HomeMy WebLinkAbout2003-10-07 Ordinance 4805i'
follows:
ORDINANCE NO. 4805
ORDINANCE OF THE COUNCIL OF THE CITY OF PALO
ALTO APPROVING AND ADOPTING PLANS OF SANTA CLARA
VALLEY
CHANNEL
WATER
IN
FLOOD DISTRICT FOR A
BYXBEE PARK FOR MATADERO
REMEDIATION PROJECT
CONTROL
CREEK
The Council of the City of Palo Alto does ORDAIN as
SECTION 1. Findings and Declaration.
finds and declares as follows:
The City Council
(a) Article VIII of the Chapter of the City of Palo
Alto and Section 22.08.005 of the Palo Alto Municipal Code
require that, before any substantial building, construction,
reconstruction or development is commenced or approved, upon or
with respect to any land held by the City for park purpose, the
Council shall first cause to be prepared and by ordinance
approve and adopt a plan therefore.
(b) The City desires to approve and adopt a plan of
the Santa Clara Valley Water District (SCVWD) for construction
of flood control improvements in John Fletcher Byxbee Park, in
the vicinity of the City of Palo Alto Municipal Services Center
{MSC} . This project is the downstream portion (Palo Alto Flood
Basin to East Bayshore Road) of the larger Matadero/Barron
Creeks Long-Term Remediation Project. The portion from East
Bayshore Road to Alma Street is currently under construction.
Both portions are needed to meet 100-year flow level and
following construction of both, SCVWD can then apply to FEMA to
have flooding classifications changed. A map of the area
delineating boundaries of Byxbee Park and the flood control
channel is attached as Attachment A.
(c) The City Council further finds that SCVWD
prepared an Engineers' Report and an Environmental Impact Report
(EIR) for this project, and the documents have been reviewed in
accordance with the California Environmental Quality Act (CEQA)
pursuant to the provisions of Section 15311 of Title 14 of the
California Code of regulations, respectively.
(d) The City Council further finds that the flood
control channel, between 55 and 60 feet in width with partial
cast-in-place and partial earthen invert and walls, is the
preferred alternative proposed in the project EIR necessary to
alleviate flood damages to residents and properties of the City.
As a result of the flood protection, provided by this project,
040629 sm 0053067 1
approximately 4,700 properties will be removed from the
floodplain and 450 properties will no longer be required to
purchase flood insurance. Following the cons truction of the
flood control improvements, the estimated damage in the event of
a lOa-year flood will be reduced from $303 million to $183
million mostly as a result of insufficient capacity of local
storm drains. Within Byxbee Park, the proposed project includes
three areas with alterations along the east and south sides of
the MSC site. Along the east side of the MSC the existing
access road will be replaced in part with a partially concrete,
partially earthen flood control channel. On the east side of
the channel and near its outlet, the project is proposing to
replace ruderal habitat with riparian and wetland habitat as
part of their required mitigation for wetland and riparian
habitat impacts. Lastly, along the south and southeast edge of
the MSC, between the MSC fence and the gated access road/levee a
landscaping strip and irrigation will be added.
(e) The City Council further finds that although the
project's impacts to wetland habitat (0.11 acre) and riparian
habitat (0.66 acre) are not located within Byxbee Park, some of
the required mitigation (0.28 acre wetland habitat and 2.46
acres riparian) for these impacts will be provided on-site
including in the park and improve existing ruderal habitat
within the park with riparian and wetland plantings, as shown in
Figure 4 of the Mitigation and Monitoring Plan dated January 29,
2003. As part of the permitting process, the Applicant will be
required to create a wetland and riparian habitat restoration
plan, which upon approval from the jurisdictional agency will be
considered as part of the project.
(f) The City Council further finds that the proposed
project includes elements that are beneficial to the park land
including utilizing the Palo Alto Flood Basin (PAFB) portion of
Byxbee Park for excess flood capacity, increasing both wetland
and riparian habitat quantity and quality in the park area,
inhibiting some spread of non-native vegetation into the park,
and by providing additional screening for the developed MSC site
located adjacent to Byxbee Park.
SECTION 2. The Council hereby approves the plan of the
Santa Clara Valley Water District (SCVWD) for construction of
flood control improvements in John Fletcher Byxbee Park, in the
vicinity of the City of Palo Alto Municipal Services Center
(MSC) , as described herein and depicted in Attachment B and in
Record of Council Land Use Approval 2003-____ .
040629 sm 0053067 2
SECTION 3. The lead agency for this project is SCVWD.
The City of Palo Alto as a responsible agency for the project
has made the requisite findings pursuant to CEQA in a Resolution
No. 8338 of the Council of the City of Palo Alto Certifying the
Adequacy of the Final Environmental Impact Report for the 3201
East Bayshore Roadi Matadero Creek Long-Term Remediation Project
Pursuant to the California Environmental Quality Act, which was
adopted on September 15, 2003.
SECTION 4. This ordinance shall be effective on the
thirty-first day after the date of its adoption.
INTRODUCED: September 15, 2003
PASSED: October 7, 2003
AYES: BEECHAM, BURCH, FREEMAN, KISHIMOTO, KLEINBERG, LYTLE,
MORTON, MOSSAR, OJAKIAN
NOES:
ABSENT:
ABSTENTIONS:
ATTEST: ~~Cf·~ City Clerk Mayor
APPROVED AS TO ~
~
City Attorney (1IS91'Sbl1f Statd<.)
040629 sm 0053067 3
LEGEND
III'E Byxbee Park
."",. -Matadero Creek
111111 Ii Area Excluded From 8yxbee Park Dedication
~ Area Covered by Park Improvement Ordinance
The City of
Palo Alto
rncuchk.2003.Q6-21Ca:51.i;01 LeGeND (\~k\Gl:I$\Oalll\PJmiOMl'lttualld\k.mdb)
Area Covered by
. Park Improvement
. Ordinance
. ATTACHMENT A
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Legend
Proposed Bypass Chaonel Alignment
Landscaping Strip
Mitigation Areas:
Riparian:
Mixed RIparian (0.46 acres) -Willow RIparian! Cuttings (0.38 acres)
~¥ti1~~!~Jlii Willow RIparian! Fascines (0.18 acres)
RIparian Improvement Areas:
" . Giant Reed Eradicatioo Area (-0.34 acres
, \ " within this area)
Vinca and Ivy Eradication Areas ("'().46 acres,
eradication in landscaping areas not shown)
Native Hydroseed Area! Escape Cover for
Salt Marsh Harvest Mouse (-0.23 acres,
hydroseeding in laodscaping areas Dot shown)
H. To HARVEY & ASSOCIATES
ECOLOGICAL CONSULTANTS
Matadero ! Barron Creek Long-Tenn Remediation Project,
Mitigation and Monitoring Plan: Proposed On-Site Mitigation
FileNo.' 1518-01 Data 1127/03 Figura 4
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Matadero Creek Long Term Remediation Project
Plan for the portions of the proposed project within the Palo Alto Flood Basin part
of designated Byxbee Park
Area covered by Park Improvement Ordinance includes portions of the proposed project
from Stations 1 +66 to 17+20, as shown on approved plan set dated April 1, 2003 (revised
May 16,2003) and include the following:
1) Landscaping: From Station 1 +66 to station 9+70 along the south and southeast edge
of the MSC, add native landscaping strip and related irrigation as additional screening
element. This strip is away from the project construction area, but adds an additional
screening element to the MSC site. Another landscaping strip, on the exterior of the
access roadllevee extends from Station 8+48 to approximately station 12+84. The
interior landscaping begins again at Station 11 +64 and continues for the rest of the
project (past 17+20). The landscaping strips include native plantings such as California
Sycamores, California Buckeyes, Blue Elderberry and Black Sage). The new .
landscaping replaces areas along the access road that are not planted or have it mix of
native and nonnative plantings.
2) Channel: From Stations 8+48 to 17+20, along the east side of the MSC, the existing
access road will be replaced with a partially concrete, partially earthen flood control
channel. From 8+48 to the channel outlet at 12+84 the project will relocate the existing
access road/levee closer to the MSC to allow for access to the outlet of the channel by a
concrete maintenance vehicle ramp running from approximatelyl1 +64 to 12+84. The
existing levee/access road area will be regraded to 7% or flatter/and hydro seeded with
native grasses. Additionally, the construction of the concrete floodwall begins at
approximately Station 10+02 and continues beyond the project area covered under the
Park Improvement Ordinance. From 12+84 (the outlet) to 17+20 (approximate end of
ParkImprovement Ordinance Area) and beyond the channel is partially concrete and
partially earthen.
3) Habitat Mitigation areas: The proposed project also includes a small mitigation area
on the east side of the channel. Near the channel outlet the applicant is proposing to
replace existing ruderal habitat with riparian and wetland habitat as part of their required
mitigation for wetland and riparian habitat impacts. Wetland plantings will occur in a
0.28-acre area located from approximately Station 10+04 to the outlet of the channel.
Riparian (willow) plantings will occur at the outlet of the channel and continue along the
exterior of the channel, as shown, on the Planting Plans.
These improvements are beneficial to the park land by utilizing a portion of the park that
is Palo Alto Flood Basin (P AFB) for excess flood capacity, increasing both wetland and
riparian habitat quantity and quality in the park area, inhibiting the further spread of non-
native vegetation into the park, and by providing additional screening for the developed
MSC site located adjacen~ to Byxbee Park.
ATTACHMENT B