Laserfiche WebLink
expanded recreational use. There have been no cases with circumstances similar to Docktown, <br />however, where a statute was amended to allow residential uses to remain in perpetuity. <br /> <br />Proposal <br />The attached letter from the Mayor to the State Lands Commission, requests that the State <br />Lands Commission support legislation which would allow Docktown to remain on granted lands <br />for a period of 15 years so long as the following conditions were met: <br />· The City would prohibit new tenants, new live-board watercrafts and transfer of existing <br />watercraft at Docktown. <br />· The City would mandate that all live-aboard watercrafts be owner-occupied or City <br />owned. No subleases would be allowed. <br />· The City would report to the State Lands Commission on a regular basis on the status of <br />Docktown and public access improvements in the area. <br />This proposed legislation would balance the hardship of requiring near-term relocation of all <br />tenants with the public need for greater recreational access to the area. Creating such <br />legislation would be an involved process that would require support from both the California <br />State Senate and California State Assembly. Furthermore, it is unlikely that the Senate or <br />Assembly would support this bill without support from the State Lands Commission. <br />Based on initial conversations with State lawmakers and State Lands Commission staff, City <br />staff is cautiously optimistic that the State Lands Commission and Legislature will support the <br />proposed 15-year transition period. Based on these same conversations, however, staff is <br />confident that there would be no support for legislation that would allow Docktown to remain in <br />perpetuity. In fact, any legislation that does not require the eventual transition of private <br />residential uses out of granted lands would be a violation of the Public Trust Doctrine and may <br />also be in conflict with the California Constitution. <br />It is also important to note that there are environmental and legal restrictions which could <br />hamper the City’s ability to provide public or residential uses at Docktown. The City is currently <br />conducting environmental analysis in the Redwood Creek area and may adjust its direction <br />and/or policies dependent upon what the results of this analysis. Furthermore, the City does not <br />own the land adjacent to Docktown. Marina access to facilities and in general is accomplished <br />via a month-to-month license with private land owners. As a result, any multi-year plan for the <br />marina use must account for the possibility that the City could not guarantee private residential <br />access to Docktown Marina. <br /> <br />Next Steps <br />If the Council chooses to send this letter to the State Lands Commission, staff will work with <br />State Legislators and State Lands Commission staff on the timing of the legislation, as well as <br />specific wording. City representatives would also be involved and attend any State Lands <br />Commission meeting in which the topic of Docktown is discussed. The City will concurrently <br />6.1.F. - Page 4