The Elephant on the Table

The Elephant in the room at the Inner Harbor planning meeting jumped onto the table last night

After a lively discussion of King Tides, sea level rise, biological mitigation, water and sewage infrastructures, transit issues and other mundane but important issues that may impact the future of the Inner Harbor, facilitator Laura Stetson turned to the subject many of us came to hear: Jurisdiction.

Why is that so important? Because most of the water, and the land beneath it, in Redwood Creek was given to the City by the State Lands Commission via grants in 1943 and 1945 that came with some conditions. One of them being that the usage would be for a boat harbor (and – go figure - aviation ), consistent with “the trust upon which said lands are held by the State of California” which has been interpreted as not including any kind of residential use (other than a tourist hotel and similar facilities, but that's another story.)

As worded and currently interpreted that raises the question as to whether a floating community (like Docktown) where people live should be allowed to exist on granted lands. Which is a question the Task Force is now charged with deciding.

It is an issue the city has avoided for years.

It is common knowledge that the Marina founded by Frank Salaman which became Docktown was originally a boat harbor. But it became apparent, as the marina continuously silted in, that it was a much better location for floating homes, houseboats, and liveaboards with narrow drafts whose owners didn't mind sitting on mud twice a day.

Salaman was well connected in Redwood City, and with this brother Joseph Waldo owned a lot of land. Joe, if not Frank, was somehow related to the Franks Tannery clan that once owned 200 acres surrounding what is now Highway 101 at Mervyn's Plaza, where at it's peak it was the biggest employer in Redwood City.

Time passed. Salman handed off the Marina (but not the land) to his accountant Fred Earhardt Sr. in exchange for some gambling debts and other obligations before he went off and got himself arrested smuggling laetrile into the US from Mexico

Salaman was a colorful character, who also mysteriously borrowed $50,000 in gold coins from a Jordanian woman named Taroub Rusnack about the same time, and buried it in his back yard in San Francisco. When it disappeared Rusnak sued his widow, leading to Rusnak's stunning acquisition of Frank's half of Docktown for $500,000 in 2010 after the city withdrew it's proposal to pay $10 million for the property . More recently a developer has reportedly offered $25 million.

In the meantime Earnhardt's son Fred Jr. had latched on to the Marina master lease. Leases with both the city and the Salaman clan allowed him to run his own version of the harbor for years, allowing more and more liveaboards and larger and more elegant floating homes which which were more lucrative tenants than small boats.

The city knew this was happening, of course, and cashed the checks he sent them, but recognized it had a problem by 2005 when it lost a lawsuit over a Floating Home Earnhardt never authorized. That same year they wrote a new lease for Earnhardt, outlining how many liveaboards and floating homes were authorized, but requiring the approval of the State Lands Commission.

The city then solicited the help of State Representative Ira Ruskin to get the legislature to change the grant and allow it. That attempt failed. Councilwoman Barbara Pierce said the State Lands Commission nixed it.

The city's response, like Earnhardt's, was to ignore the problem. He never signed his lease, but was allowed to continue running the Marina and collecting rents, giving the city their share for 7 more years.

Since Earnhardt's Docktown Inc folded earlier this year leaving the city in control, they have continued to accept rent from the residents, but warned that that developing a long term plan could bring the issue as to whether grant rules allowed to be here under back to the surface. It was perceived as a threat to force compliance to new rules and conditions.

Docktown leaders traveled to Sacramento to have an exploratory meeting with the State Lands staff, who told us they were aware of the situation, and would have to defend the statue as written if it became an issue, but would take no action unless someone pressed for an investigation.

A city official denied any intent to do that, and said the landowners would not press for an investigation because they didn't want to embarrass the city. However the city invited a State Lands Rep to sit on the task force.

SLC staff have missed most of the meetings, including the one last night, where the city's contract facilitator described the situation, and painted a stark choice the task force was being asked to make. On one hand they could recognize the terms and limitations of the land grant, and recommend that no (floating) residences would be allowed at Docktown or other granted waters. On the other hand they could recommend that the city engage the legislature and Lands Commission in an attempt to have the grant amended so we can stay.

Many Docktown residents who attended the meeting said afterward they felt it was clear that the City prefers the former course, and probably expected if not intended this to happen from the outset. This would relieve them of the need to manage and administer the property, and invest money in capital improvements deferred during the Earnhardt years.

Docktown is the last floating community in the South Bay, with strong historical ties to downtown; a vibrant community with a connection to the water, and history of protecting the creek ;an independent spirit that stands in contrast to the planned sameness that blights many neighborhoods. And we can rise with the tides and sea levels over the coming decades.

Upgrading the docks for our floating homes is a bargain compared to the cost of dumping enough dirt on the inner harbor properties to raise the level of 80 acres by 12 feet so it doesn't get inundated.

Stay tuned. And let us know what you think by commenting on this page and at our new google plus Inner Harbor community site at https://plus.google.com/u/0/communities 

Disclaimer: The views expressed are that of the author and may not represent views held by other members of the Redwood Creek Association or Docktown Residents.