AgdaPkt 2014-06-09 Closed and Joint SA

Browse Search

7.1.B. - Page 39 brought forward for public vetting or scoping. He added that usually there are alternatives that will come off of that and the Council will see. Staff will then bring a Draft Plan to the Planning Commission and the City Council. Mr. Ekern thinks that time- wise this will take about 8 to 10 months or a little longer added Mayor Gee. The Mayor restated this Council Member's thoughts on asking the Council for advocacy to the State Lands Commission for legislative intervention. Vice Mayor Foust would like clarity on the project description first and see if floating homes are allowable in this area. She made clear that the City does not own the land where the homes are, and so would like to know if the floating homes are a possibility. Another Council Member would like to see the case made with sea level rise if this is a different situation than originally had been thought of. She would like to have the conversation (with State Lands). In addition, she believes that there was a letter from the property owner that was received today and wonders if they would consider land side access. This Council Member said she doesn't know if it's true, but should be explored. One other Council Member said that he believes that we need to be careful, because this charge is different than legislative lobbying. He would like to have clarity from the State Lands Commission and the land owners, and whether this area is affected by those decisions of private-public areas. He stated that he's not changing his opinion on floating communities, but he emphasizes the need to be careful in putting them in areas where they are told they cannot exist and if they butt up against private property and access across private property. Mayor Gee acknowledged that anything that touches water is extremely difficult. He said that in the last 12 months he has heard various interpretations of the public land doctrine, public access, State Lands Commission, etc. But, he believes that through the State Lands Commission notice, it provides clarity that live-aboards are not permissible by Staff in that area. The Mayor wants to ensure that the City understands that letter completely and clearly; and, that the Commission or Attorney General stands behind it as claimed, because the City owes that to the community. He believes that with the recommendation of the Task Force, the City should move forward with the Plan. The Mayor sees a place on the map for a floating community where the private owner is willing to allow that or the use is acceptable. He also acknowledged letters the Council received from the landowner adjacent to the Docktown and his willingness to be part of a transition plan with no time frame. He believes the City should understand all the dynamics and that they're factually based, and keep all the options open as it moves forward. He also mentioned that there is a possibility of an enforcement action and the City has been placed on notice that this is not an acceptable use. The Council Member that asked the Council for advocacy to the State Lands Commission thanked the Council for the comments and clarification. Vice Mayor Foust said that she looked at the Guiding Principles, particularly the first and last one. With the first Guiding Principle, all the other Guiding Principles lead to the first one. With regards to the last principle, she provided the Port's role and their viability to the City by CITY COUNCIL May 12, 2014 MEETING MINUTES PAGE 17