A nonprofit organization filed a lawsuit against Redwood City alleging it violated the terms of a previous settlement agreement regarding Docktown Marina and its environmental impact.
The previous lawsuit, in 2015, issued by attorney Ted Hannig, a resident of One Marina Homes across Redwood Creek from Docktown, resulted in a $4.5 million settlement, reserving $3 million for the city to use to clean up the marina and relocate the estimated 70 liveaboards who resided in Redwood Creek.
However, the lawsuit filed with the San Mateo County Superior Court July 21 by the Hannig Environmental Research Organization alleges the city failed to use the funds to clean up the marina, the dilapidated dock and relocate the remaining nine liveaboards.
According to the lawsuit, dozens of blue Styrofoam blocks are holding the dock afloat and are allegedly deteriorating in the water exposing harmful toxins to the environment and wildlife.
The group alleges the city is responsible for the maintenance of the dock and the deteriorating vessels that remain at the marina, some of which are sinking. The group alleges the sinking vessels may contain harmful pollutants such as oil, fuel, lubricants, polychlorinated biphenyls, asbestos, sewage and floatable materials. On two occasions, the group alleges a propane tank was floating in the water because it was on one of the sinking vessels, according to the lawsuit.
The group alleges the city refused to clean up the marina so it could avoid the loss of $3 million it was required to use to address the issues at the marina, which was outlined in the 2016 settlement agreement, according to the lawsuit.
The lawsuit alleges that in 2020, an 11-year-old girl died at the marina allegedly in one of the houseboats where she lived, at the marina. The death certificate states asphyxia and hanging by ligature as the cause of death. However, the details of the girl’s death are uncertain, despite the city’s duty to fully disclose information regarding the marina to Hannig quarterly, which is part of the city’s 2016 settlement agreement.
“A child should not have died at Docktown because no residents should be living there and maybe she shouldn’t have died at all, but we still don’t have facts about the death,” Hannig said.
San Mateo County District Attorney Steve Wagstaffe said no case was submitted to his office.
The group alleges the city attorney has an obligation to pursue claims regarding the public trust but representing the city is a conflict of interest for its attorney, according to the lawsuit.
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Through a spokesperson, Redwood City declined to comment since it is a pending legal matter.
Public trust
Redwood City has been the trustee of Redwood Creek and tidelands since 1954 and took over operating the marina in 2013 after its then owner, Fred Earnhardt Jr., opted to no longer oversee the harbor, which had fallen into disrepair.
Docktown is in a public trust area that is to be used for specified public purposes, according to the lawsuit. However, the lawsuit alleges a “residential floating home community” violates the terms of the public trust.
After the initial settlement, the City Council voted unanimously to approve the Final Docktown Plan, estimated to cost $10.4 million, with about $4 million for acquisition of barge-based dwellings. Part of a lawsuit settlement found the floating community to be a violation of the public trust, and the plan required residents to vacate the marina by early 2018 and outlined how the city will assess housing alternatives, criteria for relocation assistance and a timeline for property appraisals.
Other allegations, requests
The complaint alleges the city retaliated against Hannig by placing a nonoperable and sinking houseboat in front of his home, declining a carbon neutral donation of 100 acres of rainforest land offered by him and failing to thoroughly investigate who shot a golf ball at Hanning’s head from the marina, which the group claims could qualify as attempted murder, according to the lawsuit.
The group asks the city to restore the funds withdrawn from the Docktown Marina account and to properly label the account as a “Trust Fund,” following the date of the 2016 settlement. The funds are to be held separately from the city funds and used to comply with the orders of the court through a special master, which the court would appoint to carry out all court orders. It also is requesting the city cleans the Styrofoam from the dock and take further action to prevent further damages to the creek. It requests the city to disclose to the public all known facts surrounding the girl’s death and any other material information regarding Docktown. The group is asking the court to order the city to use a different attorney for the public trust than the city’s attorney. And the group is requesting to be compensated for its legal fees.
Full disclosure: Hannig is also the attorney for the Daily Journal.
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