AgdaPkt 2015-04-27 Interview and Joint SA and PFA

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Attachment 1 E 9.A. - Page 7 February 25, 2014 Page 3 in addition to Chapter 1359, Public Resources Code (PRC) §§ 6009 and 6009.1 provide guidance on the proper management of sovereign lands legislatively granted in trust to local jurisdictions. These statutes reiterate that the granted lands remain subject to the Public Trust and must be managed in a manner that is consistent with the terms of the granting statutes and in accordance with the Public Trust without subjugation of statewide interests for local affairs. As a fiduciary of State property, the City has an obligation to not use or deal with trust property for any purpose unconnected with the trust,' such as the use of residential houseboats. Further, PRC § 6009.1 describes all of a trustee's fiduciary duties, such as the duty of loyalty and duty to take and keep control of trust property, which are referenced in case law, granting statutes, and the PRC. This organized list of duties is intended to help local trustees understand their obligation to the trust and prevent against any inadvertent trust violations. Recently, there have been some comparisons to the liveaboards/residential houseboats in the City of Sausalito. However, the underlying factual and legal circumstances at Docktown vary significantly from the liveaboards/residential houseboats in the City of Sausalito. One of the important differences between the City of Sausalito and the City of Redwood City is that the fee interest in the lands in Sausalito were sold to private parties through the Board of Tide Land Commissioners; a board that was abolished in 1876. Commission staff understands that the City is in the process of creating an Inner Harbor Specific Plan to determine future uses of the inner Harbor area, including Docktown. Staff looks forward to continuing to work with the City, both in its capacity as a member of the Task Force and as part of its oversight duties relative to legislatively granted sovereign land, as part of this process to take advantage of the opportunity to correct the trust violations by removing the inconsistent residential uses from the sovereign lands. I hope this information is helpful to the City's understanding of the Public Trust and its responsibilities as a trustee of State property. Should you have any questions or if Commission staff can serve as a helpful resource in any way, please do not hesitate to contact me or Reid Boggiano of our staff at (916) 574-0450. Sincerely, / G'' v— t� SHERI PEMBERTON Chief, External Affairs and Legislative Liaison cc: Bob Bell, City Manager, City of Redwood City Public Resources Code section 6009.1(c)(7)