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9.A. - Page 2 <br /> separate docks and reconstructing five fingers. The City also removed and disposed of <br /> a large unstable concrete structure (known as the PanAm barge) and three other boats <br /> from the Marina. All told, there are 10 staff members in the Public Works and <br /> Community Development departments who spend a total of approximately 700 hours <br /> per month on the maintenance and administration of the City's operation of the Marina. <br /> During this same period, the City has collected approximately $1.4 million in revenues <br /> from the berthing agreements, and this revenue has been used to support the <br /> operations described above. This revenue has not been sufficient to cover all costs, <br /> resulting in net expenditures over the course of the last 25 months of nearly $100,000. <br /> Going forward, the anticipated annual net cost of operating the marina would be <br /> approximately $195,000. <br /> In addition to taking over the operations of the Docktown Marina, the City has been in <br /> contact with the California State Lands Commission (SLC) to ascertain the allowed uses <br /> of the lands and waterways for which the SLC has oversight. As background, the State <br /> acquired tidal and submerged lands and beds of navigable waterways as sovereign <br /> lands upon its admission to the Union in 1850. This acquisition includes the waterways <br /> of Redwood Creek and the marina known as Docktown. Pursuant to Chapter 1359, <br /> Statutes of 1945, and as amended, the legislature granted control and management of <br /> the State's sovereign land to the City. This legislative control granted to the City is <br /> subject to the authority and oversight of the SLC. Moreover, the City's control and <br /> management of Docktown must be compliant with granting statutes and the common <br /> law Public Trust Doctrine. <br /> As it relates to the allowable uses of the lands and waterways managed and controlled <br /> by the City, the SLC has informed the City more than once that "The state holds these <br /> lands in trust for the benefit of all of the people of California for the purposes of <br /> commerce, navigation and fisheries" (see Attachment 1 - California State Lands <br /> Commission Letter to City dated February 25, 2014). The SLC has also opined that, on <br /> advice from the State Attorney General's Office, "...residential use of sovereign lands, <br /> such as the floating home community at Docktown, is inconsistent with the Public Trust. <br /> This is because it benefits only a select few rather than the statewide public" (see <br /> Attachment 1 — California State Lands Commission Letter to City, dated February 25, <br /> 2014). The SLC also clarified what are allowable uses of these sovereign lands which <br /> includes "establishment, improvement and conduct of a harbor, including an airport or <br /> aviation facilities, and for the construction, maintenance and operation thereon of <br /> wharves, docks, piers, slips, quays and other utilities, structures, facilities and <br /> appliances necessary or convenient for the promotion and accommodation of <br /> commerce and navigation by air as well as water, and for the construction, <br /> maintenance, and operation of flood control projects" (see Attachment 1 — California <br /> State Lands Commission Letter to City, dated February 25, 2014). <br /> The SLC has also informed the City of various cases where they pursued remedies to <br /> correct similar situations in other jurisdictions (see Attachment 2 — California State <br /> Lands Commission Letter to City, dated August 7, 2014). The SLC does first attempt to <br /> work cooperatively with grantees that may be in violation of the Public Trust doctrine. If <br />