July 28, 2011
Letter from State Lands Commission to Palo Alto Ciy Attorney's office
recommending that the City refrain from taking any irreversible actions
[on State-owned lands in Byxbee Park]

(Emphasis Added)

100 Howe Avenue, Suite 100-South
Sacramento, California

File Ref: PRC 7348

City of Palo Alto
July 28, 2011
Senior Assistant City Attorney Cara Silver
City Hall, 8th Floor
250 Hamilton Avenue
Palo Alto, CA 94301

Dear Ms. Silver:

I am writing to update you on the status of California State Lands Commission (Commission or CSLC) staff's review of CSLC Lease No. PRC 7348 which involves sovereign lands, known as Byxbee Park, leased to the City of Palo Alto (City). As you are aware, Commission staff received a complaint alleging mismanagement of the leased lands and non-compliance with the lease terms. Commission staff's review so far has identified certain key points that need some clarification.

First, there appears to be some boundary discrepancies between the parcels as identified in the lease and amendments, the parcels as identified in the City's Baylands Master Plan, and the parcels as actually fenced and used. According to information presented to Commission staff, 1992 appears to be the time period the boundaries between the two documents diverged. Please provide me with any information relating to these apparent discrepancies.

Additional information that we will require includes a detailed description of the current operations on the leasehold including whether these parcels have been opened as a public park as anticipated in the lease and finally the details of the proposed com posting operation and where it will specifically be located.

We would also like to conduct a site visit, to get a better understanding of the actual layout of the leasehold parcels. The Palo Alto citizens who contacted us initially have requested to attend any such visit and that sounds reasonable. I will try to schedule this with you in the near future.

I recommend that the City refrain from taking any irreversible actions regarding this matter until Commission staff has reviewed the requested information. I will contact you shortly regarding a site visit.

Thank you for your assistance with this matter.

Eric B. Milstein
Senior Staff Counsel

Grace Kato,
Thomas Jordan, Esq.
Walter Hays