burns in areas with utility infrastructure, existing property or structures, or archeological sites.
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Attachment A - 2023
Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
Update 2025
Item B: Staff Report
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• Manage fuel moisture through pre-fire assessment and potential fuel modification. Prior to prescribed burn, remove ladder fuels into the tree canopy to increase safety and reduce torching.
• Conduct prescribed burns only on designated burn days as authorized by BAAQMD.
• Inspect areas for nesting birds to determine if activity should be postponed or adjusted.
Herbicide Application
The application of herbicides for vegetation treatment should focus on the goal of applying the least amount of chemical required to achieve a desired outcome, consistent with the City of Palo Alto’s Integrated Pest Management policy. Best management practices for herbicide application are centered on limiting adverse or unintended impacts of herbicides due to run-off, wind-spread, or post-treatment exposure. • Provide or confirm adequate training, experience, and oversight to ensure that personnel are familiar with herbicide operations and planning, site conditions, potential and identified sensitive resources, and the identification of specific environmental features or conditions that must be avoided. Herbicide application is only applied per a prescription prepared by a Pesticide Control Advisor licensed in that county, and applied by a licensed Pesticide Control Applicator. • Develop public safety plans to be executed throughout the treatment cycle including press and information releases, signs and notifications, and fencing or area restrictions.
• Develop a spill contingency plan and maintain strict monitoring and control of operations. Clean up of all spills should be done on-site, with materials ready for use.
• Chemical treatments within habitat of California Red-legged Frog should be conducted according to U.S. District Court injunction and order covering 66 pesticides (Oct 2006) and subsequent EPA effects determinations. • Clean equipment following actions and prior to movement into new environmental areas.
• Avoid treating areas adjacent to water bodies, riparian areas, and primary drainage access. Follow all herbicide labels and directions in determining applications near water resources or riparian habitats. Limit aerial application to greater than 100 feet from water resources. Limit ground and hand application to greater than 50 feet.
• Avoid treating areas used for livestock operations or intended as grazing areas.
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Attachment A - 2023
Santa Clara Community
Wildfire Protection Plan,
Annex 3 City of Palo Alto
Community Wildfire
Protection Plan Foothills
Fire Mitigation Plan
Update 2025
Item B: Staff Report
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City of Palo Alto Transmittal for
Community Wildfire Protection Plan / Foothills Fire Management Plan Update 2025
1. The City of Palo Alto has updated the pre-existing Community Wildfire Protection Plan (CWPP) dated 2017 and the Foothills Fire Management Plan (FFMP) dated 2016. This new 2025 update replaces both pre-exiting plans and now serves as the current version of the CWPP/FFMP.
2. The Healthy Forest Restoration Act of 2003 recommends the implementation of wildfire protection plans for communities that have a wildfire threat. In compliance with this Act, three signatures are required from applicable local government - the City Manager, the local fire department – PAFD Chief, and the state entity responsible for forestry – CalFire CSU Chief. Additional signatories can be added, OES Chief.
3. The undersigned herewith approves the City of Palo Alto Community Wildfire Protection Plan / Foothills Fire Management Plan Update 2025.
Signed effective (date): ______________
__________________________________
City Manager
Signed effective (date): ______________
_________________________________
Chief, Palo Alto Fire Department
Signed effective (date): ______________
_________________________________
Chief, Office of Emergency Services
Signed effective (date): ______________
_________________________________
Cal Fire - SCU
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Attachment B -
Transmittal of Signatures
CWPP 2025
Item B: Staff Report
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION ITEM
Lead Department: Administrative Services
Meeting Date: June 9, 2025
Report #:2412-3916
TITLE
Fiscal Year 2025 Third Quarter Financial Status Report
RECOMMENDATION
This report transmits information regarding the City of Palo Alto’s Fiscal Year 2025 Third Quarter Financial Status Report. CEQA Status -- Not a project.
EXECUTIVE SUMMARY
The purpose of this report is to provide the City Council with information on the financial status of the City’s General Fund and Enterprise Funds. This report is as of the end of the Third (3rd) Quarter of Fiscal Year (FY) 2025 (January 1, 2025, through March 31, 2025). The figures presented in this report are unaudited.
Third quarter results for the General Fund are fairly consistent with historical trends and it is expected that the fund will meet the adjusted budget. Staff will continue to review revenues and expenditures compared to the budget and bring forward information when available regarding budget to actual variances. As of the end of March, 63.5% of the revenue adjusted budget (before operating transfers) was received and 69.2% of the adjusted expenditure budget (before operating transfers) was spent. Seasonality of the City’s major tax revenues, specifically property tax and sales tax, are reasons why revenue received this time of year trends lower than 75%.
The Budget Stabilization Reserve (BSR) is $54.0 million at the end of the 3rd quarter and is projected to remain at this level through the year-end, which is 18.4% compared to the Adopted Budget. This level is slightly below Council’s 18.5% target, but it is within the policy’s 15-20% range.
All Enterprise Funds reported a positive change in net position through the 3rd quarter of FY 2025 except for the Airport Fund. The combined increase totaled $16.1 million, or 31.5%, higher than the same period of the prior fiscal year. The increase is primarily driven by the Electric Fund.
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BACKGROUND
Staff provide quarterly financial reports to ensure visibility of the City’s financial status. Staff provided the Mid-Year Budget Review to report on the financial status of major funds and the Capital Improvement Program as of the second quarter (Q2) of the current fiscal year and recommended adjustments to the Adopted Budget in February 20251. This 3rd Quarter Financial Report covers financial activity from July 1, 2024 to March 31, 2025 and compares those amounts to the same period of the prior fiscal year and to the FY 2025 Adjusted Budget. This report serves as a financial status update and does not include any budgetary adjustments for FY 2025.
In the discussion of the major tax revenue categories below, staff indicates generally how each category is trending compared to the adjusted budget from the FY 2025 Mid-Year Review.
ANALYSIS
General Fund
The General Fund 3rd Quarter Financial Report (Attachment A) contains a summary of major General Fund revenues by source and expenditures by department and the comparison between the FY 2025 Adopted Budget and Adjusted Budget. The Adjusted Budget column includes prior year commitments that were carried forward into FY 2025 and the City Council approved amendments to the FY 2025 Adopted Budget Year-to-Date (YTD).
The Adjusted Budget - Revenue and Sources (excluding Operating Transfers-in) includes a $2.5 million increase, a 1.0% increase over the FY 2025 Adopted Budget. Expenditures (excluding Operating Transfers-out) were also adjusted from $268.0 million to $293.8 million, an increase of 9.6% over the FY 2025 Adopted Budget. This increase includes reappropriations, encumbrances, and budget amendments. These changes can be viewed on City’s website2. 1 February 24, 2025 Council Meeting Item #9, Report # 2412-386:
https://portal.laserfiche.com/Portal/DocView.aspx?id=143359&repo=r-704298fc&searchid=8e6d8e8b-b20c-4fe0- a363-cfed4e064b50
2 Budget Adjustments and Monitoring
https://www.cityofpaloalto.org/Departments/Administrative-Services/Budget-Adjustments-and-Monitoring Item C
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Revenue Highlights for FY 2025 3rd Quarter YTD
The General Fund FY 2025 Adjusted revenue budget is $260.8 million (excluding Operating Transfers-in). The FY 2025 Adjusted Budget reflects a 5.4% increase in estimated revenues from the prior fiscal year. As of the end of the 3rd quarter, $165.5 million has been collected, or
63.5% of the adjusted budget. This percentage is not fully indicative of the expected full fiscal year receipts mainly due to timing of sales tax, property tax, transient occupancy tax and business tax received over the fiscal year. This level of revenue compared to budget is slightly lower than the 66.2% reported for the 3rd quarter of FY 2024 mainly due to the lower percentage of Charge for Services, attributable to a $2.5 million timing difference in billing for Stanford services and lower of Documentary Transfer Tax collections. As of the end of the 3rd quarter, major tax revenues total $104.1 million, or 62.1%, of the $167.5 million adjusted budget for these revenues.
All the major taxes except sales tax are higher compared to the same period of the prior fiscal year, indicating continued economic activity. The decline in sales tax primarily driven by auto sales and leasing reflects similar trends amongst other municipalities. The budget for sales tax was adjusted downward at FY 2025 mid-year, with offsetting higher revenues in other categories. Although most major tax revenue collection is trending higher than the prior year, ongoing economic uncertainty remains a concern that Staff continues to monitor The following table highlights the City’s major revenue sources for the 3rd Quarter Year-To-Date (YTD), compared to the same period of the prior fiscal year. Revenues are expressed as a percentage of the Adjusted Budget.
Table 1: General Fund Revenue
Revenues FY 2025 Inc / (Dec)% change FY 2025 % FY 2024 % Property Tax $43,926 $1,777 4.2% $68,319 64.3%$64,578 65.3%Charges for Services 24,837 (1,586) -6.0% 39,112 63.5%35,181 75.1%Sales Tax 20,611 (1,058) -4.9% 35,588 57.9%37,887 57.2%Transient Occupancy Tax 17,309 866 5.3% 28,345 61.1%25,547 64.4%Utility User Tax 14,166 1,125 8.6% 21,489 65.9%19,674 66.3%Permits, Licenses and Other Fees 6,689 (479) -6.7% 10,877 61.5%10,402 68.9%Documentary Transfer Tax 5,414 1,186 28.1% 8,550 63.3% 5,808 72.8%Business Tax 2,689 69 - 5,250 51.2% 2,451 0.0%All Other Revenue Sources 29,864 (362) -1.2% 43,259 69.0%46,017 65.7% Total Revenue $165,505 1,538 0.9%$260,789 63.5%$247,545 66.2% 3rd Quarter Actuals Adjusted BudgetFY 2024
FY 2025 3rd Quarter YTD(000's)
26,423
16,44313,041
$42,149
21,669
$163,967
7,1684,228
30,2262,620
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Property Tax
At the close of the 3rd quarter, property tax revenue receipts were $43.9 million, or 64.3% of the adjusted budget, and an increase of 4.2% over the same period in the prior fiscal year.
Property tax revenues are received from the County of Santa Clara during second, third, and fourth quarters of the calendar year. The compounded annual growth rate (CAGR) over the 5 years and 10 years for this revenue source has been 7.0% and 8.1%, respectively. For FY 2025, the certified secured and unsecured property tax assessed values (AV) growth rates are 4.78% and 5.58%, respectively, with a combined rate of 4.82%.
At the FY 2025 Mid-Year review, the property tax budget was revised downward by $0.3 million to $68.3 million. However, a February 2025 forecast from the County of Santa Clara’s Finance Agency and Office of the Assessor, the entities responsible for property tax billing, collection, processing adjustments such as sales and assessment appeals, projects FY 2025 revenue of $69.4 million. This represents a $1.1 million (1.6%) increase over the adjusted budget. Staff will continue to monitor property tax projections and update the Finance Committee and Council with any new information when it becomes available.
Excess Educational Revenue Augmentation Fund (ERAF) distributions from the County of Santa Clara in fiscal years 2021, 2022, 2023 and 2024 receipts were $5.6 million, $6.6 million, $6.4 million, and $7.0 million, respectively. Approximately 22% of Excess ERAF is from fiscal years 2021 to 2024 and 20% in FY 2025 is considered at risk due to the State Controller’s Office audit finding on Marin County Excess ERAF calculation methodology, which also applies to Santa Clara County. The County of Santa Clara has filed a lawsuit against the State Controller’s Office on this matter. As of June 30, 2024, the total excess ERAF reserve balance totaled $5.6 million for the at-risk amounts for fiscal years 2021 to 2024. The updated FY 2025 forecast assumes $1.5 million additional reserves for a potential loss based on the County’s recommendation.
Sales Tax
Due to the timing of sales tax collection and distribution by the California Department Tax and Fee Administration (CDTFA), third quarter sales tax only reflects seven months of sales activity (through January) and does not represent the full three quarters of the fiscal year. Actual year- end performance will not be known until August.
As of the third quarter, sales tax revenue totaled $20.6 million, 57.9% of the adjusted budget, and a $1.1 million or 4.9% decrease, compared to the same period in the prior fiscal year. This decline is primarily due to lower auto sales and leasing. FY 2024 experienced elevated auto sales and leasing due to post-pandemic pent up demand and attractive pricing for electric cars, resulted in higher sales tax collections; FY 2025 activity is expected to normalize to FY 2023 levels. However, federal policy actions may further negatively impact sales. In FY 2024, elevated car sales, driven by pent-up demand and attractive pricing for electric cars, resulted in higher sales tax collections. To align the budget with current trends, particularly weaker auto sales and leasing, staff recommended a $3.9 million or 11.2% reduction in the FY 2025 sales tax revenue budget in the Mid-Year Budget Review, revising the budget to $35.6 million. Staff expect that actual revenue for the year will meet or slightly exceed the adjusted budget.
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Transient Occupancy Tax (TOT)
TOT revenues reached $17.3 million at the end of the 3rd quarter, a 5.3% increase over the prior fiscal year and representing 61.1% of the adjusted budget. Although TOT trends for the first half of the year were mixed, cumulative year-to-date results have normalized, and staff expect year-end to close above the adjusted budget levels. The 3rd quarter results represent 7.5 months of TOT receipts due to up to 1.5-month timing delay in receipts.
As part of the FY 2025 Mid-Year Budget Review, the TOT budget was modestly increased by $0.5 million with a corresponding $0.2 million increase in the transfer to the Capital Fund for capital improvements. The revised total budget is $28.3 million, a 1.8% increase from the adopted budget, based on year-to-date performance. Of this amount, $14.5 million is anticipated to fund General Fund Expenses, while $13.8 million will be transferred to the Capital Improvement Fund to fund 2014 Council Infrastructure Plan capital projects and associated debt service costs.
Staff continue to monitor trends and conservatively estimate TOT levels based on recent trends and the economic outlook. As of writing this report, receipts for the full third quarter are 4.5% higher than the same period in the prior fiscal year. Average occupancy is 76.6%, a 1.5% increase, while the average daily room rate is $246.0, a 3.3% increase.
If current trends continue, receipts are likely to meet or potentially exceed the adjusted budget.
However, due to the consumer sensitivity of this revenue source, staff maintains the adjusted budget as an achievable target.
Utility User Tax (UUT)
UUT revenues total $14.2 million at the end of the 3rd quarter, an 8.6% increase over the prior fiscal year and 65.9% of the FY 2025 adjusted budget. The increase between current year and prior year collections is primarily driven by utility rate increases. The FY2025 Adjusted Budget revenue was revised to $21.5 million, an increase of $1.5 million, or 7.2% as part of the Mid- Year Budget Review. However, actual receipts are now expected to be lower than this projection due to the incorrect adjustment made at mid-year.
Documentary Transfer Tax
Cash receipts totaled $5.4 million, 63.3% of the FY 2025 Adjusted Budget and $1.2 million higher than prior fiscal year receipts for the same period. The number of transactions increased by 15.3% compared to the prior fiscal year’s 3rd quarter. The average median single residential home price, based on City’s property tax consultant HdL Coren & Cone, increased 20.2% to $4.2 million in the first calendar quarter of 2025 compared to the same quarter of the prior year.
This revenue source is considered volatile since it is highly dependent on both the sales volume and the mix of commercial and residential sales. Due to strong performance year-to-date, the FY 2025 Mid-Year Budget Review revised the projected documentary tax revenue upward by $1.3 million to $8.5 million. Staff continues to monitor these receipts closely due to significant fluctuations that can occur at any time, depending on real estate sales activity.
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Business Tax
Cash receipts totaled $2.7 million, 51.2% of the FY 2025 Adjusted Budget. The 3rd quarter results represent two quarters of business tax collections, due to a timing delay of up to one quarter in receipts. Businesses are required to file business tax quarterly, but it is due the first day of the following quarter and is delinquent 30 days later. The expectation is that the adjusted budget will be realized.
The tax was effective in January 2023, with the rate through January 2025 being 50% or 3.75- cents per square foot per month. The full rate was assessed starting January 2025 at 7.5-cents per square foot per month. The tax has an annual cap of $0.5 million per business and both the rate and the cap are increased by 2.5% annually beginning FY 2027. While tax began January 1, 2023, the first due date is January 2024 for the calendar year of 2023. After the initial first payment, filings shall be submitted on a quarterly basis.
Charges for Services
This revenue category includes charges to Stanford for fire services, the paramedic services, as well as fees related to the City’s golf course, class program, plan check, and street cut fees. As of the 3rd quarter of FY 2025, the revenues totaled $24.8 million, down by $1.6 million or 6.0% compared to the same period in the prior fiscal year. The year-over-year decline is primarily due to a $2.5 million timing difference in billing for Stanford fire services, which were invoiced in April 2025 instead of during the 3rd quarter as in prior fiscal year. Additionally, paramedic fees decreased by $0.3 million, driven by lower transport volumes and a higher allowance for uncollectible accounts. These decreases were partially offset by revenue increases in other areas. Programs, classes, and admission fees increased by $0.7 million, mainly due to higher demand for camps, middle school athletics, youth specialty classes, and children’s theatre programs. Golf course fees are also higher by $0.4 million as a result of increased usage. At the FY 2025 Mid-Year review, the revenue budget was revised upward by $0.6 million from $38.5 million to $39.1 million. Staff expect that actual revenue for the year to achieve adjusted budget.
Expense Highlights for FY 2025 3rd Quarter YTD
The General Fund FY 2025 Adjusted Operating expenditures budget is $293.8 million (excluding Operating Transfers-out). As of the end of the 3rd quarter, $203.2 million has been spent, or
69.2% of the Adjusted Budget. This spending level is 12.9% higher than the same quarter in FY 2024, primarily due to increased salaries and benefits (related to timing of pension accrual accounting) and contract services.
Table 2 highlights General Fund expenditures by department for the 3rd quarter of FY 2025, compared to the same period in the prior fiscal year. Year-to-date expenditures are presented as a percentage of the respective fiscal year’s Adjusted Budget.
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Table 2: General Fund Expenditures
As of the end of March 2025, with three-quarters of the fiscal year complete, total expenditures represent 69.2% of the adjusted budget. This is higher than the 63.1% recorded at the same period in the prior fiscal year primarily due to pension accruals that will be reconciled at year- end and reduced vacancy levels. Overall General Fund projected expense for FY 2025 is anticipated to come within or under the adjusted budget.
Given the organization’s service-driven nature, salaries and benefits comprise the largest portion of expenditures. Through the first nine months of FY 2025, salaries and benefits accounted for approximately 80.7% of the total adjusted budget in this category. This amount trends higher than three-quarters of the adjusted budget due to the above-mentioned pension accrual which will be reconciled in the fourth quarter. Projected salary and benefit costs are anticipated to come within or under the adjusted budget.
General Fund expenditures for salaries and benefits totaled approximately $146.0 million through March 2025, compared to $125.0 million for the same period in FY 2024. Key contributors to this increase include: an increase in regular salaries ($5.6 million), overtime ($2.2 million), pension contribution ($6.8 million, discussed above), and other benefits ($2.7 million).
In addition to salaries and benefits, the following departments experienced material variances.
Departments not explained below such as Library and Administrative Services had increases primarily due to higher salaries and benefits.
Community Services expenditures increased by $1.2 million, or 4.4%, compared to the same period in prior fiscal year, mainly due to a $1.6 million increase in salaries and benefits, and a $0.3 million increase in utility consumption costs. These increases were partially offset by a $0.7 million decrease in contract services, due to the timing of the Golf Management fee 3rd quarter payment, which was made in May 2025.
Expenditures FY 2025 FY 2024 Inc/(Dec)% change FY 2025 % FY 2024 % Police 45,946$ 40,022$ 5,924$ 14.8% 58,608$ 78.4% 52,241$ 76.6%Fire 43,900 35,545 8,355 23.5% 56,530 77.7% 47,529 74.8%Community Services 29,290 28,054 1,236 4.4% 42,821 68.4% 40,701 68.9%Public Works 17,355 15,501 1,854 12.0% 27,735 62.6% 25,763 60.2%Planning and Development Services 17,133 17,744 (611) -3.4% 29,336 58.4% 33,700 52.7%Library 9,701 8,293 1,408 17.0% 13,144 73.8% 12,599 65.8%Administrative Services 8,723 7,775 948 12.2% 12,267 71.1% 11,298 68.8%All Other Departments 31,167 27,109 4,058 15.0% 53,370 58.4% 61,492 44.1% Total Expenditures 203,215$ 180,043$ 23,172$ 12.9% 293,811$ 69.2%285,323$ 63.1% FY 2025 3rd Quarter YTD(000's)
3rd Quarter Actuals Adjusted Budget
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Public Works expenditures increased by $1.9 million, or 12.0% compared to the same period in the prior fiscal year. This increase is primarily due to a $0.7 million increase in salaries and benefits, contract services, and utility costs. The increases in contract services are mainly due to higher janitorial service contact and consultant fees. The increase in janitorial service contract, effective December 2023, was due to higher new wage and benefits standards, and additional City facilities and service frequency at some facilities. These were partially offset by the reduction in tree trimming services.
All Other Departments expenditures increased $4.1 million, or 15.0% compared to the same quarter in the prior fiscal year. The majority of this increase is due to the Non-Departmental, as well as all other departments such as Human Resources and City Manager primarily due to increases in salaries and benefits.
Non-Departmental expenditures increased by $1.2 million, or 10.8 % compared to the previous fiscal year, driven by the following:
•Contract Services-legal fees increased by $1.4 million due to the settlement of Green v. City of Palo Alto (Santa Clara Court Case No. 1-16-CV-300760)3. The increase was due to the final two payments toward the total legal fees of $4.3 million. Although the remaining balance of $2.7 million was originally scheduled to be paid over two years, the full amount was paid in FY 2025.
•Contract Services-outside services increased $0.3 million mainly due to expenses related to the Registrar of Voters for the Presidential General Election in November 2024.
•General Expenses – the remaining $6.6 million in customer refunds related to Green v. City of Palo Alto were scheduled to be paid over two years. These refunds were paid in full in March 2025, ahead of the original timeline. This accelerated payment schedule was implemented to complete the refunds sooner and reduce the administrative effort required to process. As a result, all remaining refunds to active gas customers were issued one year earlier than planned. The settlement terms allow for an accelerated payment schedule without penalty. In FY 2024 payment of first set of refunds issued to active class members and a lumpsum refund to inactive class members totaling $6.3 million resulting from the Green v. City of Palo Alto (Santa Clara Superior Court, Case No. 1-16-CV-300760) settlement 3. Total customer refunds are $12.9 million to be paid over three years.
3 Green v City of Palo is a class action lawsuit filed against the City in October 2016 that challenged the City’s gas and electric rates under Proposition 26. The trial court rejected plaintiff’s challenges to the City electric rates but found that gas rates constituted unapproved taxes in violation of article XIII C of the California Constitutions. In December 2023, the court issued a final order approving the $17.3 million settlement which consists of a $12.9 million refund to class members, a $7,500 service award for the class representative, and $4.3 million in attorney’s fees for plaintiff’s counsel.
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Police and Fire the total combined expenditures for the Police and Fire Departments accounted for approximately 45.0% of total General Fund expenditures through the 3rd quarter of FY 2025.
The table below provides a summary of salary and overtime expenditure for this period. A detailed analysis of net overtime costs for both departments is provided in Attachment B.
Table 3: Police and Fire
Police overtime is primarily driven by staffing shortages due to unfilled positions, absences and fluctuating service demands, such as major accidents. As of the end of the 3rd quarter, the department had nine vacancies (seven officers and two dispatchers). Of the 78 authorized Palo Alto Peace Officers’ Association (PAPOA) positions, 71 are currently filled. However, 10 officers (14%) are in training, eight (11%) are on long-term leave, leaving 53 (74%) available for duty.
Currently, 16 officers are assigned to specialized units: eight to investigations, three to traffic enforcement, two to personnel/training, two to special problems and one to the Psychiatric Emergency Response Team. This leaves 37 officers on patrol duties. These officers handle approximately 110 calls per day, conduct enforcement stops and engage in community outreach initiatives. The Department operates five patrol teams, each consisting of four to five members.
As a result of these staffing challenges, the Department is trending above budget for total salary and overtime, but Staff is working to bring the Department expenditures within budget by the end of FY 2025. The Department’s net overtime cost is $1.8 million after deducting the reimbursements and salary savings due to vacancies. Analysis is included in Attachment B.
Expenditures FY 2025 FY 2024 % change FY 2024 %Inc (Dec) Police - Salaries $16,454 $14,593 11.28% $23,194 21,956 66.5%Police - Overtime 2,678 2,421 11.06% 1,099 1,028 235.5%Total Police 19,132 17,014 11.24% 24,293 22,984 74.0% Fire - Salaries 15,079 12,387 12.17% 19,731 18,417 67.3%Fire - Overtime 4,449 2,991 14.87% 5,217 2,146 139.4%Total Fire 19,528 15,378 12.70% 24,948 20,563 74.8% Total Public SafetySalaries & Overtime 38,660$ 32,392$ 19.4% 49,241$ 43,547$ 74.4% FY 2024 Police salaries and overtime were restated to align classification with FY 2025. Total amounts are unchanged.
78.5%
76.4%85.3%78.3%
70.9%243.7%78.8%
3rd Quarter Actuals Adjusted BudgetFY 2025 %
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Fire overtime is mainly driven by the need to backfill vacancies to maintain the required staffing levels of 24 staffed positions daily to keep Fire Engines and Ambulances fully operational.
These vacancies caused by unfilled positions, injury leave, probationary training, or scheduled time off must be covered by overtime. During the 3rd quarter of FY 2025, six positions were vacant, and six employees were on injury leave, driving higher overtime. Additionally, the Fire Department deployed staff on 12 strike teams during the fiscal year, including for the Palisades fire. The Mid-Year Budget Review recognized $0.4 million in revenue to cover the overtime costs associated with these deployments.
Overtime costs also increased due to wage increases under the International Association of Fire Fighters (IAFF) agreement, which provided a 4% wage increase effective July 2024 followed by an additional 2% increase in January 2025. To address staffing needs, the Department hired 10 entry-level positions in the summer and sent them to the Fire Academy in October 2024. The academy lasts at least 20 weeks, and overtime is needed to cover daily staffing until the new hires are trained or authorized for assignments. These recruits were assigned in April 2025, with overtime for their backfill expected to decrease in the fourth (4th) quarter.
As a result of reimbursement funding for Strike Teams, and the shift of salary savings within the Department to overtime as part of the Mid-Year Budget Review, overtime is tracking higher and exceeded adjusted budget. Overall, the Department is trending above the budget for total salary and overtime but Staff is working to bring the expenditures within budget by the end of FY 2025. The Department’s net overtime cost is $3.5 million after deducting the reimbursements and salary savings due to vacancies. Analysis is included in Attachment B.
General Fund Budget Stabilization Reserve (BSR) Balance As a result of budget amendment actions taken in FY 2025, including the FY 2025 Midyear Budget Review,4 the Budget Stabilization Reserve (BSR) was $54.0 million at the end of 3rd quarter. This amount is $0.4 million below the City Council’s recommended target of $54.4 million, which represents 18.5% of the General Fund adopted operating expenditure. Per policy, the City maintains a BSR balance within a range of 15% to 20% of annual operating expenditures, with a target level of 18.5%. The FY 2026 Proposed Budget is projected to maintain the $54.0 million BSR balance at year end, which is 17.3% of expenditures and below the City Council’s recommended target level of 18.5% by $3.8 million. This BSR level is being sustained by using the Budget Uncertainty Reserve, which was specifically established to provide one-time bridge funding for community services and to help maintain reserve levels during periods of funding shortfall.
4 City Council Special Meeting, February 24, 2025, Agenda Item 9, Staff Report# 2412-3865 https://portal.laserfiche.com/Portal/DocView.aspx?id=143359&repo=r-704298fc&searchid=2eae0419-d2d8-4e62- ad7f-15b4cc0f3a08
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The Council proactively set aside funds in the FY 2023 Mid-Year Budget Review and established a Budget Uncertainty Reserve to provide bridge funding for community services in subsequent years. The FY 2025 adopted budget included a remaining Budget Uncertainty Reserve of $6.1 million and Council allocated $5.9 million as part of the FY 2025 Mid-Year Budget Review to set aside a total of $12.0 million for future budget year planning. The FY 2026 proposed budget relied on the full $12.0 million from the Budget Uncertainty Reserve, eliminating the balance and removing this one-time resource to address future deficits forecasted in the Long-Range Financial Forecast (LRFF). Subsequent discussions with the Finance Committee and City Council have revised the recommended use of the Uncertainty Reserve in FY 2026. Work continues on development of the FY 2026 Budget, scheduled for Adoption on June 16, 2025.
Enterprise Funds
The following is a summary of changes in net position for each of the Enterprise Funds for the nine months ending March 31, 2025, along with a comparison to the same period last fiscal year. Changes in net position reflect the results of operations for the period, including operating revenues, expenses, and non-operating items such as transfers and investment income.
Table 4: Enterprise Funds Change in Net Position
Water Fund increased by $4.6 million, or 153.7%, from the prior fiscal year, primarily due to higher retail revenues from customer sales and $1.2 million reduction in transfers to other funds. The increase in retail revenues was partially offset by higher commodity costs. Customer sales grew by $4.4 million, driven by a 9.5% overall rate increase effective July 1, 2024, and higher water consumption. Commodity costs are higher, as the wholesale commodity rate from IncreaseFunds FY 2025 FY 2024 (Decrease) % Inc (Dec)
Water 7,624$ 3,005$ 4,619$ 153.7%Electric 42,328 24,457 17,871 73.1%Fiber Optic 1,028 1,148 (120) -10.5%Gas 8,445 4,187 4,258 101.7%Wastewater Collection 2,762 728 2,034 279.4%Wastewater Treatment 2,754 10,112 (7,358) -72.8%Refuse 1,419 3,221 (1,802) -55.9%Storm Drainage 1,724 1,724 0 0.0%Airport (995) 2,451 (3,446) -140.6% Total Change in Net Position 67,089 51,033 16,056 31.5% FY 2025 3rd Quarter YTD
3rd Quarter Actuals
(000's)
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San Francisco Public Utilities Commission (SFPUC) increased from $5.21 to $5.67 per cubic feet, reflecting an 8.8% increase.
Electric Fund increased $17.9 million, or 73.1% compared to the prior fiscal year. This increase was primarily driven by higher operating revenues, partially offset by increased operating costs.
Operating revenues increased by $22.4 million, mainly due to a $11.4 million increase in customer sales, attributed to rate adjustments depending on the type of customers and levels of consumption effective July 1, 2024, the addition of a new data center, and higher commercial consumption. In addition, other operating revenues increased by $10.6 million, mainly due to higher revenue from renewable energy credit (REC) sales and resource adequacy sales.
The overall increase in operating revenues was partially offset by a $6.0 million increase in commodity purchases, and $1.4 million salaries and benefits. These were partially offset by a $3.0 million decrease in joint agency service payments to the Northern California Power Agency (NCPA), resulting from reduced debt service costs related to the Calaveras hydroelectric project and contract services.
Based on year-to-date financial performance, the Electric Fund is projected to end the fiscal year with a positive net position. This surplus will enhance the City's Supply and Distribution Reserve and Cap-and-Trade Reserve. Additionally, $1.6 million of the surplus will be allocated to the Hydroelectric Stabilization Reserves, raising its balance from $17.4 million toward the target of $19.0 million. Reaching this target will strengthen the City's ability to avoid activating the hydroelectric rate adjuster in the event of drier-than-average winters.
Gas Fund increased by $4.3 million, or 101.7%, compared to the same period in the prior fiscal year, mainly due to higher customer retail revenue and lower commodity purchases. Customer retail revenue increased by $3.2 million mainly driven by a 12.5% gas rate increase effective July 1, 2024, partially offset by decreased consumption particularly from commercial users.
Operating expenses decreased mainly due to lower commodity purchases due to lower commodity market prices and zero Renewable Energy Certificate (REC)purchases. These decreases were partially offset by higher salaries and benefits.
Wastewater Collection Fund increased by $2.0 million, or 279.4% compared to the prior fiscal year, mainly due to higher operating revenue primarily from customer sales, partially offset by an increase in operating expenses. The customer sales increase resulted primarily from 15.0% overall rate increase for residential and commercial customers, effective July 1, 2024. The rate increase allows the highest priority sewer mains to be replaced while allowing the reserves to gradually replenish before the next major project. The increase in operating expenses was mainly due to increased share of wastewater treatment costs, due to rising operational and minor capital expenses.
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Wastewater Treatment Fund decreased by $7.4 million, or 72.8%, compared to the prior fiscal year. This decrease is primarily due to the timing of 4th quarter billing to partner agencies, which was processed in March during FY2024, as opposed to April, in the current fiscal year. If billing had occurred in FY2024 in the same period as this fiscal year, the Fund would have resulted in an increase of approximately $1.6 million, or 114.0% primarily due to increased revenue from the partner agencies partially offset by higher operating expenses. The increase in revenue from partner agencies is due to several factors, including higher operating and maintenance expenses, increased salary and benefit costs, elevated permitting fees, and rising contract costs. These expenses are recovered from partner agencies, including the Wastewater Collection Fund, either quarterly or annually in accordance with their respective agreement terms. The billing is based on the FY2025 adopted budget, the prior year’s sewage flow, and each partner’s share of existing debt service. Any over or underbilling resulting from differences between the adopted budget and actual expense is reconciled at year-end, with either an additional charge or credit applied accordingly. The increase in operating expenses was mainly due to higher salaries and benefits.
Refuse Fund decreased $1.8 million, or 55.9%, primarily due to a $1.5 million increase in operating expenses driven mainly by higher salaries and benefits, as well as increase payments to GreenWaste of Palo Alto and GreenWaste Recovery resulting from payment timing and CPI adjustment.
Airport Fund decreased by $3.4 million, or 140.6%, primarily due to the $2.1 million reduction in grants received from the Federal Aviation Administration following the completion of the Airport Apron Reconstruction project in FY 2024. Operating expenses also increased by $1.1 million driven by higher salaries and benefits, cost plan charges and deprecation expenses.
FISCAL/RESOURCE IMPACT
There are no financial impacts recommended in this report. Staff will return to Council as part of the review of the FY 2025 Annual Comprehensive Financial Report with year-end budget adjustments to recommend any adjustments to align budgets with actuals.
STAKEHOLDER ENGAGEMENT
This report has been coordinated between the Treasury Division, Accounting Division, and the Office of Management and Budget in the Administrative Services Department, as well as with City departments.
ENVIRONMENTAL REVIEW
This report is for informational purposes only with no action required by the Council.
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ATTACHMENTS
Attachment A: FY 2025 3rd Quarter Financial Report
Attachment B: FY 2025 3rd Quarter Public Safety Overtime Analysis APPROVED BY:
Lauren Lai, Administrative Services Director
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BUDGET ACTUALS (as of 03/31/2025)
Adopted Adjusted Pre % of Adj
Categories Budget Budget Encumbr Encumbr Actual Budget* Revenues & Other Sources
Sales Tax 39,577 35,588 - - 20,611 57.9% Property Tax 68,623 68,319 - - 43,926 64.3% Transient Occupancy Tax 27,857 28,345 - - 17,309 61.1% Documentary Transfer Tax 7,260 8,550 - - 5,414 63.3% Utility Users Tax 19,943 21,489 - - 14,166 65.9% Business Tax 4,763 5,250 - - 2,689 51.2% Other Taxes and Fines 1,757 1,757 - - 594 33.8% Charges for Services 38,507 39,112 - - 24,837 63.5% Permits & Licenses 10,813 10,877 - - 6,689 61.5% Return on Investment 3,264 3,804 - - 2,573 67.6% Rental Income 16,367 16,367 - - 11,382 69.5% From Other Agencies 3,725 5,223 - - 3,024 57.9% Charges To Other Funds 15,096 15,096 - - 11,498 76.2% Other Revenues 781 1,011 - - 793 78.5% Total Revenues 258,333 260,788 - - 165,505 63.5% Operating Transfers-In 29,148 30,042 - - 22,531 75.0% Encumbrances and Reappropriation 16,093 33,469 - - - 0.0% Contribution from Development Services Reserves 682 682 - - - 0.0% Total Sources of Funds 304,256 324,980 - - 188,036 64.7% Expenditures & Other Uses
City Attorney 5,023 5,576 - 1,026 3,410 79.6% City Auditor 990 1,908 204 1,073 588 97.8% City Clerk 1,443 1,540 0 155 1,005 75.3% City Council 512 551 0 105 315 76.2% City Manager 5,592 5,850 30 286 4,298 78.9% Administrative Services 11,967 12,267 12 334 8,723 73.9% Community Services 41,159 42,821 324 4,934 29,290 80.7% Fire 55,008 56,530 16 473 43,900 78.5% Human Resources 5,509 5,987 0 97 4,286 73.2% Library 12,528 13,144 73 497 9,701 78.1% Office of Emergency Services 1,728 2,111 - 218 1,235 68.8% Office of Transporation 4,304 4,935 126 698 3,335 84.3% Planning and Development Services 24,327 29,336 208 4,912 17,133 75.9% Police 55,812 56,497 4 693 45,946 82.6% Public Works 24,856 27,735 346 4,960 17,355 81.7% Non-Departmental 17,265 27,023 20 523 12,697 49.0% Total Expenditures 268,021 293,811 1,362 20,984 203,215 76.8% Operating Transfers-Out 6,314 6,330 - - 4,735 74.8% Transfer to Infrastructure 32,526 36,735 - - 27,551 75.0% Total Use of Funds 306,861 336,876 1,362 20,984 235,501 76.5% Net Change to BSR (2,605) (11,896) (47,465)
Budget Amendments in the General Fund Authorized by Council thru 3/31/2025 Phase I of the Car Free Ramona Street Project
(12/16/24) CMR#2410-3668 (166)
FY25 Mid-year Budget Amendments (2/24/2025) CMR#2412-3865 (9,125) Total Budget Amendments Authorized by Council - (9,291) BSR Balance 63,331 54,040
BSR % of Adopted Total Use of Funds 20.6% 17.6%
(in thousands)
ATTACHMENT A
CITY OF PALO ALTO
GENERAL FUND THIRD QUARTER FINANCIAL REPORT
Fiscal Year Ending June 30, 2025
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Attachment C
2023 2024 2025 Q3
POLICE DEPARTMENT
Overtime Expense
Adopted Budget (A) $972,512 $1,028,988 $1,098,939
Modified Budget (B) 972,512 1,028,988 1,098,939 Net Overtime Cost - see below 1,107,518 1,160,290 1,863,857 Variance to Budget (135,006) (131,303) (764,918) Overtime Net Cost
Actual Expense $2,940,019 $3,467,691 $2,677,774
Less Reimbursements
Other Program Reimbursements 878 259,747 - California OES/FEMA (Strike Teams) - - - Stanford Communications 124,868 99,161 85,354 Utilities Communications Reimbursement 64,599 56,429 53,108 Local Agencies (C) 4,949 6,574 4,840 Police Service Fees 100,413 117,433 89,654 Total Reimbursements 295,707 539,345 232,956 Less Department Vacancies (A) 1,536,794 1,768,057 580,962 Net Overtime Cost $1,107,518 $1,160,290 $1,863,857
Department Vacancies (number of days) 4,876 5,419 1,655 Workers' Compensation Cases 23 21 10 Department Disabilities (number of days) 739 381 529
FIRE DEPARTMENT
Overtime Expense
Adopted Budget (D) $2,124,054 $2,146,234 $2,721,066
Modified Budget (E) 3,801,054 2,146,234 5,216,682 Net Overtime Cost - see below 1,740,750 1,734,841 3,470,695 Variance to Budget 2,060,304 411,393 1,745,987 Overtime Net Cost
Actual Expense $3,589,198 $4,099,233 $4,449,462
Less Reimbursements
California OES/FEMA (Strike Teams) 341,629 - 512,553 Fire Station 8 Fire Services 272,267
Total Reimbursements 341,629 - 784,820 Less Department Vacancies (D) 1,506,819 2,364,392 193,947 Net Overtime Cost $1,740,750 $1,734,841 $3,470,695
Department Vacancies (number of days) 4,105 5,297 2,588 Workers' Compensation Cases 32 8 8 Department Disabilities (number of days) 484 274 230 NOTES:
(A) The FY 2025 Police Department budget was increased by 1.0 Police Lieutenant. (B) Police Department adopted budget has not been adjusted in FY 2025. (C) Includes Animal Control Services contract with Los Altos and Los Altos Hills. (D) The FY 2025 Fire Department budget was increased by 3.0 Fire Fighters. (E) As part of the FY 2025 Mid-Year Review, City Council approved actions that will result in a Fire Department overtime budget of $5.1 million, including shifting $1.0 million of vacancy savings for overtime.
Public Safety Departments
Overtime Analysis for Fiscal Years 2023 through 2025
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3rd Quarter Public Safety
Overtime Analysis
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City Council
Staff Report
From: City Manager
Report Type: INFORMATION REPORTS
Lead Department: Administrative Services
Meeting Date: June 9, 2025
Report #:2503-4412
TITLE
Print Shop Status Report - 18-Month Update; CEQA Status – Not a Project
RECOMMENDATION
This is an informational report and no action is required.
BACKGROUND
On November 13, 2023, Council approved to keep the Print Shop operations in house and maintain current service levels1. The recommendation also included providing Council with a status update within 18 months, which is the purpose of this report.
The review in 2023 included a request for proposal (RFP) process that provided important information to inform the recommendation to keep print shop services in-house. The factors contributing to the recommendation included customer service, customer experience, personnel development, change management, timely delivery, and cost. Having an in-house print shop offers city departments personalized customer service and fast delivery of same day print jobs. While the inhouse print shop was not the least costly option reviewed in the RFP it offered the best turnaround times and customer experience at a reasonable cost that was considerably below the highest bid. Over the past year and a half, it has been shown that meeting customer needs for quick turn around and customer service overall has served the city well.
At the same time certain changes are expected that will impact the future ongoing service provision of the print shop. Chief among these is the planned outsourcing of utility bill printing.
This change will reduce the workload in the print shop by roughly 12% before the possibility of 1 Finance Committee, November 13, 2023 Recommendation to Maintain Current Service Delivery Model for Print and Mail Services
https://cityofpaloalto.primegov.com/api/compilemeetingattachmenthistory/historyattachment/?historyId=c4209 b4b-60da-4bae-b477-32db6dfef76d
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increasing the workload with new opportunities after utility bill printing is fully outsourced. This is expected by late 2025. New opportunities may include keeping overflow jobs in-house rather than being sent out to vendors, and potentially expanded services such as printing posters, which would require financial investment in new machine(s).
In the past 18 months several improvements have been implemented in the print shop, and they are explained in the remaining staff report.
ANALYSIS
Staff has hired two full-time benefited Offset Equipment Operators who handle the printing and mailing services. With having permanent staff, updated equipment and new online forms, the print shop is making progress towards modernization. Our goal is to continue to make improvements and to provide excellent customer service as well as explore the possibility of offering new services. With the upcoming outsourcing of utility bill printing and expected continued cost pressures, staff will continue to evaluate the value of offering in-house print shop services with high customer service and quick turnaround versus outside alternatives and tradeoffs. Updates in the past 18 moths include process, equipment and facility improvements to aid in finishing print jobs and serving customers. Staff also updated our equipment with 2 new Xerox copiers VR280 (Vesant 280 Press) which is a color printer and DPS 120 (Nuvera 120 EA system) which prints in black and white with a print speed of 120 pages per minute.
On the workload side in the past six months, Print Shop staff have mailed out 208,273 pieces of mail. This includes 120,204 utility bills, 30,317 letters, 52,805 postcards, and 4,947 packages.
Their print jobs range from basic copies, brochures, postcards, flyers, posters, note pads, bookmarks, and training manuals. Below you will find Table 1 with the number of print job requests by each department since the new intake and tracking form has been in place.
Following that is Table 2 with the estimated distribution of time across the different workload categories.
Table #1 Printing Jobs
Print Jobs by Department (6 Months Ending April 2025)
Department # Jobs
Planning 181
Children's Theatre 88
Public Works 74
Community Services 66
Development Services 30
City Manager's Office 27
Utilities 25
Art Center 22
Revenue Collections 22
Police 18
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Table #1 Printing Jobs
Print Jobs by Department (6 Months Ending April 2025)
Department # Jobs
Office of Transportation 16
Library 13
Mitchell Park Community Center 9
Customer Service 8
Office of Emergency Services 8
Animal Control 4
City Clerk's Office (does not include Council packets) 4 Office of Sustainability 4
Human Resources 3
ASD 2
Junior Museum 2
Airport 1
Facilities 1
Total 628
Table #2 Printing and Mailing Jobs
Work Performed (6 months ending April 2025)
Type # Jobs
Items Mailed 88,069
Utility Bills Mailed 120,204
Print Jobs - In House 653
Print Jobs Sent Out (external vendor) 66
Council Packets 292
Staff plans to begin promoting the services the print shop can do in-house to City Staff. We will also investigate what jobs the departments are currently outsourcing and how we can bring them back in-house. This could open an opportunity to expand print shop services to other areas such as poster printing and envelopes, which require additional financial investments in equipment or machine(s).
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FISCAL/RESOURCE IMPACT
This is an information report and does not have a fiscal impact. The Print Shop budget of approximately $1.7 million for the FY2025 Adopted Budget and FY 2026 Proposed Budget are summarized in table 3 below.
Table #3 Printing and Mailing
Expenses and Revenues
FY 2025
Adopted
FY 2026
Proposed
Expenses /Expenditures $1,679,209 $1,660,237
Salary and Benefits $298,047 $268,155
Allocated Charges $364,962 $361,582
Contract Services $356,000 $366,800
General Expenses $252,900 $252,900
Rents and Leases $232,300 $235,800
Supplies and Materials $175,000 $175,000
Revenues / Funding Source $1,659,000 $1,543,440
Charges to Other Funds $1,654,000 $1,528,550
Operating Transfers-In $10,000
Return on Investments $5,100 $4,890
STAKEHOLDER ENGAGEMENT
Print shop staff work closely with staff in city departments to receive and process print job requests. City staff have a new opportunity to provide feedback via a survey at the completion of print jobs. The responses received since the survey was implemented have been positive.
Feedback has been received from the Community Services Department, Administrative Service Department, Development Center and the City Manager’s Office.
ENVIRONMENTAL REVIEW
This is item is not a project as defined by the California Environmental Quality Act (CEQA) because the report is for informational purposes only with no action required by the Council.
ATTACHMENTS
None.
APPROVED BY:
Lauren Lai, Administrative Services Director
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City Council
Staff Report
From: City Manager
Report Type: ACTION ITEMS
Lead Department: Planning and Development Services
Meeting Date: June 9, 2025
Report #:2506-4802
TITLE
LEGISLATIVE. Adoption of a Temporary, Emergency Ordinance Amending Title 18 and Title 21 to Reflect Changes in State Law in Accordance with Senate Bill 1123 and Related Direction to Staff Regarding Updates to the Land Use Element of the Comprehensive Plan. CEQA Status: Exempt Pursuant to Government Code Sections 65852.28 and 66499.41.
RECOMMENDATION
Staff recommends the City Council:
1. Adopt the attached ordinance (Attachment A) by a four-fifths majority (six affirmative votes), temporarily updating Title 18 and Title 21 of the Municipal Code in accordance with recent changes in State law.
2. Direct staff to update the Land Use Element of the Comprehensive Plan to more specifically differentiate single-family, low-, medium-, and high-density residential land use designations.
EXECUTIVE SUMMARY
This report recommends City Council adoption of a temporary, emergency ordinance amending Palo Alto Municipal Code Titles 18 and 21 to implement Senate Bill 1123, which takes effect on July 1, 2025. SB 1123 expands the Starter Home Revitalization Act to permit ministerial approval of small-scale residential subdivisions—up to 10 units—on qualifying vacant lots zoned for single-family use, subject to specific development standards and site criteria.
The proposed ordinance updates local code to reflect these standards, including provisions for minimum lot sizes, setbacks, height limits, floor area ratios, and parking. It also establishes a minimum lot size for permitting accessory dwelling units (ADUs) on subdivided parcels, while preserving local discretion to apply objective design and development standards that remain consistent with State law.
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Staff further recommends that Council direct updates to the Land Use Element of the Comprehensive Plan to better differentiate between residential land use categories, in response to recent amendments to State Density Bonus Law that affect how base density is calculated.
BACKGROUND
Senate Bill (SB) 684 (California Government Code 65852.28, 65913.4.5 and 66499.41), adopted in October 2023 and effective July 1, 2024, modified the Starter Home Revitalization Act, allowing for ministerial review of subdivisions for up to 10 units on sites zoned multi-family and meeting specific criteria. Specific criteria included, but was not limited to, a requirement that the lot is zoned for multifamily residential development, is no larger than five acres, and is not located within certain areas (e.g. flood zone). Criteria also generally included requirements that the housing development project on the lot proposed to be subdivided will contain 10 or fewer residential units and that the newly created parcels are no smaller than 600 square feet. On April 7, 2025, the City Council adopted an ordinance implementing SB 684. No projects have been proposed in accordance with SB 684.
SB 1123 (California Government Code Section 65852.28 and 66499.41) adopted September 19, 2024, and effective July 1, 2025, expands existing law under the Starter Home Revitalization Act to include vacant lots zoned for single-family residential development that are no larger than
1.5 acres and that meet other specific criteria. SB 684 and SB 1123 are intended to facilitate the development of smaller-scale ownership housing, often referred to as “missing middle” housing. The legislation limits the average size of dwelling units to 1,750 habitable square feet and streamlines the subdivision process, allowing for the individual sale of units.
To the best of staff’s knowledge there are approximately 20 vacant lots in the R-1, RE, RMD, and R2 zones that would be potentially eligible to utilize SB 1123, approximately half of which are under 0.5 acres. SB 684 and 1123 authorize local jurisdictions to adopt implementing ordinances that may impose objective design standards and other regulations, so long as they remain consistent with state law and do not preclude development at the “Mullins” density (30 du/ac). Staff is aware of one property owner who has expressed potential interest in utilizing SB 1123.
ANALYSIS
The following are changes proposed to Title 18 and Title 21 of the Zoning Ordinance to align the code with State law and to execute local authority in accordance with State law.
Title 18
The attached temporary, emergency ordinance amends Palo Alto Municipal Code (PAMC) Chapter 18.42 to add a new subsection (18.42.220). The proposed code section sets forth the applicability of these State laws, clarifies the application process, and indicates the development standards and general requirements that would apply. The proposed ordinance Item AA1
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generally refers to State law rather than setting forth the nuances of the State regulations, except where the City is provided discretion. Generally, the State law applies to the following sites:
•Sites zoned for Multi-family development and meeting the following criteria:
oThe lot is no larger than five acres and is substantially surrounded by qualified urban uses.1
•Sites zoned for Single-family development and meeting the following criteria:
oThe lot is no larger than 1.5 acres and is substantially surrounded by qualified urban uses; and
oThe lot is vacant. 2
Additionally, the law does not apply to the site if the site:
•Is located on Prime Farmland or Farmland of Statewide importance; •Contains wetlands;
•Is located in a Very High Fire Hazard Severity Zone;
•Is a hazardous waste site that is listed pursuant to Section 65962.5 (Cortese list), except in certain instances;
•Is within a delineated earthquake fault zone; or
•Is within a special flood hazard area subject to inundation by the one-percent annual chance flood (100-year flood), except in certain instances.
The lists above are not exhaustive and are intended to provide the general parameters of the State law for Council and the public’s benefit. California Government Code Section 65852.28, as amended in accordance with SB 1123, provides additional details and nuanced exceptions. Key site and development standards set forth in the State law with respect to the future development includes the following:
•Parcel Size:
oFor sites zoned for multi-family development, the newly created parcels are no smaller than 600 square feet. [Already addressed in PAMC Chapter 21.11] oFor sites zoned for single-family development the newly created parcels are no smaller than 1,200 square feet.
•Height: For development on a site zoned single-family, the City may enforce a maximum height limit that is no less than that of the underlying zone district. •Setbacks: Minimum Setbacks shall be no more than four feet from the original side and rear lot lines except that no setback shall be required for an existing structure, In 1 Where substantially surrounded is defined in section 21072 of the public resources code and qualified urban use is defined in paragraph (2) of subdivision (a) of section 21159.25 of the public resources code 2 Where vacant is defined as set forth in California Government Code Section 66499.41 as having no permanent structure, unless the permanent structure is abandoned and uninhabitable and excluding other specific circumstances such as where any structure on the site is subject to deed restriction.
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addition, the setback between units shall be no greater than that required by the Building Code.
•Floor Area Ratio:
oFor a housing development project consisting of three to seven units: no less than 1.0: 1 floor area ratio;
oFor a housing development project consisting of eight to ten units: no less than
1.25:1 floor area ratio.
•Density: Minimum density is 20 du/ac, or two-thirds of the maximum density specified in the zoning code, whichever is greater.
•Parking: Parking at no less than one space per unit unless there is a car share vehicle within one block of the parcel, or the parcel is located within one-half mile walking distance of either a high-quality transit corridor or a major transit stop, in which case no parking can be required. The City cannot mandate that the parking be a covered space.
Within these parameters, the City is authorized to adopt objective development and design standards. Projects will be required to comply with these standards, so long as the standards do not physically prohibit a development built at a density of 30 du/ac. Thus, although SB 1123 generally permits more density that typically allowed, the City appears to retain control over design.
In addition, SB 1123 allows the local jurisdiction to make a determination as to whether accessory dwellings units or junior accessory dwelling units would be permitted on lots subdivided in accordance with this provision. The law specifies that if the local jurisdiction chooses to allow for one or more (J)ADUs to be constructed, these units would not count toward the 10-unit limit, though they would count toward the minimum density requirement.
The draft ordinance in Attachment A allows for up to one ADU or JADU on any resulting lot created through this code provision only if the lot size is 2,400 square feet or greater. This threshold was selected as a midway point between the 1,200 square foot lot size permitted by SB 1123 and the 6,000 square foot lot size that is standard in the R-1 district. However, Council in its discretion may choose a different threshold, may choose to allow up to three ADUs (one attached ADU, one detached ADU, and one JADU) to be constructed, or may choose to prohibit ADU/JADUs on resulting parcels altogether. Notably, although the law theoretically applies to lots up to 1.5 and 5 acres in size, if the Council chooses to prohibit ADUs/JADUs, an applicant would only be able to comply with both the 10-unit limit and a 20 du/ac minimum density requirement by utilizing a site of 0.5 acres or smaller. This, in turn, may lead applicants to look to other state laws, such as State Density Bonus Law, which could result in more waivers of development and design standards.
Title 21
The draft ordinance in Attachment B also amends Title 21 of the PAMC to amend chapter 21.11, which implemented SB 684 in a minimal fashion. These amendments clarify the application process and indicate the development standards and general requirements that apply to Item AA1
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subdivisions proposed under this State law. Adoption of the ordinance in this case will ensure that the fees that apply to staff level review of a subdivision map would also apply to this mapping process as the level of effort to review for compliance with the municipal code and subdivision map act is consistent regardless of whether the process is considered ministerial or discretionary. It also helps to clearly set forth the reduced timelines that apply.
Direction Regarding Comprehensive Plan Land Use Designations In the process of discussing SB 1123 with the interested property owner, staff were alerted to a potential interaction between the City’s Comprehensive Plan land use designations and State Density Bonus Law that suggests the need for updates to the Land Use Element. In short, State Density Bonus Law was recently amended to define “base density” as the highest density allowed in any regulation applicable to a property, including zoning, a specific plan, or the general plan. In essence, this means that lower density zones within a land use designation can be developed at the highest density permitted in the land use element (e.g. the R-20 zone will be treated as having a base density of 40 du/ac). To address this, staff recommends that the Council direct the preparation of amendments to the Comprehensive Plan land use designations that better differentiate between single-family, low-, medium-, and high-density residential land uses.
POLICY IMPLICATIONS
The proposed ordinance updates local regulations to align with SB 1123 and SB 684, maintaining consistency with State law while incorporating locally permitted standards. SB 1123 establishes minimum densities, floor area ratios, and limitations on development standards that differ from those typically applied to surrounding properties. Where discretion is allowed, staff has generally proposed standards that reflect existing City policies as possible.
Council may choose to adjust these standards—such as allowing greater heights, smaller setbacks, or smaller lot sizes—based on policy considerations and local context.
With respect to accessory dwelling units, the draft ordinance allows one (J)ADU per resulting lot if the lot is at least 2,400 square feet in size. This threshold is double the State’s minimum lot size and just under half of the City’s standard for R-1 parcels. Council may consider alternate approaches, including prohibiting (J)ADUs, allowing more than one per lot, or setting a different minimum lot size. If (J)ADUs are prohibited, projects on larger parcels may not be able to meet the State’s minimum density requirement due to the 10-unit cap, which could limit the application of SB 1123 on such sites.
Staff also recommends that the Council consider directing updates to the Land Use Element of the Comprehensive Plan to more clearly differentiate among residential land use categories.
This would respond to recent changes in State Density Bonus Law that define “base density” as the highest density allowed under any applicable regulation, including general plan land use designations. Greater clarity may reduce interpretive conflicts when applying zoning or density bonus provisions.
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If Council directs such amendments, staff resources may need to be reallocated from projects not directly related to State law compliance or Housing Element implementation. Other efforts, such as the bird-safe glass ordinance and stream corridor policies, would continue but may be scheduled behind this work based on available capacity.
FISCAL/RESOURCE IMPACT
There is no fiscal impact associated with this action.
STAKEHOLDER ENGAGEMENT
The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper at least ten days in advance of the public hearing. Notice of a public hearing for this project was published in the Daily Post on May 23, 2025, which is 10 days in advance of the meeting. As of the writing of this report, no public comments have been received on the draft ordinance.
ENVIRONMENTAL REVIEW
The adoption of this ordinance is not a project subject to the California Environmental Quality Act, under CEQA Guidelines Section 15061(b)(3), because it can be seen with certainty that adoption of the ordinance will not have a significant impact on the environment.
ATTACHMENTS
Attachment A: Draft Temporary Urgency Ordinance
APPROVED BY:
Jonathan Lait, Planning and Development Services Director Item AA1
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*NOT YET APPROVED*
1 0160173_20250521_AY16
Ordinance No.___
Temporary Emergency Ordinance of the Council of the City of Palo Alto Amending Title 18 (Zoning) of the Palo Alto Municipal Code and Title 21 (Subdivisions and Other Divisions of Land) to Implement SB 684 and SB 1123