The Recreation and Park Department has jurisdiction over the Marina Yacht Harbor, which includes both the West Harbor and the East Harbor. The Planning Department is responsible for performing environmental review on City projects.

The ordinance would prohibit the Recreation and Park Department and the Planning Department from pursuing a project at the Marina Yacht Harbor that would extend the eastern boundary of the West Harbor Marina by more than approximately 150 feet from its current location.

This ordinance limits the expansion of the West Harbor Marina and is consistent with a legal settlement that requires PG&E to fund a joint project with the Recreation and Park Department for the planning, outreach, design, environmental review, permitting, and completion of the environmental remediation and reconstruction of the Marina Yacht Harbor.

The rationale is based on a legal settlement with PG&E concerning toxic chemical compounds discovered at the East Harbor Marina, known as Gashouse Cove. Public testimony has been overwhelmingly in favor of preserving existing recreational uses of the Marina Green and strongly opposed to the idea of placing boats and other obstructions that would interfere with those uses.

The Board of Supervisors is directed to implement this ordinance in a manner consistent with the settlement, and any decision regarding a potential project will be subject to environmental review under the California Environmental Quality Act and further regulatory and City approvals as required by law following completion of planning and design of plans for the site.

The Recreation and Park Department and the Planning Department are prohibited from using City funds or allowing PG&E to use Settlement funds to extend the West Harbor Marina beyond the set boundary without the approval by ordinance from the Controller, who is prohibited from transferring budgeted appropriations for this purpose.