AgdaPkt 2018-01-08 Joint SA PFA - Laserfiche WebLink

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3 and independent City responses are provided in Attachments H and I. Members of the public will be able to continue to provide comments on the draft Docktown Plan through December 12, when the City Council will consider feedback and is scheduled to adopt a final Docktown Plan. The proposed Resolution for adopting the Docktown Plan is Attachment C. History of Docktown Marina Since 1945, the City of Redwood City has served as a trustee for the land on which the Docktown Marina is located. This only includes the land under the creek, not the land- based property adjacent to the creek which the City leases from a private owner. In this role, the City owns the creek area on behalf of the citizens of California and as a consequence must ensure that the land is used in accordance with the statutes that granted the land to the City as well as with the California Constitution, applicable case law, and the common law Public Trust Doctrine. The Docktown Marina has existed since the 1960s. In 1983, the City issued a revocable permit with a marina operator, Fred Earnhardt, who also had a lease agreement with the landside property owners. When Mr. Earnhardt advised the City of his intention to terminate the permit, City wanted to avoid immediate relocation of Docktown community members and as a result, agreed to assume the operations and management of Docktown. Since 2013, the City has operated Docktown Marina. There are approximately 95 occupied berths within the Marina, of which 65 have residential tenants. Whether operated by a private operator or the City, people living at Docktown have always participated in short-term rental arrangements whereby tenancies could be terminated with 60 days’ notice. The State Lands Commission (SLC or Commission) made clear that the City can no longer permit private residential uses at Docktown when in February 2014, the Commission officially notified the City that private residential uses were not permitted at Docktown. City officials sought to achieve a compromise with the State of California regarding residential uses in Docktown. However, in late 2015, a group called “Citizens for Public Trust” brought a lawsuit against the City challenging residential uses at Docktown. On January 4, 2016, the SLC sent the City a letter, to which an Attorney General opinion was attached, which confirmed the State’s determination that residential use at Docktown is incompatible with the public trust and the statutes granting the City trusteeship over the subject property. (See Attachment D.) In January 2016, the City entered into a Settlement Agreement to resolve the litigation, which, among other obligations, requires the City to develop a plan to comply with the granting statues and Public Trust Doctrine by December 31, 2016, and to begin implementing that plan in 2017. City officials have expended significant time and resources seeking a reasonable solution to the relocation of the Docktown community. At the City’s request, State Lands Commission staff agreed to work with the City, local legislators and members of the 6.1.B. - Page 13