An open letter to Mayor Jeff Gee, Vice Mayor Rosanne Foust and the City Council Members of Redwood City,

My back ground is in business development. I love creating win win scenarios for all parties. Instead of fighting the residents and me at every turn it would be nice to work together with the City of Redwood City, the California State Lands Commission and any other interested parties in writing an appropriate long-term lease agreement similar to what currently exists in floating communities such as Sausalito and Mission Creek that not only solves the problem at Docktown but also considers solutions to our changing regulatory environment.

Last week I was served with a sixty day notice to remove my floating home from where it is berthed in Docktown Marina. According to the notice my month-to-month tenancy at 1548 Maple Street is terminated by the City of Redwood City effective August 1st, 2015. I have tried to sign an appropriate and reasonable lease but the City refuses to accept the changes I have made to their Live Aboard Rental Agreement.

The notice also states that the notice is consistent with paragraph 4(A) of the written Live Aboard Rental Agreement that so far I have refused to sign. Although that agreement is not in effect given that I have refused to sign it precisely among other reasons because of that provision. What kind of a real agreement includes a provision that would allow the City of Redwood City at any point to unilaterally give residents 60 days notice.

Mr. Bell argues that the City has been making good faith efforts for years to resolve the issues with my month to month tenancy. I have also been making good faith efforts to resolve the issues. Regardless of both parties current efforts, I should remind you that the City allowed the prior leaseholder, Docktown Inc, to continue to operate the marina for almost fifteen years without any agreement in place. In point of fact, it was Docktown Inc that in the end chose to leave the management of the marina.

When the City of Redwood City took over the management of the marina including both the granted waters and the half the land Docktown Inc had managed in March 2013, there was no lease or agreement of any kind available.I took that opportunity to fix what Council member John Seybert and Mayor Jeff Gee alluded to in the Council discussion on April 27th on the subject of Docktown as the problem with the Clean Water Act (http://redwoodcity-ca.granicus.com/MediaPlayer.php?view_id=2&clip_id=1846 Seybert min 2:56, Gee min 3:10) that we have here at Docktown; I installed a sewer. As the City has acknowledged there is no process available for applying for a sewer so that was the only way for me to do it. Yet even though Council member Seybert and Mayor Gee are rightfully concerned about the legal repercussions that the City of Redwood City might be exposing itself to, the City staff unilaterally disconnected my sewer forcing me to go to court a process that is still unfolding.

Several months after taking over control of the marina, the City of Redwood City distributed lease agreements so egregious in nature that barely anyone signed. The residents counter proposed with existing agreements similar to what communities such as Waldo Point in Sausalito and Mission Creek in San Francisco have. The City of Redwood City was not receptive at all. After much negotiation and frequent threats of eviction a barely modified version of the original lease that required residents to sign over a lien on their homes, incur liability for the lack of sewers and even indemnify the City against any claims in regards to these issues a majority of residents to the detriment of all of their rights finally signed on. In my case, not only do I not agree with the provisions in the lease, I am in court trying to make my case that the City cannot have it both ways. Although the City’s legal team has argued that the City does not have any exposure to the Clean Water Act, Council member Seybert and Mayor Gee are rightfully concerned.

Mr. Bell’s letter clearly states that the City is concerned about “the City’s rights and obligations as a landlord, regulator and steward of the Docktown Marina.” I presume he is concerned about the Public Trust issues related to the California State Lands Commission. However he cannot be supporting the California State Lands Commission historical definition of the Public Trust without understanding that if the old definitions stand not only is Docktown at risk but so is half of Redwood City including in particular Redwood Shores. The fact is that the world of climate change and rising seas is upending a lot of the laws relating to the traditional borders between water and land. As the water continues it‘s inexorable movement upwards and over the adjacent lands, municipalities and governments far and wide with long standing Public Trust laws are being forced to realize that residential use of public trust lands is pardon the pun the wave of the future. Regardless of the coming changes to public trust uses, the California State Lands Commission has already expressed a willingness to work with the City of Redwood City and the residents as well as noting that there is no rush regarding Docktown as clearly a viable solution will take years to come to fruition. New laws and regulations that are consistent with sea level rise and climate change are not something that the Commission will be able to craft, approve and begin to implement quickly.

Just to reiterate I strongly suggest that the City cease its efforts to evict me in retaliation for exercising my rights in refusing to sign an inappropriate lease. As a landlord the City must also comply with Civil Code § 1942.5 that prohibits retaliatory evictions. I would not only be happy to sign an appropriate long-term lease but have actively worked towards making this a real possibility.