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February 13. 1992
'rHE HONORABLE CITY COUNCIL
Palo Alto, Cali!or~ia
Members of the Council:
Report in Brie"(
This is an informational report cn the status of the Palo Alto
Harbor Improvements Project. It advises Council af anticipated
permit conditions that .ill be placed on the project by the San
Francisco Bay conservation and Development COml'l15Sion (BeDel.
Background
Council approv~d the site ar.d design application for the Palo Alto
Harbor In'.provement Project on March 1S.~ 1991 (Cl-iR:181:91). The
project includes a sailing station, new p~blic access, four acres
of marsh restoration at the tip of the 11.2 acre H3rbor Point site
and renovation of th~ Harbor Master's cottage. Funds for all w'ork
have been budgeted in the Capital Im:Vrovement Program and
construction is expected to start this fall, pending approval by
BCne. The project also includes provision for a future second
phase of marsh restoration over the remdining 7.2 acres of Harbor
Point, .. hich .. ould be funded by agency gr-ar.ts or the for~ation of
a marsh mitigation banJo:.
Ci ty staff attended a publ ic heering of BCDC on Fe~'ruary 5, 1992.
The purpose of the hearing was to obtaIn app=cval fer constructing
the irr,provements and to verify compliance 'With cO:lditions of an
earlier BeDe permit, ""hich ""as issrJ.ed to t!-.e City for dreJging at
the former yacht harbor site (p&rmit:. 81-11). Th{)se conditions
require the restoration of four acres of rr,arsh at the tip of Harbor
Point and develop!'!',ent of public access on the :r:-eniaining 7.2 acres I
in accordance with the adopted Bayl~nd Y.aster Plan as it existed on
the date the permit was issued (August 25, 1981).
Tt'le project brought before the BCuC '",as based on a revised Baylands
Master Pla!l for the harbor area approved by council as part of the
site and design application. The :rnaj or difference from the
original master plan seen by BCDC in 1981 was a substitution of
marsh for public access on the remaining 7.2 acres of Harbor Point.
To compensate for this loss, ne"",' public access .:as added easterly
of Harbor Point including picnic areas, paths and a sailing
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station. Ths incorporation of ~ore marsh rest0ratiorl at
Point resulted from t~e lSsB council dire~ted study,
identified areas .... ithin the baylands suit.ab1e for
development of ~etlands.
Harbor
."rhich
fl.:ture
Aithough there was overall positiv€. support for the project,
Commission members were concerned about the loss of 7.2 acres of
public access on Ha.rbor ?oil"1.t. .... 'itho·.Jt having a firm cOr.'.mit:r.H:::nt from
the City on the timing for the substituted ~3rsh restoration. At
the meeting, City staff stat€d opp~sition ~o setting a deadline on
the additional marsh restoration as the ccst of the ","ark wOilld
exceed $l.OQO,QCO and grant funds have not y€t been identified.
The Conur.ission 'wo'as also concerned ..... heth,2r the ne"", public access
impreve!tlents compensated for those indicated in the 1981 rcaster
plan fo~ Harbor Point. Since the 1981 ~aster plan is a c~nceptual
policy document, it does not provide specific details for public
access, thereby making it difficult for comparisons.
In order to issue a permit, the Co::mlissioil nl\.lst deter-mine ... ·hether
the public access and marsh restoration in the City's project under
the revised master plan provides public benefits equal to or
greater than those required under the BCDC pernit (81-11) issued
for past harbor dredging. Due to the issues discussed earlier, the
COI!l.lllission delayed making this determination until February 20,
1992 and directed its staff to examin8 the City's revised public
access proposal and the possibility of placing a ti~e lirr:it on the
completion of the 7.2 acre :marsh restoration.
Based en informal conversations ~ith BeDe staff, it appears that
they will zr.axe the follovir"1g reco!i1!Li€r.aation t.j ti::e COP."IF.lission. The
City will be given five years tc 0btain the necessary grant funding
for the restoration of the 7.2 acres of ~arsh, and an additional
year to complete the construction. If grant funding is not
obtained in that time, the City will be required to install the
original public access improve~ents cDnte~plated in the Say lands
Master Plan. staff notes that a miner change to the Environnenta1
11:1pact Assess:rnent may be necessary to acco~pl ish th is, but overa 11
the condition appears to be re3sor.able.
Respectfully submitted,
G~G~
A~.'~istant Dr.ctor of Public Works
!J (A1_
/t .?'.b./; I I
, J~EMING J:_l
. ~ssistant City Ma~r
V
Related Reports: CMR:181:91
CMR:153:92
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D.~VID G. _1I.DP1·~S
Director of Public Works