How Many Police Assets does it take?

[Jeff Ruoss]

In the Operating agreements between the State and the City of Alameda the property line is described as the Mean Higher High Tide.

For those that are curious the water adjacent to the beach are part of the Public Trust here are some useful links for more information on Public Trust.

Land Resources Board

A Court Case Regarding Public Trust

Q1: Does anyone know if (and if so, why) KWS was denied the opportunity to bid on the beach concession?

Q2: In addition to sailing lessons, are there others using or transiting these waters and airspace for commercial purposes? (Fishing? Tours? Public transport/ferry? Shipping? etc)

Someone wrote me an e-mail directly asking to respond to the above questions.


Q1: The EBRP's general policy is to only allow one concessionaire per park for any specific commercial activity. Boardsports has had this permit since 1993. Interestingly the concession is on the State lands that EBRP has an Operating Agreement for these lands. Here is the following State Law from the Public Resources Code that applies to this situation. Keep in mind though that the EBRP has declared they do not need to follow this State Code but as of yet have not given us a reason as to why.

5080.30. Agreements may be entered into between the department and
any agency of the United States, any city, county, district, or other
public agency, or any combination thereof, for the care,
maintenance, administration, and control by any party to the
agreement, of lands under the jurisdiction of any party to the
agreement for the purpose of the state park system. The expenses of
the care, maintenance, administration, and control may be paid from
the general fund of the city, county, district, or other public
agency, from the funds of the department, from any funds available to
the agency of the United States for these purposes, as the case may
be, or from revenues generated on the lands subject to the agreement.


5080.33. A concession may be authorized on lands subject to an
agreement entered into pursuant to this article, so long as the
public agency complies with public bidding procedures that provide
for at least the same degree of participation and competition as the
procedures established by Article 1 (commencing with Section
5080.01). No concession may be advertised for bid unless and until
the director has approved in writing the terms on which the
concession is proposed to be let.

5080.10 and so on is quite lengthy but this is the following section that is pertinent.

5080.18. All concession contracts entered into pursuant to this
article shall contain, but shall not be limited to, all of the
following provisions:
(a) The maximum term shall be 10 years, except that a term of more
than 10 years may be provided if the director determines that the
longer term is necessary to allow the concessionaire to amortize
improvements made by the concessionaire, to facilitate the full
utilization of a structure that is scheduled by the department for
replacement or redevelopment, or to serve the best interests of the
state. The term shall not exceed 20 years without specific
authorization by statute.

The permit that was adopted in 1995 was for 5 years with an option to renew in 2000 for an additional 5 years. In May of 2005 the permit is renewed again for additional five years totaling 15. EBRP has notified me though that this permit will not be renewed in 2010.

Regarding Q2 the most interesting and similar situation is that Club Nautique teaches sailing in these waters as well.
Bob though has listed a a bunch of uses.

[Fester]

What were you arrested for???, what were you charged with??????, when is the court date???????

[Fester]

What were you arrested for???, what were you charged with??????, when is the court date???????

[Windseeker]

So if the water off the beach (further out from mean high tide) is public, then boardsports has no right to say who can and can't teach there if they are accessing that location from a different launch point?

If thats true..... then Boardsports is playing some dirty pool......

[Guest]

Definition; Da Hui:A bunch of illiterate hawaiian thugs formed in the 1970s that terrorized uninformed haloes that wandered into said hui turf, a behavior later to be called localism, which was the eventual downfall of the once upon a time "sport of kings",AKA surfing.
If you want to "bring it on" please try using your intellect, and share your experence, skills (assuming you have any),and pitch in instead of just ranting.

I dont know what point your trying to make but your pretty incoherent/ beligerent so im not about to get in a pissing match with the The Bogardus.

Read L.M.G.s post again, smoke a bowl if you have to, but remarks like yours are extremely inflamatory, and do not further anything that resembles constructive dialog, and you are a coward for hiding your real identity. This is a very public forum and the 'Establishment types" who are probably following this closely are probably wondering if kiteboarding is a disease that may not be in the best intrests of familys and general public who use these parks, be allowed to spread in their parks, and just eliminate it, as Huntington beach did permantly.

WHEW!!!! Ill glady burn 1 down if I can get some of that potent shit you must B smokin Donny

I apologise for my rant>, With all the information i have, i still dont see that Boardsports has anything to do with the dispute between Jeff and EBPD.Sounds like Jeff has done his homework, and has a plan to get the issues in question heard, I for one have no problem shareing beach with his operation, and think he should be allowed to bid for a spot on the beach, and instead of bashing Boardsports, people should do what they can to influence EBPD, and see that there are not unfair and incorrect laws being enforced resulting in the spending of tax dollars in excess of what is reasonable.In Cabarete four schools share a much smaller beach , cooperate, and actually enhance safety, (at kite beach).It would be good to see Alameda safety discussion resume to ensure that the ever growing kiting population on this beach does not threaten access to the only place in bay area to safely practise skills so riders can move on to more advanced launches.Peace.

[Guest]

[shadow=red]So if the water off the beach (further out from mean high tide) is public, then boardsports has no right to say who can and can't teach there if they are accessing that location from a different launch point?
If thats true..... then Boardsports is playing some dirty pool......[/shadow]

[glow=red]BINGO![/glow] =D>

[DaHui]

I think we can almost all agree that Bs has stepped on their dick on this one.

[kitechick]

There is still a major difference between this feel of what is "right and what is wrong" and what the court is finally deciding.

From what I gathered during my lifetime is that it is more often the one with the most money and better/expensive lawyer(s) who wins. Not necessarily the one who is "obviously right". A good lawyer can make any facts look right or wrong and sell you their ideas (like good sales people).

This case is just getting hairy for a lot of businesses if the Park for whatever reason can make the court believe the low water mark or even further out is their territory.

So we all should stay tuned, nothing is decided before the last court has spoken. Cheers! -Sylvia

[OliverG]

So we all should stay tuned, nothing is decided before the last court has spoken. Cheers! -Sylvia

I agree. Many of us had some intial responses that were pretty heated, but this is clearly a matter of politics, policy and business, so I'm going to stay out of it and just kiteboard and have fun. Like today!

[knyfe]

suspicious quiet this topic.... and still no clarification. Most probably in the lawyers hands. Thats sad for our spot.

Sylvia, how did your "teaching" went out with your sister? Did you finally got arrested too? Is there somewhere a fixed statement what will be allowed and what not? How about the Buddy system? Still open.

We will see, K