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7.A. - Page 135 knowiedge that the complex diese�engines are fully ruined. Instead af being gi�en time to invest his resources to fix and upgrade the t�aat, as promised, he spent significant amounts of money in a dangerous failed attem�t to be tawed to Napa. Luckily, he returned to the emergency dock outs"tde the �ot line on the same weekend that a family went missing in the Bay's rough waters, narrawly escaping the same tragedy.The harbor has not clearly acquiesced that his unlawfuf detainer must be dismissed. The harbor won an unlawful detainer action with regard to another boat outside its lot line. All of this reinforces the view af many tenants that they cannat get a fair hearing in San Mateo County courts, which is the reason many of them left byJanuary 15`h although they believe tf�at a public harbor should remain. In the unlawful detainer cases and TRO that had been filed,the County courts have taken a harcE line against the tenants, failing to recognize the speciai use case of boat owners intersecting with the claims that the outer harbor is public trust land that the harbor does not own, and only has a conditional use lease for. Many mations were denied preventing dismissaf, with the ruling being that these must be �onsidered at trial. Most disconcerting has been the total silence respecting a 100%disabled veteran and his wife who need �ery close access to the Palo Alta Veterans Affairs Hospital. Very recently, Mr. Stor�e spent neariy eight consecuti�e days in the E.R., ICU and Intermediate ICU and the harbor and court permitted only a single week's continuance of his trial. After spending four full days obtaining cloctor's notes and asking the Court�ia ex parte process to extend the trial, we were successful in obtaining a 3-week extension, when the doctor had strongly recomrr�ended 6 weeks.To obtain that extension Mr. Stone had to agree not to ask for a stay �ast May�Q, 2Q13 if he lost. It remains to be seen which judge will sit for his trial and whether that judge wilf allow consideration of the complex public trust lease issue.The judge in another UD actually ruled the public leases not germane.The public lease issue should have taken e�ery single L1D case out of the fast-track "right to immediate passession" framework. �he unlawful de#ainer statute is intended to give fast possession so that a landlord can re-lease or use property they awn as they see fit. However, here this is not fee simple land af the harbor, nor is it to be used for any pur�ose, including pri�ate boat slips. It is to be used as a commercial harbor and marina, and was er�acted specifically to preserve Pete's Harbor for Pete Uccelfi as it was then operated, which included li�eabaards and indi�iduals working on boats to fix th�m up in their slips.These are both residential and comr�ercial uses, and were intended to be protected by the 1983 Att giving Pete the conditional leases. In additian, the City Council af Redwood City is hearing the tenants' appeal the same day as Mr.Stone's trial. In parallel,the City Manager has been exploring traffic flow and parking requirements for a public and commercial marina, and the State Lands Commission will hold hearings in June respecting the outer harbor. All of this will determine whe�her a commercial marina, and potentially li�eaboards, will rer�ain at the site. 5a why the hurry to e�ict people to wham the harbar sofd non-warking boats, promised time ta work on boats, and who ha�e compelling hardship cases like the 5tones? The City's General Plan calls for keeping the condos and the iiveaboards and the SLC has time and again stated its intention to require a commerciaf public marina.The clevefoper has withdrawn its privatiza�io� atterr�pt.Yet Mr. and Mrs. Stone are being evictet�, at risk of having to pay$30,000 of attorneys' fees to the harbor's lawyers, and they have nowhere to go. They have li�ed on their boa�for 20 years, a nd ha�e nowhere to haul it out, put it"an the hard" as they say for starage, and pay double rent for their boat and a land-based dwelling at the same time. Pubfic support is high for the boaters and we appreciate and need the continued support af the public.