WANT TO KNOW WHAT IS SAID BEHIND CLOSED DOORS? The opinions expressed by columnists are their own and do not necessarily represent the views of Crescent City Times.com By Investigative Reporter, Linda Sutter – October 24, 2025 NOTE: This information was provided to Ms. Sutter by a member of the public after the Harbor Master left the chat open. See Editor's NOTE below. On October 22, 2025, Harbor Master Rademaker held a “Special Meeting”. The special meeting with the Commissioners was to have a closed session and then resume to open session and it began sharply at noon. The closed session meeting had three topics of discussion before returning to open session. Those three topics were : conference with legal counsel for anticipated litigation; real estate/property negotiations involving 750 Hwy 101 and property negotiations for 159 Starfish Way. When you have an agenda for closed session items you cannot talk about any other public business except for those items. However, in this particular case, that was not the exception. What unlawfully transpired was an obstruction of transparency, violation of the Brown Act for transparency, and a real demonstration of how the Harbor District demonstrates how they defy and go against the public regarding transparency and accountability. The conversations began from Harbor Master, Mike Rademaker. After public comments the meeting adjourned to closed session for three items; anticipated litigation, initiation of litigation, and real property negotiations regarding two properties at Crescent City Harbor and Starfish Way. Fisherman’s Catch Lease Review, The board discussed the situation with Fisherman’s Catch, who owes approximately $5,500 and has violated lease terms. Attorney Ryan Plotz advised that commissioners with financial interests in Fisherman’s Catch should recuse themselves from decision-making. The board considered whether to terminate the lease or place new conditions on the month-to-month arrangement, with concerns raised about the impact on the fishing fleet and potential replacement of Fathom. Attorney Ryan Plotz (district counsel) suggested including provisions for disputes and audit rights in any revised lease. Fisherman’s Catch Lease Dispute Resolution. The board discussed issues with Fisherman’s Catch, including their failure to pay Fisherman’s Catch, including their failure to pay fishermen and potential lease violations. Attorney Ryan Plotz (district counsel) explained the legal process for eviction, which would take several months and allow the company to continue operating during that time. The board considered giving Fisherman’s Catch a short window to pay outstanding debts before proceeding with termination. They also discussed Fathom’s interest in taking over the hoists and the need to review the right of first refusal clause. The board agreed to issue a 30-day notice and begin preparing for potential litigation, while exploring options to expedited the process if necessary. Lease termination and Operator discussions The commissioners discussed terminating a lease for a tenant who was illegally subletting and not paying poundage fees. (Peter?) They agreed to restart the 30-day termination notice process and prorate rent payments for November. Attorney Ryan Plotz (district counsel) explained that while the lease had expired, they needed to send a new 30-day notice to terminate the month-to-month holdover period. The Commissioners also discussed two potential operators, BSD Properties and Crescent City Holdings, for a harbor facility. They noted that both companies had submitted follow-up information, but BSD Properties was hesitant to make a firm financial commitment until they had community support. RV PARK LESSEE NEGOTIATIONS The board discussed two potential lessees for the RV Park; Sean and Scott’s Crescent Holdings and BSD. While BSD has a larger investment compacity of around $8 million, the board expressed concerns about their ability to start operations in winter. Crescent Holdings, with a guaranteed $90,000 annual revenue, was favored by some board members despite having less capital, as they were more proactive in negotiations. The board agreed to move forward with exclusive negotiations with Crescent Holdings, pending financial background checks and credit reviews of principal owners. DEVELOPMENT PROJECT NEGOTIATION STRATEGY The board discussed negotiations with two applicants for a development project. They agreed to move forward with negotiations between Sean and Scott, and potentially introduce them to BSD as a potential partner. The board also decided to propose an exclusive negotiating agreement with a $10,000 fee for a 60-day period. They discussed the need for financial vetting of the applicants, with Attorney Ryan Plotz suggesting using Ernst Jung or Mike Bhar for this purpose. The board considered whether financial checks would still be necessary if BSD were to join with Sean and Scott, but ultimately decided to proceed with background checks for all parties involved. . After closed session, the Board members returned to open session and Chair Weber stated there was nothing to report out of closed session, however, Weber pulled items number 3. Discuss findings of the ad hoc committee on the RV park RFP (request for proposals). And item # 6. Consider usage of the lease area currently occupied by Fishermen’s Catch and provide direction to staff. These items were discussed in closed session which violates the accountability and transparency acts of the Brown Act. The board members knew they were violating the Brown Act and chose to willfully withhold public discussions regarding those two items. Additionally, because of those discussions the Regularly scheduled 2:00 p.m. meeting did not start until 2:30 p.m. Attorney Ryan Plotz: Draft and send termination noticed to Fisherman’s Catch including 30-day notice to vacate and notice to cure violations, ensuring proper certified mail service with tracking Mike Rademaker: Coordinate with Christina to not accept rent payments from Fisherman’s Catch beyond the prorated amount for the 30-day notice period. Andy: Conduct background and financial checks on Crescent City Holdings contingent on board direction Mike Rademaket: Introduce Crescent City Holdings to BSD properties to explore potential partnership opportunity. Attorney Ryan Plotz: Prepare exclusive negotiating agreement with $10,000.00 fee for 60-day period selected RV Park developer Mike Rademaker: Meet with Family Resource Center next week regarding filet station permit status and construction time. Mike Rademaker: Finalize Regional Investment Grant application with GoBiz by November 5th pre-application deadline DONNA WESTFALL- EDITOR'S NOTES AND QUESTIONS: Bartnicki v. Vopper, 532 US 514 (2001), is a United States Supreme Court case relieving a media defendant of liability for broadcasting a taped conversation. In Bartnicki, the US Supreme' Court held that the First Amendment gave the news media a right to publish truthful information on matters of public concern, even if unlawfully acquired, provided the publisher did not participate in the unlawful conduct. You can pull up the agenda on Closed Session by going to: https://www.ccharbor.com/2025-10-22-archived-agendas-special-meeting Why would meeting with Family Resource Center regarding filet station permit status and construction time be included in closed session? How can the Harbor District apply for grants when they are in default on a loan and have not paid their insurance?