Lake Hodges update

[BajaVaya]

Hi All,

I received the following e-mail from Stacey Lo, in response to 50 sheets of petitions (as of last week, 62 now -- many almost filled with signatures):

[boracayboardhead]

Way to go Ian!!!! Maybe we should get KUSI's Turko involved eh? He's always willing to tackle "City Hall".

[Aeolian1]

A quick review of California Dept. of Boating and Waterways statistics illustrates that accidents and drownings are extremely common among fishermen in open boats, yet they are permitted access to Lake Hodges without supervision.

Thus, refusing access to windsurfers is illogical. Oh yes, it is also discriminatory. Seems like a pretty solid opening argument in court!

[MalibuGuru]

FYI: Read from bottom to top

Mr. Weber,

Under the laws of the State of California, Windsurfing (ie. Windsurfers) are considered un-licensed un-regulated vessels. Some lakes like Lake Isabella have gone as far as requiring cf numbers (ie. vessel registration). At the other end of the spectrum, some ocean beaches monitor the launching of windsurfers because they are vessels.

For example, Marina Del Rey tried to stop Windsurfing, but quickly determined that under equal protection, they were considered vessels.

Please research this. There are thousands of interested Windsurfers who want access, and believe they have the right to use Lake Hodges.

S


From: Weber, Joe
Sent: Wednesday, May 12, 2010 12:48 PM
To:
Subject: RE: Lake Hodges


Mr. B,

Yes, the permit from DPH allows for fishing and boating without the requirement of a patrol boat (and staff with enforcement abilities) on the water at all times. At the time of our amended permit, fishing and boating were not considered “bodily contact activities”. Windsurfing is considered a “bodily contact activity” which requires the patrol boat.

Joe Weber


To: Weber, Joe
Subject: Re: Lake Hodges

Mr. Weber,

Thank you for your quick response. Do you allow boating on the lake?

S

From: Weber, Joe

Sent: Wednesday, May 12, 2010 10:34 AM

To:

Cc: Fisher, Jim ; LoMedico, Stacey ; Boyd, Craig ; Norris, Garry

Subject: RE: Lake Hodges



Mr. B,



Unlike Mission Bay and San Diego Bay, recreational activities on the City’s reservoirs are regulated by the Department of Public Health.


In 1987, the Water Department asked the Department of Public Health (DPH) for an amendment to the domestic water supply permit to allow bodily contact activities on City reservoirs. The Engineering Report from DPH, dated July 6, 1987, responding to our request states that such activity would be allowed provided “A patrol boat would be maintained on the water at all times. The patrol boat would be staffed by a department employee with life-saving and emergency medical technician (EMT) certification. The employee would have the authority to issue citations.” The cost of providing a patrol boat and employee with this capability is over $600 per day.

Windsurfing attendance has gradually declined from averaging over forty sailors per day in the early 1990’s to averaging less than thirty sailors per day in the early 2000’s. Even if we were to double the old fees, the cost of operating the program would not be covered.



It is regrettable that we had to discontinue this program at Hodges, but we are under direction to operate all water related recreation on a self-sustaining basis.

Thank you for your past support of the program and please let me know if you have any other questions.


Sincerely,

Joe Weber

Lakes Program Manager

From: LoMedico, Stacey
Sent: Tuesday, May 11, 2010 12:35 PM
To: LoMedico, Stacey; S
Cc: Fisher, Jim; Weber, Joe
Subject: RE: Lake Hodges



Mr. B,

Mr. Fischer has an auto-reply and is out until Monday, so I have cc’d another staff person in the Dept to assist with your email.

Take care,



From: LoMedico, Stacey
Sent: Tuesday, May 11, 2010 12:34 PM
To: 'S
Cc: Fisher, Jim
Subject: RE: Lake Hodges



Mr. B,

I have copied Mr. Jim Fischer of the Public Utilities (PU) Department to respond to your request, as the PU Department maintains and operates the lakes within the city of San Diego.



Take care,

To: LoMedico, Stacey
Subject: Lake Hodges


This is an important issue to thousands of windsurfers throughout California. We also have valid legal claims to pursue Windsurfing on Lake Hodges.



Dear Stacey,

We are informed that Lake Hodges will continue to be closed to windsurfing, despite

completion of the lake interconnect aqueduct. We respectfully request that the lake be opened to

windsurfing, as it was prior to the project and your website continues to feature. Mission Bay and

San Diego Bay, under city jurisdiction, permit windsurfing with little restriction.

Lake Hodges, uniquely situated between the cool coast and hot inland, gives rise to strong

reliable geothermal winds throughout the summer that attracted aficionados from throughout

Southern California, before its closing.

Windsurfing is a non-polluting sport with negligible impact on the environment and minimal

interference with the enjoyment of the lake by other users. Indeed, many picnickers came to watch

the sport and “beat the heat” out of doors, which resulted in a growing following of parents and

children from far and wide. Summer windsurf camps were almost booked out.

We urge you to reconsider denying this unique resource to a benign, safe, healthy, self funding,

“green” activity supported at other city venues, which adds to the attraction of San Diego as

a tourist destination – as often touted in promotional photos.

[boracayboardhead]

Wow this week would have been awesome on the lake. 2 or 3 days for sure, it was quite windy. Saw it on my way home. Keep on pushin Ian!!!

[BajaVaya]

Good work Stevenbard

Now everybody can see why I have abandoned any dialog with the bureacracy -- it's fruitless.

I have been bouncing a cover letter off SDWA members for our mailings to the SD C/Council, etc. The comments are all in, the version to go out finalized. We are ready to assemble the mailing packets with 70 sheets of petition copies in each. Most important, will be the packets to the local rags.

Weber's arguments are specious. The bottom line is:
Are powerboats trumping windsurfers to be the image of "America's finest city"?

All the rest from Public Util is smoke screen. The above is the question we hope the media will zero in on -- with the help of an e-mail blitz from all you wonderful tourists out there: signers from Hawaii to Baltimore, from Texas to Montana.

[MalibuGuru]

Maybe some brave soul could get a cf# for their board. Then go to the lake and launch. I don't see how they could site you under equal protection.

[boracayboardhead]

Hey now that might be an idea haha what would a CF# run? Never owned a boat so I'm unfamiliar with the process/cost? If they don't have a patrol how would they even cite you? Wait for your eventual return?

[MalibuGuru]

http://www.dmv.ca.gov/boatsinfo/boatreg.htm

What Vessels Must be Registered?
Generally, every sail-powered vessel over eight feet in length and every motor-driven vessel (regardless of length) that is not documented by the U.S. Coast Guard which is used or on the waters of this state are subject to registration by the Department of Motor Vehicles (DMV). The vessel must be located in California.

Vessels previously registered in other states must be registered in California within 120 days of being brought into the state, if it will be used upon California waterways the majority of the time.

The term vessel applies to every description of water-craft used or capable of being used as a means of transportation on water, except the following:

•A seaplane on the water.
•A watercraft specifically designed to operate on a permanently fixed course and guided by a mechanical device that restricts the watercraft's movement to the fixed course.
•A floating structure that is designed and built to be used as a stationary waterborne residential dwelling, which, (a) does not have and is not designed to have a mode of power of its own, (b) is dependent for utilities upon a continuous utility linkage to a source originating on shore, and (c) has a permanent, continuous hookup to a shoreside sewage system.


The following vessels do not have to be registered in California:

•Vessels propelled solely by oars or paddles.
•Nonmotorized sailboats that are eight feet or less in length.
•Nonmotorized surfboards propelled by a sail and with a mast that the operator must hold upright.•A ship’s lifeboat (a dinghy is not a lifeboat).
•Vessels currently and lawfully numbered (registered) by another state that are principally used outside California.
•Vessels brought into California for racing purposes only (exempted only during races and tune-ups).
NOTE: Commercial vessels of five net tons or more, or 30 feet or more in length must be registered (documented) by the U.S. Coast Guard.

[MalibuGuru]

Mr. Weber,

I haven't heard from you, but here is the State of California website that illuminates the issue. Under equal protection, we have the right to use the lake.

Steven Bard

http://www.dmv.ca.gov/boatsinfo/boatreg.htm