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Bill Ekern 9.A. - Page 6 <br /> February 25, 2014 <br /> Page 2 <br /> its admission to the Union in 1850. The State holds these lands in trust for the benefit of all <br /> of the people of California for the purposes of commerce, navigation and fisheries.2 <br /> Traditionally, public trust uses were limited to water-related commerce, navigation, <br /> and fishing.3 In more recent years, however, the California Supreme Court has held that the <br /> Public Trust embraces the right of the public to use the navigable waters of the State for <br /> bathing, swimming, boating, and general recreational purposes. The Court has also held <br /> that the Public Trust is sufficiently flexible to encompass changing public needs, such as the <br /> preservation of lands in their natural state for scientific study, open space, and wildlife <br /> habitat.4 <br /> Based on advice from the State Attorney General's Office, Commission staff have <br /> consistently taken the position that residential use of sovereign lands, such as the floating <br /> home community at Docktown, is inconsistent with the Public Trust. This is because it <br /> benefits only a select few rather than the statewide public, it is not water-dependent, it does <br /> not further the unique purposes for which sovereign lands are set aside, and it in fact <br /> impairs public access to and enjoyment of sovereign lands. While residential houseboats <br /> may be less permanent than typical residential structures, long-term private residences in <br /> the form of houseboats on sovereign land does nothing to stimulate or foster purposes in <br /> which there is a general statewide public interest such as commercial harbors, recreational <br /> facilities, the protection of wildlife and fish resources, and recreational use with open access <br /> to the public. <br /> The Legislature has granted the City control and management over the lands <br /> underlying Docktown pursuant to Chapter 1359, subject to the Commission's review and <br /> oversight authority. While these sovereign lands are managed locally, the Legislature has <br /> vested the Commission with residual oversight authority to ensure that local trustees are <br /> complying with the Public Trust and the applicable granting statutes. Chapter 1359 limits <br /> the use of these public trust lands to "the establishment, improvement and conduct of a <br /> harbor, including an airport or aviation facilities, and for the construction, maintenance and <br /> operation thereon of wharves, docks, piers, slips, quays and other utilities, structures, <br /> facilities and appliances necessary or convenient for the promotion and accommodation of <br /> commerce and navigation by air as well as water, and for the construction, maintenance, <br /> and operation of flood control projects". Chapter 1359 does not authorize the City to lease <br /> the granted sovereign land for residential houseboats. If the City desires to continue <br /> providing its residents with a floating home community, it will be necessary to look into other <br /> areas that do not include sovereign lands. <br /> 2 Public Resources Code section 6009(a) <br /> 3 Illinois Central Railroad v. Illinois (1982) 146 U.S. 387 <br /> 4 Marks v Whitney (1971) 6 Cal.3d 251, 259-60. <br /> 5 State of California v. Superior Court(Lyon) (1981) 29 Ca1.3d 210, 235; City of Berkeley v. Superior Court <br /> (51980) 26 Cal. 3d 515, 538. <br /> Public Resources Code sections 6301 and 6306 <br />