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1 <br />REPORT <br />To the Honorable Mayor and City Council <br />From the City Manager <br /> <br />December 12, 2016 <br /> <br /> <br />SUBJECT <br />Consideration of Comments Received on the Draft Docktown Plan and Approval of Final <br />Docktown Plan to Provide Relocation Assistance for Tenants and Ending Residential Use <br />at Docktown Marina <br /> <br />RECOMMENDATION <br />Adopt a Resolution Approving the Docktown Plan and Ending Residential Use at <br />Docktown Marina, and Finding this Action Is Not Subject to and Is Exempt from the <br />California Environmental Quality Act <br /> <br />BACKGROUND <br /> <br />Summary of Docktown Plan Preparation Efforts <br /> <br />The City is required to bring the Docktown Marina (“Docktown”) (see Attachment A [Map]) <br />into compliance with the Public Trust Doctrine and the statutes granting City trusteeship <br />to the City. As determined by the State Lands Commission (SLC) and the California <br />Attorney General (who have regulatory oversight regarding Docktown), the Public Trust <br />Doctrine and the granting statutes do not allow continued residential use at Docktown <br />(e.g., by persons living on “live aboard” boats or barge-based dwellings). In addition, <br />pursuant to a Settlement Agreement approved January 25, 2016, the City must, by <br />December 31, 2016, adopt a Docktown Plan to assist Live Aboard Docktown tenants with <br />relocating to other places of residence to accommodate ending residential use at the <br />Marina. This Settlement Agreement acknowledged that private residential use of State- <br />granted lands, such as the creek on which the Docktown Marina is located, is not allowed <br />under the statutes which granted the State land to the City, or the Public Trust Doctrine. <br />As is described further below, the City sought a 15-year delay in ending residential use of <br />the Marina by seeking special legislation, but these efforts were not successful. <br />Recognizing that this transition will be challenging for people currently living at Docktown, <br />and consistent with the City’s goals of equity and providing affordable housing <br />assistance, the City staff has prepared a relocation assistance program intended to <br />address individual tenant relocation needs and to provide individuals with a reasonable <br />time to move. (See Attachment B [Docktown Plan].) <br />6.1.B. - Page 11