HomeMy WebLinkAboutAgenda Report - August 19, 1987 (91)REVIEW OF THE LODI
PARKS AND RECREATION
COMMISSION'S
RECOMMENDATION
REGARDING MOTORIZED
BOATING ON LODI
LAKE
CC -27(c)
CC -40
17
CITY COUNCIL MEETING
AUGUST 19, 1987
Council was reminded that at its regular meeting of June 3,
1987 the City Council heard a recommendation front the Parks
and RecreEtion Commission that motorized boating be
prohibited on Lodi Lake. The matter was set for public
hearing June 17, 1987 and was held on that date. At the
conclusion of that hearing, at whicF considerable testimony
was presented, the City Council referred the matter back to
the Parks and Recreation Commission with a request that the
Cnmmission consider a compromise solution which might
provide for non -conflicting use of the lake by both
motorized and non -motorized craft.
The Commission again heard this matter at its regular
meeting of July 7, 1987 and voted unanimously to return its
original recommendation to the City Council. Thp
recommendation is that all motorized boating be eliminated
from Lodi Lake with certain exceptions (i.e. Fourth of July
races); and that the boat launching ramp remain open to
provide access to the Mokelumne River with the prohibition
of certain types of high-performance boats.
Addressing the Council regarding the matter were:
A) Mr. Les Kolb, 303 Acacia Street, Lodi
b) Mr. Adam Farrow, 29 Kelly Street, Lodi
c) Mr. Paul Wood 251 Corinth Avenue, Lodi
RQsponding to questions as were posed by the Council were
Parks and Recreation Director Ron Williamson and Parks
Superintendent Scott Essin.
Following a lengthy discussion, Council on motion of
Council Member Hinchman, Pinkerton second, established the
following schedule for boating on Lodi Lake:
-77 777777
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A) Power craft will be allowed to use the lake from 8:00
a.m. to noon and 6:00 P.M. to dusk on Mondays,
Wednesdays, and Frida;s.
B) Aon-power craft will be allowed to use the lake from
8:00 a.m, to poor. and 6:00 p.m. to dusk on Tuesdays,
Thursdays, Saturdays, and Sundays.
Further, Council directed that a survey be conducted on the
lake's usage by non-power craft.
The motion carried by the following vote:
Ayes: Council Members - Hinchman, Pinkerton, and
Olson (Mayor)
Noes: Council Members - Reid
Absent: Council Members - Snider
On motion of Council Member Hinchman, Olson second, Council
voted to close the boats' access from the launch on the
lake tc the Mokelumne River next March.
The -.notion carried by the following vo`e:
Ayes: Council Members - Hinchman, Pinkerton, and
Olson (Mayor)
Noes: Council Members - Reid
Absent: Council Members - Snider
Council Member Hinchman then moved that all V-Drive, and
inboard jet craft be restricted from using the lake. The
motion was seconded by Council Member Pinkerton.
(Following additional discussion, the maker of the motion
and the second agreed to withdraw the motion).
Mayor Olson then directed staff to bring back to the
Council a recommendation on the types of power craft that
should be prohibited from using the lake.
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t:C�li `CII. CO.II A1I;1IC:�
TO. THE C'.TY COUNCIL
FhONk. THE CITY M hvGEP'S OFFICE i` Au j��� j
gus L i j
SvB;ECT: It
REVIEW OF THE LODI PARKS ix RECREATION COMMISSION'S RECOMMENDATION REGARDING MOTORIZED
BOATING ON LODI LAKE
PREPARED BY: City Manager
RECOMMENDED ACTION: That the City Council review the recommendation of the Parks
and Recreation Commission concerning motorized boating on
Lodi Lake and take action as deemed appropiate.
BACKGROUND INFORMATION: At its regular meeting of June 3, 1987 the City Council
heard a recommendation from the Parks and Recreation
Commission that motorized boating be prohibited on Lodi
Lake. The matter was set for public hearing June 17 and the
hearing was held on that. date. At the conclusion of that hearing, at wfJ ch
considerable testimony was presented, the City Council referred the matter back to the
Parks and Recreation Commission with a request that the Commission consider a
compromise solution which might provide for non -conflicting use of the lake by both
motorized and non -motorized craft.
The Commission again heard this matter at its regular meeting of July 7, '987 and
voted unamimously to return its original recommendation to the City Council. The
recommendation is that all motorized boating be eliminated from Lodi Lake with certain
exceptions (i.e. Fourth of July races); and that the boat launching ramp remain open
to provide access to the Mokelumne River with the prohibition of certain types of
high-performance boats. A copy of the Council Communication prepared by the Parks and
Recreation Director for the regular City Council meeting of June 3, 1987 is attached
(Exhibit A). Also attached (Exhibit B) is a boating schedule prepared by the Parks
and Recreation Director which represents a possible compromise solution should the
City Council wish to pursue that alternative, and a draft "Lodi Lake Boating
Regulations" (Exhibit C). In addition, Lodi Lake personnel were directed to monitor
power boat traffic on the lake for several days during those hours when "open boating"
is permitted. A copy of the results of that survey is attached (Exhibit D).
The Parks and Recreation Director and other appropriate staff of that department will
be in attendance at Wednesday night's meeting to answer questions and provide
whatever additional information Councilmerrbers might desire. A representative of the
Parks and Recreation Commission will also be in attendance.
Respectfully submitted,
Thomas A. Peterson
TAP:br City Manager
Attachments (4)
TXTA.07A COUNC246
r - tU CIL CO.l MUNICATIC`
TME CITY CCU:'fC:L IIA I NO
FROM. THE CITY MANAGER'S OFFICE June 3, 1987
City Council set a public hearing to consider recommendation of the Parks
and Recreation Commission regarding motorized boating on Lodi Lake.
RECUMME%DED ACTION:
Parks Land Recreation Director
That the City Council set a public hearing for
June 17, 1987, to receive public input regarding
motorized/power boating on Lodi Lake
BACKGROUND INFORMATION: The Parks and Recreation Commission took tinder
advisement the recommendations of the Lodi Lake
Park Baster Plan of 1975 (Exhibit A attached) and
the current plan under development by ;Mr. Richard Bigler (Exhibit B attached)
wherein both have recommended the elimination of motorized/power boating on -
Lodi Lake due to the size of the Lake, its liability during use, and its
disruptive uses by motorized/po-Ner boats which restrict the use by any
others wishing to put sailboats, canoes, or any other non -motorized crafts
in the water. Additionally, it has been stated that use by motorized
crafts have torn down and eroded the banks and required extensive repairs
to same, i.e. cement retaining walls have been constructed to prevent
further bank problems.
The Parks and Recreation Commission conducted two meetings to hear public
concern over eliminating motorized power boating on the Lake, which were
held on April 7 and May 5 during the course of the regular Commission
meetings. Approximately 20 people were present at these two meetings,
which had been set to explore and discuss the basic problems and receive
input. Various legal questions were asked at these meetings, at which
time Director Williamson was asked to secure answers to laketri.ver concerns
and report back at the May meeting.
These questions were directed to City
attend the May meeting and answer any
as to bring the Commission up-to-date
sibilities.
Attorney, Ron Stein, who was asked to
questions that might be raised as well
regarding access and liability respon-
After much discussion and participation by the audience, the Commission
moved that (1) all motorized power boating be eliminated from Lodi Lake,
with the exception of sanctioned City of Lodi sponsored activities, rental
boat recovery needs, and general park patrol functions; (2) that the
launch or ramp be kept open for public access, for launching motorized
power crafts, which will in turn be required to go directly into the river
and exit likewise to recover craft; and (3) that there be a restriction on
the types of motorized crafts that can be launched, those types being
V -drives, inboards and jet boats, and all others would be approved to
launch and have access to the river.
It should be noted that this recommendation was put together with assistance
from citizens present and met with approval at its conclusion for presentation
to the Council.
I might additionally bring to your attention the "Lodi Municipal Code" book
of the general ordinance of the City and to Section 12: "Streets, sidewalks
and public places" Page 203, 12.12.180 "Bo•ng - Where Permitted" for
review of the current ordinance covering b a in in public places (Exhibit
C attached.)
Ronald t. ' lliamson, Director
Recrea n and Parks Department
EXHIBIT A
LODi LAKE MASTE:.cLAN- SUMMEP 1966
BOA' l NG
The issue of boating is brought up in the 1975 Masterplan of the
Lodi Lake. The recommendation is to discontinue power boating.
No discussion exists other than to stop power boating.
Power boating, as it now exists should be discontinued. Not only
is the present use life threatening, it is a miracle, no life or
limb has beer) lost to date. The result of such a accident would
Tesult in a massive suit against the City.
Other negative factors of power boating are:
a. Noise pollution of a residential area.
b. Human powered boats, sail boats, surf craft and power boats
do not mix. (photo record)
c. Bank damage to the river. The main portion of the lake and
some areas of the river are protected'by a low wall.. Many
of the upper river areas have no protection and the power
boating creates wakes that are breaking down the banks.
Trees along the bank are being undermined and•are falling
into the river. (photo record)
The banks that fall into the river cause silting and filling
of the river and foredan. In the diSCussion of the infrared
discussion of the marsh, it is pointed out that further
silting of the river and lake areas would cause the marsh
to expand to a condition that would be unmanageable. The
whole of the existing waterways could be choked with reeds.
(photo record)
1
EXHIBIT B
he e i� 3t�ng :7�3tuSai aimenit:es len-4 thumEeive to a -nature ,'_? t.c:
program which can be used in conjunction with the school system and can
be offered to the general public on weekends and holidays during the
high -use seasons of the year.
F. The 13 -acre area to the west of the existing park, because of its rela-
tive protection from flooding and its large, flat land area offers the
opportunity for development of high intensity park uses such as group
picnicking, informal games and sport fields and a large parking lot.
G. Because of the extreme cost and physical difficulty in developing a total
circulation system, several circulation alternatives should be considered
including_ perimeter road system, one-way perimeter road system, and
elimination of automobiles and use of a tram system.
H. The existing facilities at Lodi Lake Park should be studied and their
functions combined into fewer new structures appropriately located to
reduce congestion at the main entrance area, and provide improved service
to the park users.
I. Because of its relatively small size and configuration, power boating on
Lodi Lake itself should be eliminated.
The project would initially involve development of Phase I and portions of
Phase II as outlined in the Master Plan. (pg•2 ) Implementation of Phase I
calls for development of the 58 acres northeast of the present park into a
limited use Nature Study Area. This would be comprised of a paved bicycle,
emergency/service access, and hiking trail around the perimeter of the 58
acres. There will be two paved access trails which cut across the nature area
and tie in with the trail around the perimeter. These trails are necessary
for emergency equipment access and fire protection. The fire hazard in this
area has been a serious problem for years. In addition to the paved trail,
there will be an unpaved nature trail through the area to allow for nature
study tours by individuals and organized groups.
A water system will be installed in the area which will provide for fire
protection and irrigation of the levee adjacent to the homes located along
Edgewood Drive. Pig's Lake, the drainage ditch, and rainfall will provide
much of the water necessary to plant and wildlife inhabiting the area.
Chemical toilets will be installed to service the nature study area, so that
extension of a sewer line will not be necessary.
This area would be developed with minimal environmental impact to preserve
its natural aspects, while allowing limited public recreation use.
The City plans to implement portions of Phase II in conjunction with develop-
ment of the nature study area to help alleviate a deficiency in high intensity
recreation use areas. This would entail removal of the grape vineyard from
the 13 -acre parcel west of the lake. 7_e land would be graded and prepared
for lawn seeding and some tree plantings. It would be irrigated and one of
11
12.12.1-50 Bathing, swimming and
12.I2.180 Boating—Where
waters kiinp,—Where
permitted.
permitted.
No person in a park shall bring into or
No person in a park shall s%%Im, bathe.
operate any boat. raft or other,,yate-craft.
wade. orLater ski in any waters or water-
whether motor-pom Bred or not. upon
«a -s in or adjacent to ani park. except in
an,. waters. except at places design,ted
such waters and at such places as are
for boating by the director. Such act(%ity
provided therefor. and in compliance
shall be in accordance with applicable
with such regulations as are set forth in
relgu!ations as of the efi.-,-P:c date c}f the
this chapter or may be adopted_ nor shall
ordinance codified in this chapter or ma,,
any person frequent any waters or places
thereafter be adopted. ( Prior code
customarily designated for the purpose
of swimming, bathing or waterskiing, or
congregate thereat when such activity is
12.12.190 Boating;—Safety.
prohibited by the director upon a finding
No person in a park shall navigate.
that such use of the water would be dan-
direct or handle any boat in such a man -
serous or otherwise inadvisable. (Prior
ner as to unjusu ably or unncessanh
code y 15A-27)
annoy or frighten or endanger the occu-
pants of any other boat. (Prior code 3
12.12.160 Bathing, swimming and
15 A-3 f )
waterskiing—Hours.
No person in a park shall frequent any
12.12.200 Boating—Flours.
waters or places designated for the pur-
No person in a park shall launch. dock
pose of swimming or bathing, or congre-
or operate any boat of any kind on any
gate thereat. except between such hours
waters between the closing hour of the
of the day as are designated by the direc-
park at night and opening hour the fol -
for for such purposes for each individual
lowing morning, nor shall any person be
area. (Prior code § I55A-28)
on. or remain on or in any boat during
the closed hours of the park: ( Prior code §
12.12.1 70 Beach structures.
15A-3'-)
(_
No person in a park shall erect, main-
tain. use or occupy on or in any beach or
12.12.210 Picnic areas—Use.
bathing area any tent. shelteror structure
No person in a park shall picnic or
of anv kind unless there is an unob-
lunch in a place other than those desig-
structed view into such tent. shelter or
nated for that purpose. Attendants shall
structure from at least two sides: nor shall
have the authority to regulate the
any guy wire, rope or extension, or exte-
activities in such areaswhen necessary to
nor brace or support, be connected or
prevent congestion and to secure the
fastened from aav such structure to anv
maximum use for the comfort and con-
.r
other structure. stake. rock or other
vr.iience of all. Visitors shall comply
object outside of the structure. (Prior
.ith any directions given to achieve this
code § 15A-29)
end. ( Prior code § 15A-33)
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_-ilii :',: JRKS AND
LOD11 LAKE PARK BO AT I ING R'EC-'+LAT IONS
1. ALL CALIFORNIA.BOATING LAWS WILL BE ENFORCED UNLESS LOCAL
BOATING REGULATIONS SUPERSEDE SAME HEREIN.
2. ALL BOATERS MUST ADHERE TO THE CITY OF LODI/LODI LAKE PARK
DAY/TIME/CRAFT SCHEDULE.
3. ALL BOATS MUST BE LAUNCHED AT LAUNCH AREA ONLY.
4.- JET SKIIS, WET -BIKES, OR MOTOR -POWERED SURFBOARDS ARE ALLOWED
ON THE LAKE ON THE DESIGNATED DAYS/TIMES FOR POWER BOATING.
5. NO SWIMMING, INNER -TUBES, OR AIR MATTRESSES ALLOWED ON LAKE
EXCEPT IN DESIGNATED SWIMMING AREA.
6. BOAT DOCKING ONLY AT BOAT DOCK AREAS.
i
7. ONLY THREE f3i POWER BQATS/MOl-ORIZEDCRAi=T AT ONE TIME ON LAKE.
8. NO BOATS ALLOWED IN BEACH AREA.
9. NO BOATING ALLOWED AFTER DARK.
10. PARK RANGERS WILL BE MONITORING ALL AQUATIC BOATING ACTIVITIES
AND SHALL BE UNDER THE PARKS AND RECREATION DEPARTMENT'S
AUTHORITY AND DIRECTION FOR CONTROL AND SAFETY OF THE LODI
LAKE AREA.
7/2/87
6 _
;Boats
0
0
0
I
1
2
1
I
2
1
8/22/87
1
3
2
3 0
/Att.
3
4
8
2
3
7
3
2
7
9
n T p [: r t n1 6C P A D"" D E
LODI 1-a%K.E PARK
P O W E R B 0 A T C 0 U N T
7/22/87 - 8/5/87
7: 3 0 8: 3 0
S arne �Same
#Boats/Boats/Att. #Boats/Boats/Att.
{ t
1 4 1 1 4
I 4 I 1 4
1 3 1 1 3
1 1 3 0
1 1 4 0
I 1 5 0
2 I 6 0
1 1 3 0
2 2 7 0
2 1 7 1 I 3
5
1
2
I
I
2
5
2
9
0
0
0
1 TOTALS
{ rvu TDTT Tl 1
l L�1L11L� {
T 0
#Boats
I
1
0
1
2
2
1
2
2
6
3
2
24
FAT
Same
/Boats/Att_
1
4 `
2;
I
4'
E
1
3
1
4
{
2
13
2
8
1
3
2
7
E
2
10
1
3
2
19
17
9 1
9
91
Date
1987
77
7/23
7/24
7/25
7/26
7/27
7/28
7/29
7/30
7/31
8/1
8/2
8/3
8/4
8/5
6 . 3 0
rBoats/AL
0
0 0
f 0 0
0 0
1 3
1 4
pi
I
. I
2
1
2
4
1
3
2
8
2
3
7
3
6
9
2
7
9
Rev. 8/17/87
t
LODI
PARKS cS RECi;E?TLOi?
DEPT.
V
~�
LODI LAKE
PARK
P O W
E R B 0 A
T C
0 U V
T
7/22/87 -
8/5/87
7:
3 0
8:
3 0
T 0
T A L
r
r
Same
Sa e
Same
`Boats/Boats/Att.
t
;"Boats/Boats/Att.
,Boats/BoatslAtt.
I
0
4
I
1
4
2
I
8
I
0
4
1
I
4
2
1
8
1
0
3
I
1
3
2
i
6
I
1
3
0
0
0
2
I
6
I
1
4
0
0
0
2
1
8
I
1
5
0
0
0
3
1
13
2
I
6
0
0
0
2
1
8
1
1
3
0
0
0
2
1
6
2
2
7
0
0
0
4
2
14
2
1
7
1
1
3
4
2
10
4
2
11
. 5
2
13
11
4
30
6
3
14
5
1
13
15
4
36
5
1
5
0
0
0
6
7
1
1
2
0
0
0
4
1
9
2
2
9
. 0
0
0
4
2
18
TOTALS
65
23 187
Date
1987
7/22
7/23
7/24
7/25
7/26
7/27
7/28
7/29
7/30
7/31
8/1
8/2
8/3
8/4
8/5
TOTALS 42 116
!ODI PARKS AND RECREATION DEPARTMENT
LODI LAKE
PARK
POWER BOAT
COUNT
7/22/87 -
8/5/87
6:30
PM
7:30 PM
8:30 PM
TOTAL
Same
Same
nBoats/Occp.
#Boats/Boats/Occp.
#Boats/Boats/Occp.
#'Boats/Occp.
0
0
1 0 4
1 1 4
1
4
0
0
1 0 4
1 1 4
1
4
0
0
1 0 3
1 1 3
1
3
1
3
1 1 3
0 0 0
1
3
1
4
1 1 4
0 0 0
1
4
2
8
1 1 5
0 0 0
2
8
1
2
2 1 6
0 0 0
2
6
1
3
1 1 3
0 0 0
1
3
2
7
2 2 7
0 0 0
2
7
1
3
2 1 7
1 1 3
2
7
2
6
4 2 11
5 2 13
7
19
4
9
6 3 14
5 1 13
11
26
1
2
5 1 6
0 0 0
5
6
'<
3
7
1 1 2
0 0 0
3
7
2
9
2 2 9
0 0 0
2
9'<',
TOTALS 42 116
t_ t_
; i^• cr
MEMORANDUM
To: Honorable Mayor and Council Members
From: City Attorney
Date: August 11, 1987
Subj: Navigability of Lodi Lake and Mokelumne River
Attached hereto is a copy of a memorandum that I prepared regarding the }
question of whether the Mokelumne River and Lodi Lake are navigable
waters, and if so, whether the City could regulate the use of power boats
on the Lake and/or the Mokelumne River. Also attached hereto is a copy of
a letter which I sent to the United States Coast Guard and the response that I
received from the Coast Guard. ."
This information is being furnished to you in the event that the question of E
the navigability of Lodi Lake and/or the Mokelumne River, and its relationship
to the City's ability to regulate power boats on either or both of these
bodies of water, is brought up at the August 19, 1987 City Council meeting at
which time the question of the boats on Lodi Lake will be brought before the
City Council.
Rona ` .J ltei nn
City Attorney
RMS:vc
attachments
BOAT/TXTA.01V
MEMORANDUM
To: City Manager
From: City Attorney
Date: July 9, 1987
Re: Navigability of Lodi Lake and the Prohibition of Motorboats on
Same.
QUESTION: May the City of Lodi enforce on Lodi Lake, an city
ordinance which would prohibit the operation of motorboats?
ANSWER: Harbors and Navigation Code §268 and 660 permit the City of
Lodi to prohibit the operation of motorboats on Lodi Lake.
ANALYSIS: Harbors and Navigation Code §268 provides to wit:
"Counties or cities may adopt restrictions concerning the
navigation and operation of vessels and -water skis,
aquaplanes, or similar devices subject to the Provisions
of subdivision (a) of Section 660, and may grant permits
.to bonafide yacht clubs, water ski clubs, or civic
organizations to conduct vessel or water ski races or
other marine events over courses es.tabl;shed, marked, and
patrolled by authority of the Uni,,d States Coast Guard,
city harbormaster, or other of icer having authority
over the waters on which such race or other marine event
is proposed to be conducted and on such days and between
such hours as may be approved thereby. These provisions
shall not apply to marine events authorized by United
States Coast Guard permit."
Harbors and Navigation Code §660 provides to wit:
"The provisions of this chapter, and of other applicable
laws of this state, shall govern the use, equipment, and
all other matters relating thereto whenever any boat or
vessel shall be used on the waters of this state, or when
any activi,y regulated by this chapter shall take place
thereon. Nothing in this chapter shall be construed to
prevent the adoption of any ordinance, law, regulation or
rule relating to vessels by any entity otherwise
authorized by law to adopt such measures, including but
not limited to any city, county, city and county, port
authority, district or, sLate agency; provided, however,
that such measures relating to boats or vessels shall
pertain only to time -of -day restrictions, speed zones, --
special-use areas, and sanitation and pollution control,
Page Two
Navigability of Lodi Lake
July 9, 1987
the provisions of which are not in conflict with the
provisions of this chapter or the regulations adopted by
the department. Such measures shall be submitted to the
department prior to adoption and at least 30 days prior
to the effective date thereof."
In determining whether the City's ordinance is valid, we must first
determine whether the Mokelumne River is considered a navigable water,
and further, whether Lodi Lake, which feeds off of the Mokelumne River,
is therefore navigable.
In a review of the Harbors and Navigation Code §103, the following
language appears:
"The following streams and waters are also navigable and
are public ways ... Mokelumne River, between its mouth
and the first falls ..."
!Upon finding
this section, I
contacted
the County
Public Works
Department
to
determine what their
view was
of this language
"between
its mouth
and
the first falls".
They were
very unclear
as to what it
meant, so
I
then contacted the
Coast Guard
and was
told that the
Mokelumne
River is considered an
navigable
water. The
definition of
navigable
waters is set forth in
"Harbors and Navigation
Code §100, to
wit:
"Navigable waters and all streams of sufficient capacity
to transport the products of the country are public ways
for the purposes of navigation and of such
transportation. However, the floodwaters of any
navigable river, stream, slough, or other watercourse
while temporarily flowing above the normal high-water
mark over public or private lands outside any established
banks of such river, stream, slough, or other watercourse
are not navigable waters and nothing in this section
shall be construed as permitting trespass on any such
lands. For the purposes of this section, "floodwaters"
refers to that elevation of water which occurs at
extraordinary times of flood and does not mean the water
elevation of ordinary annual or recurring high waters
resulting from normal runoff."
Page Three
Navagability of Lodi Lake
July 9, 1987
As to whether Lodi Lake itself is navigable, the only case that I found
which discussed this was Churchill County v. Kingsbury (1918' 174
P. 329, 178 C. 554, which defined a navigable lake as one which
"consists of a body of water contained within its banks as they exist
at the stage of ordinary high water."
In Attorney General's Opinion cited at 122, Opinion No. 64-334, May
1965, the question was asked whether the City of Sacramento could
prohibit all motorboats from operating on portions of the American
River, between the Sixteenth Street Bridge and the Nimbus Dam. In
response to the question, the Attorney General found that Harbors and
Navigation Code §660 permits a local entity to regulate, even in
navigable water, in a special use area. Although the Attorney General
could not find a defintion for "special use area", they found that the
context and usage of that term suggests the setting aside of a portion
of water for specified uses to the exclusions of other incompatible
uses. The Attorney General found that because of safety concerns,
etc., that the City and County of Sacramento were permitted to
eliminate motorized vehicles from that portion of the River. It should
be noted that they did continue to permit other vessels such as
sailboats, innertubes, rafts, etc.
In a 1979 California Appellate Court decision Younger v. El Dorado
County (1979) 157 Cal.Rptr. 815, 96 C.A. 3d 403, the Appellate Court
found that an ordinance banning all rafting and boating by the public
on' the South Fork of the American River, which was a navigable River,
where the particular area was highly suited for boating, and much less
suited for swimming, rafting, and fishing, was neither a permissible
special use area designation under. Harbors and Navigation Code §660, or
a reasonable sanitation and pollution control measure. The Court was
quick to distinguish the fact situation in the Younger case from the
above-mentioned Attorney General's Opinion, in _that in the Younger
case, all means of boating were prohibited, including sailboats, etcs.,
whereas in the Attorney General's Opinion, only motorboats were
prohibited.
It is therefore my opinion that the City, upon reasonable justification,
could prohibit the use of motorized boats in the Lodi Lake.
r
Rona d M. Stein
City Attorney
RMS:vc
Mokelumn/txta.Oly
(TY C(?Citi(: Ii
THONAAS A
Ci
IU rs� iz jRand�j »NIMR CIITYALICE Ni REIniCE+f
:tR3vOr Pro Tempore CITY HALL. 221 WEST PINE STREET Cav Clerk
DAVID NA HIN(HMAN CALL BOX 3006
)A -ES w PINKERTOrN. {r LODI, CALIFORNIA 95241-7910
RONA.D .�A STF;N
C
EREE):�t REIU (209)334-5634 rte' Attornev
TEtECOPIER (?0'?j 3336?vS
July 14, 1987
Lt. CommanderGene Brooks
11th Coast•Guard District
Legal Office
400 4teangate
ZLg Beach, California
r Commander Brooks:
o s.
This will confirm your conversation on July 10, 1987 with my
secretary, Vera Crete, regarding questions of the navigability of
Lodi Lake, as well as other concerns involving the Lake and power
boats thereon.
At the prfsent time, the Mokelumne River feeds into Lodi Lake, and
consideration is being given to banning power boats on the Lake,
subject to Harbors and Navigation Code §268 and 660. We would
appreciate your advice as to whether Lodi Lake is navigable, and any
other information that you can provide in order for the City of Lodi
to address the concerns of our citizens as well as the City's
concerns about power boats on our Lake
I am enclosing a copy of a portion of a Lodi Lake Masterplan which
was prepared in 1986 by Architect Richard A. Bigler for the City,
which recommends discontinuance of power boating on the Lake for the
reasons discussed in the attached report. Also enclosed is a
drawing of Lodi Lake which may be of assiStdnce to you. j
Thank you for your cooperation in this regard.`
(
j_
Sincerely yours,
RONALD M. STEIN
CITY ATTORNEY
RMS:vc-
y:
attachment
i
s
x.
brooks/txta.01y ;
r;
LORI L A K E i1 RP: r2kIV SUM MEP 1c8
p0AT! NIG .
The issue of boating is brought up in the 1475 Masterplan of the
Lodi Lake. The recommendation is to discontinue power boating.
No discussion exists other than to stop power boating.
Power boating, as it now exists should be discontinued. Not only
is the present use life threatening, it is a miracle, no life or
limb has been lost to date. The result of such a accident :,could
result in a massive suit against the City.
Other negative factors of power boating are:
a. Noise pollution of a residential area.
b. Human powered boats, sail boats, surf craft and power boats
I
do not mix. (photo record)
c. Bank damage to the river. The main portion of the lake and
some areas of the river are protected by a low wall. Many
of the upper river areas have no protection and the power
boating creates wakes that are breaking down the banks.
Trees along the bank are being undermined and•are falling
into the river. (photo record)
The banks that fall into the river cause silting and filling
of the river and foredam. In the discussion of the infrared
discussion of the marsh, it is pointed out that further
silting of the river and lake areas would cause the marsh
to expand to a condition that would be unmanageable. The
whole of the existing waterways could be choked with reeds.
(photo record)
11
L 0 D T LAKE MAS T ENP! 4 `,N S1-1^;r-1Ew 2 9?6
M I SCELLAt -ECUS ITEMS:
W-1
AREAS OF PUBLIC LIABILITY: In this discussion I do not mean
to
Point out all items, or hold myself as an expert of the matter
of
liability, but, rather to point out some items that may be
of
interest
to the City.
THE BOATING PROBLEM: Power boating should be stopped. Mixing
of
water skiing with sail and human pcwered craft should
be
discontinued. (photo record)
UNEVEN SURFACES: There are many surfaces that offer accident
incentive. For
example:
i
a. In the picnic area in the central park, there are many
uneven surfaces at grade, or where a person walking or
running could trip or fall. (photo record)
b. Many of the car stops, cooking structures, and monuments
are made of rough in
stone, and placed areas that are main
Public trafficway. (photo record)
c. Poor, or no, lighting in dark areas that are used by the
public.
d. Structures erected by Pig Lake, and the river that invite
public use of the lake and river. (photo record)
e. Poor signage to warn the public.
It is impossible to protect the public in every way in a park
of
this type. But, the City should show reasonable effort
to
address this matter in case of a suit.
12
i
0
3
\ t r Q
2 °< LL
Z a
J CL CO
cb.cr-
oc
1.
{ 43 °`
U.S. DepartmentL'niar
(rcnspor
CCiii^CIS ?
T cldg.
of -c icn . �.
Elleventh I�-.oast Guard Lst-rSCt
400 Ocearia. to
United States
Long Beach, CA
Coast Guard
90822-5399
Staff Symbol: (dl)
FTS-984-5210
AUG 0 3 '87
213-499-5210
Cf ty Attorney's 0; Lice
16750/Y2
JUL 3 Q ,9P,
Ronald M. Stein
City Attorney
City of Lodi
221 West Pine Street
Call Box 3006
Lodi, CA 95241-1910
Dear Mr. Stein:
In response to your letter of July 14th, the Coast Guard has not determined
the federal navigability of Lodi Lake. No Coast Guard navigation regulations
exist regarding Lodi Lake and the Eleventh Coast Guard District has no future
plans for federal regulation of the lake.
State and local authorities may adopt and enforce local navigation regulations
under their police power that do not conflict with existing federal regula-
tions or deal with matters specifically preempted by federal statute or
regulation. Because the Coast Guard does not have or intend to promulgate
federal regulations regarding Lodi Lake and because the California Harbors and
Navigation Code has not been preerrpted by federal law, the city is free to
regulate navigation on Lodi Lake in accordance with state and local law. I do
recommend that you contact the Army Corps of Engineers to determine if they
have any regulations regarding Lodi Lake.
Please let me know if I can be of further assistance.
Sincerely,
qE=
Coamander, U.S. Coast Guard
Legal Officer
Eleventh Coast Guard District
*L. =bJ L. `1� _-1Ca.`t-: - .. 1:2X �._� ".i..; - _ � '•n"-� t bY, Win_- qtr. `- it _ r_• -
-_' - _ •ate^ � -i• � t- 3i ��;>�•:'i.w '7k^.'�'fr �=,���+ 3.-'� j__ -
aS53- Pilot rules: departmental powe{s. The department may establish and maintain for
the use of ve•_sels on the waters of this state rules of the road and pilot rules in conformity ta'I"
with those- contained in the federal navigation )awes or the navtg ition rules promulguted by
the united Stitcs C:oiist Cuard_
&114. D,,t v a . f so+•.st a
rsl,:r of the veae:.
e. • . , t M+tt r k 7 : Du1 dart a
a-Srrtr,j h% the wif=e-
e. ms, ba' nc,.czsx-z
r..il,00n. acrioent or of
( ... ra.cl in wnnng rn .
c•..,..vn, a :Coif
or
D• .int pc rso . wh-
rrn firs sss:zcr ice at
on.cct,nn b>' an} Yersc
r�uit of tic rcriacr-z
L iya Cr. to. -a Ce.
A. an ordzuat), rearm::
11:-Xlr
tet The owne-. opo'
iscc-dent shah rep" ..
arP-U- cnt- The dopa
arciarnt rrpor--ng •sit
and accident reperrng
axci s- r tui _roto. Car=
in ?art 1:s of Title a3 c.
marl. upon receivuiz a
a person as a trnalt of a i
modes available. to the
td) 1rtha the rept
smith rcrzard to such rept
of Our care of any parr
tel Ail required ax:
to the iadividiul so rep
any pence ofncer ac-"
ne-pUL- felt shall dis::o:
an amdent_ the rej—:
tt_•ne. and location of s.^
inciu :sig the opener c
r arlor operator, the au
tnerei_^i and the 0%4me.-S
W, Tic provisions o;
tional•typc vtj� vase
otheraviye ex.=ted
456.4. Sofetq l,for"
ve)op a program of pub'
and property m the esp,
fS7 TrenstaiMaI of ass
request duly made by ar
complied or otherw•use a=
ted to said official or arae
bSl. O►atatlen of twar<
any waters for towing aI
unless there u in succi vI
in a position to observe=;
This subdivision shall ¢
persons being towed and
the motorboat. The depai
of any such watercraft. w's
for the safety of persona
(b) No person shall o
on water skis or aquapia?
�.y�-�...r.r-- _• .'•- -� -- �_-.-,..,.�-?-.. '--��.>;- '=fit
-;' �<= illi v. - •.. .: �.,: �... C � vti--- `-a -t --�. -� '>• -] t: s �. _,7"��f-: ,,,-i�.�'ti::.. •-a ._ '�- .
'�^ 'rt��_ .:- �~? :.�a•.!-. ''�`S :'���� c"- �'="�t � �r =s '� i�-_y _����.i�r�••.^��...-"vow^t�-. t
_ =t^"`y3y+� � •ave. '�
X Y. �-ti.. V �' •-f��,•-'`�`•'i'j.y`. .`:- u.. 'µ�' _ rT :�;r ,,.i.�. 'L..�'�"ti_ nee �.r. ...� .
..�-
^` i.iL: 0 \iA FOA TINC
`x[enor sC:ind level measurcmczt p ro-ctdur a for Measure rnmoriuoaLS rCc!}tm
n}rn�
ce by line SOci.^tv of .�u:cmorne a� ricers :n Its recommended practice dost: rated SAi134.
The dcl,ar lmcnt ma>, bs' recuiatton. amend such testing procedures .. hen deemec' n
s:.-. !o aa:ust to aavarr_s .n Pec inolocy.
-+y
T tie of this semen snail nct apply to motorboats compet:nc under a ioc.tl public
1 .
-
cnnr: cr Ca::e States Coast Guard permit in a regatta_ in a moat race. whale on trial rurt;
or w ,i.- or. O:iic:ai triais For seeed records during the time and ui the des,cMate-d arcs
au:honzed bs the perm. In aadaion_'Us sect:en sr.ii notapply to mo:orbo4:s
preparing
for a race C- rCCat!a if au!nc.--zt l by a per -mit :1SueC �\ the i' i eII!ltt has"Ing )L': is C�.i t'!ipn
c>er tnc arca wnere the preparations w -i:) occur.
&54_0a. Sol* of engine of retail, reuriction. Nc person shall sell or osier for sale at retail any
i;:terti..i ccrnownon cnzzne for -sc on any mo:socia; %4 tier, -hen cpera[ed, exceccs the
fo:::i�-tn: dodo irs'eI3:
tar ..,r crizines mar.u:ac-:rca on Or atter January 1. 1974. and before jane:ary t, 1976,
a
iiia:._ itvci Of .56db.1 mersuIeci at a distance Of So feet from the motorboat.
_
"
ib: car enr"mc-, rnanuiacrurea en or iter january 1. 1976. and before janua.-y t )q; g, a
nose Irvei OF A dbA mearurcci at a distance of 50 feet :rom the mororboat.
- - -
(c ) r o: en:.reS rranuiac. ucd on or alter ja-i=r—y 1. i97& a noise Ievel of -' dbA rneasured
at a &- rice of Sit feet from the motorboaL
654,:_ Shoteaide facilities for servicing holding tanks in.essals B03ZZ'ig facilities eo v;.sem_
r
e,i w^,th ftm Qt denv-d iron thT state shall be regwred as a condition for the receipt of such
-i. • •4iy
fi:1163 to MOV -16c Shoreszde fate: Ites for purposes of empt}•utg waste matter hoia ng tania
f = vcsseis :.-t accordance with needs and Standards as establishes by the dcpart-nent-
635_ Reciless at negligent operation: inffwnce of alcohol or drugs. (a) to person shall use
=• _ ,-"
a
defy coat or vetsei or zrianspuiatc any water SIgS, aci:aptane Or Sl.:.rlaT device L'] a re'cl;IGiS Or
`
ntrziIzenz rn;mner so as to erdar.cer the Life. limb. or property of any person. The departnent
5 --ail aaopt regulations for the use of boats or vessels, water situtu
, agpianes or sunuas donees
a" r
in a tna_-i:ier which will Mini.^ c the dancer to life, ILnb, or property consistent with
rczso:ab.l use of the equipment for the purpose for which it was destined_
(b) No Derr, shall operate any boat or vessel or man.: ptl ate anY Wa[e7 sills, aquaplane•
• �
of =LUX device wi,.iie under the influence of urtoncanrig liquor, any drug. or the combined
_ .�
l::: L'�-no- Ot mtrzcat=z hquor and env grog_
"•L '"
lc: No p -..--son shall operate any boat or vessel or manipulate any water skis. aquaplane,
o :.•-i_is dense_ while :hider the tr-'iuenc- of intoncarrig Iiquor. any drug. or under the
c-:--. c Lnen --u:uence of LntoiccatinC bouor and any drug• and while so operating. do any act
fc-b ddcn by iaw, or neciect any dun• untiosed by law in the use of the boat, vessel water
-
:i -as- a uapiar•.e,.cr iinuiar ce-vi . winch act or neglect proximately causes death or serious
body u j,. — to any person other Lhaa hire-wif.
/-6552 Speed limit for vessels in certain areas. Every owner, operator, or person in com-
wand of any vessel propeIIed by machinery is of it or
'
guilty a misdemeanor who uses permits
it :o be used at a speed in excess of Five mile r hour in any of the following areas
-
portion
not othem-i3e regulated by local ru es an regutatsons:
ia) Within 100 feet of any person who is engaged in the act of bathing. A person engaged
.t7-
: in the sport of water skiing shall not be considered as engaged in the act of battung for the
_
,
puposes of this section.
(bi within 200 feet of any:
!1
(1) Beach frequented by bathers.
(2) Swimming float_ diving platform. or lifeline_
(3) Way or landing float to which boats are made fast or which is being used for the
t errbarkanon or discharge of passengers.
The provisions of this section shall apply to all waters which are in fact ravigabic regar�icss
of ahetncr they are deciared navigable by this code.
aS53- Pilot rules: departmental powe{s. The department may establish and maintain for
the use of ve•_sels on the waters of this state rules of the road and pilot rules in conformity ta'I"
with those- contained in the federal navigation )awes or the navtg ition rules promulguted by
the united Stitcs C:oiist Cuard_
&114. D,,t v a . f so+•.st a
rsl,:r of the veae:.
e. • . , t M+tt r k 7 : Du1 dart a
a-Srrtr,j h% the wif=e-
e. ms, ba' nc,.czsx-z
r..il,00n. acrioent or of
( ... ra.cl in wnnng rn .
c•..,..vn, a :Coif
or
D• .int pc rso . wh-
rrn firs sss:zcr ice at
on.cct,nn b>' an} Yersc
r�uit of tic rcriacr-z
L iya Cr. to. -a Ce.
A. an ordzuat), rearm::
11:-Xlr
tet The owne-. opo'
iscc-dent shah rep" ..
arP-U- cnt- The dopa
arciarnt rrpor--ng •sit
and accident reperrng
axci s- r tui _roto. Car=
in ?art 1:s of Title a3 c.
marl. upon receivuiz a
a person as a trnalt of a i
modes available. to the
td) 1rtha the rept
smith rcrzard to such rept
of Our care of any parr
tel Ail required ax:
to the iadividiul so rep
any pence ofncer ac-"
ne-pUL- felt shall dis::o:
an amdent_ the rej—:
tt_•ne. and location of s.^
inciu :sig the opener c
r arlor operator, the au
tnerei_^i and the 0%4me.-S
W, Tic provisions o;
tional•typc vtj� vase
otheraviye ex.=ted
456.4. Sofetq l,for"
ve)op a program of pub'
and property m the esp,
fS7 TrenstaiMaI of ass
request duly made by ar
complied or otherw•use a=
ted to said official or arae
bSl. O►atatlen of twar<
any waters for towing aI
unless there u in succi vI
in a position to observe=;
This subdivision shall ¢
persons being towed and
the motorboat. The depai
of any such watercraft. w's
for the safety of persona
(b) No person shall o
on water skis or aquapia?
�.y�-�...r.r-- _• .'•- -� -- �_-.-,..,.�-?-.. '--��.>;- '=fit
-;' �<= illi v. - •.. .: �.,: �... C � vti--- `-a -t --�. -� '>• -] t: s �. _,7"��f-: ,,,-i�.�'ti::.. •-a ._ '�- .
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MEMORANDUM
To: Honorable Kayor and Council Members
From: City Attorney
Date: August 11, 1987
Subj: Navigability of Lodi Lake and Mokelumne River
Attached hereto is a copy of a memorandum that I prepared regarding the
question of whether the Mokelumne River and Lodi Lake are navigable
waters, and if so, whether the City could regulate the use of power boats
on the Lake and/or the Mokelumne River. Also attached hereto is a copy of
a letter which I sent to the United States Coast Guard and the response that I
received from the Coast Guard.
This information is being furnished to you in the event that the question of
the navigability of Lodi Lake and/or the Mokelumne River, and its relationship
to the City's ability to regulate power boats on either or both of these
bodies of water, is brought up at the August 19, 1987 City Council meeting at
which time the question of the boats on Lodi Lake will be brought before the
City Council.
MEMORANDUM
To: City Manager
From: City Attorney
Date: July 9, 1987
Re: Navigability of Lodi Lake and the Prohibition of Motorboats on
Same.
QUESTION: May the City of Lodi enforce on Lodi Lake, an city
ordinance which would prohibit the operation of motorboats?
ANSWER: Harbors and Navigation Code §268 and 660 permit the City of
Lodi to prohibit the operation of motorboats on Lodi Lake.
ANALYSIS: Harbors and Navigation Code §268 provides to wit:
"Counties or cities may adopt restrictions concerning the
navigation and operation of vessels and water skis,
aquaplanes, or similar devices subject to the provisions
of subdivision (a) of Section 660, and may grant permits
to bonafide yacht clubs, water ski clubs, or civic
organizations to conduct vessel or water ski races or
other marine events ':over courses established,marked, and
patrolled by authority of the United States Coast Guard,
city harbormaster, or other officer having authority
over the waters on which such race or other marine event
is proposed to be conducted and on such days and between
such hours as may be approved thereby. These provisions
shall not apply to 'marine events authorized by United
States Coast Guard permit."
Harbors and Navigation Code §660 provides to wit:
"The provisions of this chapter, and of other applicable
laws of this state, shall govern the use, equipment, and
all other matters relating thereto whenever any boat or
vessel shall be used on the waters of this state, or when -
any activity regulated by this chapter shall take place
thereon. Nothing in this chapter shall be construed to
prevent the adoption of any ordinance, law, regulation or
rule relating to vessels by any entity otherwise
authorized by law to adopt such measures, including but
not limited to any city, county, city and county, port
authority, district or, state agency; provided, however,
that such measures relating to boats or vessels -shall
pertain only to time -of -day restrictions, speed zones,
special -use areas, and sanitation and pollution control,
Page Two
Navigability of Lodi Lake
July 9, 1987
the provisions of which are not in conflict with tF,-
provisions of this chapter or the regulations adopted by
the department. Such measures shall be submitted to the
department prior to adoption and at least 30 days prior
to the effective date thereof."
In determining whetFer the City's ordinance is valid, we must first
determine whether the Mokelumne River is considered a navigable water,
and further, whether Lodi Lake, which feeds off of the Mokelumne River,
is therefore navigable.
In a review of the Harbors and Navigation Code §103, the follo!ing
language appears:
"The following streams and waters are also navigable and
are public ways ... Mokelumne River, between its mouth
and the first falls ..."
Upon finding this section, I contacted the County Public Works
Department to determine what their view was of this language "between
its mouth and the first fails". They were very unclear as to what it
meant, so I then contacted the Coast Guard and was told that the
Mokelumne River is considered an navigable water. The definition of
navigable waters is set forth in "Harbors and Navigation Code §100, to
wit:
"Navigable waters and all streams of sufficient capacity
to transport the products of the country are public ways
for the purposes of navigation and of such
transportation. However, the floodwaters of . any
navigable river, stream, slough, or other watercourse
while temporarily flowing above the normal high-water
mark over public or private lands outside any established
banks of such river, stream, slough, or other watercourse
are not navigable waters and nothing in this section
shall be construed as permitting trespass on any such
lands. For the purposes of this section, "floodwaters" -
refers to that elevation of water which occurs at
extraordinary times of flood and does not mean the water
elevation of ordinary annual or recurring high waters
resulting from normal runoff."
{
Page Three
Navagability of Lodi Lake
July 9, 1987
As to whether Lodi Lake itself is navigable, the only case that I found
which discussed this was Churchill County v. Kingsbury (1918) 174
P. 329, 178 C. 554, whicF defined a navigable lake as one which
°consists of a body of water contained within its banks as they exist
at the stage of ordinary high water."
In Attorney General's Opinion cited at 122, Opinion No. 64-334, May
1965, the question was asked whether the City of Sacramento could
prohibit all motorboats from operating on portions of the American
River, between the Sixteenth Street Bridge and the Nimbus Dam. In
response to the question, the Attorney General found that Harbors and
Navigation Code §660 permits a local entity to regulate, even in
navigable water, in a special use area. Although the Attorney General
could not find a def intion for "special use area", they found that the
context and usage of that term suggests the setting aside of a portion
of water for specified uses to the exclusions of other incompatible
uses. The Attorney General found that because of safety concerns,
etc., that the City and County of Sacramento were permitted to
eliminate motorized vehicles from that portion of the River. It should
be noted that they did continue to permit other vessels such as
sailboats, innertubes, rafts, etc.
In a 1979 California Appellate Court decision Younger v. El Dorado
County (1979) 157 Cal.Rptr. 815, 96 C.A. 3d 403, the Appellate Court
found that an ordinance banning all rafting and boating by the public
on the South Fork of the American River, which was a navigable River,
where the particular area was highly suited for boating, and much less
suited for swimming, rafting, and fishing, was neither a permissible
special use area designation under harbors and Navigation Code §660, or
a reasonable sanitation and pollution control measure. The Court was
quick to distinguish the fact situation in the Younger case from the
above-mentioned Attorney General's Opinion, in that in the Younger
case, all means of boating were prohibited, including sailboats, etcs.,
whereas in the Attorney General's Opinion, only motorboats were
prohibited.
It is therefore ny opinion that the City, upon reasonable Justification,
could prohibit the use of motorized boats in the Lodi Lake.
r
Rona M. Stein
City Attorney
RMS:vc
Mokelumn/txta.Oly
(-ITy COUNCIL
EVELl�,.*1t 01 SS . r:5avor
IC)FiN R (Randv) SNIDER
mavor Pro Tempore
DAVID NA HINCH:zMAN
;ANtES W PINKERTON. It
FRED M REID
July 14, 1987
CITY OF LODI
CITY HALL. 221 WEST Pt NE STREET
CALL BOX 3006
LODI. CALIFORNIA 95241-1910
(209) 334-5634
TELECOPIER (a)9) 1336795
Lt. Commander Gene Brooks
11th Coast.Guard District
Legal Office
400 Oceangate
Lang Beach, California
ear Commander Brooks:
I Hi -)'.IA :A PF f RSON
ALICE :\i REINACHE
Ctty Clerk
RONALD .m S1 E IN
Citi Attorney
This will confirm your conversation on July 10, 1987 with my
secretary, Vera Crete, regarding questions of the navigability of
Lodi Lake, as well as other concerns involving the Lake and power
boats thereon.
At the present time, the Mokelumne River feeds into Lodi Lake, and
consideration is being given to banning power boats on the Lake,
subject to Harbors and Navigation Code §268 and 660. We would
appreciate your advice as to whether Lodi Lake is navigable, and any
other information that you can provide in order for the City of Lodi
to address the concerns of our citizen- as well as the City's
concerns about power boats on our Lake.
I am enclosing a copy of a portion of a Lodi Lake Masterplan which
was prepared in 1986 by Architect Richard A. Bigler for the City,
which recommends discontinuance of power boating on the Lake for the
reasons discussed in the attached report. Also enclosed is a
drawing of Lodi Lake which may be of assistance to you.
Thank you for your cooperation in this regard.
Sincerely yours,
4V s-
Ale -
RONALD M. STEIN
CITY ATTORNEY
RMS:vc
attachment
brooksjtxta.Oly
Id
1.1
F1
0
LOCI LAKE MASTERPLAN. SU"MER 1496
BOATING:
The issue of boating is brought up in the 1475 Masterplan of the
Lodi Lake. The recommendation is to discontinue power boating.
No discussion exists other than to stop power boating.
Power boating, as it now exists should be discontinued. Nct only
is the present use life threatening, it is a miracle, no life or
limb has been lost to date. The result of such a accident would
result in a massive suit against the City.
Other negative factors of power boating are:
a. Noise pollution of a residential area.
b. Human powered boats, sail boats: surf craft and power boats
do not mix. (photo record)
c. Bank damage to the river. The main portion of the lake and
some areas of the river are protected by a low wall. Many
of the upper river areas have no protection and the power
boating creates wakes that are breaking down the banks.
Trees along the bank are being undermined and•are falling
into the river. (photo record)
The banks that fall into the river cause silting and filling
of the river and foredam. In the discussion of the infrared
discussion of the marsh, it is pointed out that further
silting of the river and lake areas would cause the marsh
to expand to a condition that would be unmanageable. The
whule of the existing waterways could be choked with reeds.
(photo record)
MISCELLANEOUS ITEMS:
AREAS OF PUBLIC LIABILITY: In this discussion I do not mean to
point out a I I items, or hold myself as an expert of the matter of
liatility, but, rather to point out some items that -may be
of
interest to the City.
THE BOATING PROBLEM: Power boating should be stopped. Mixing
of
water skiing with sail and human powered craft should
be
discontinued. (photo record)
UNEVEN SURFACES: There are many surfaces that offer accident
incentive. For example:
a. In the picnic area in the central park, there are many
uneven surfaces at grade, or where a person walking.or
running could trip or fall. (photo record)
b. Many of the car stops, cookino structures, and monuments
are made of rough stone, and placed in areas that are main
public trafficway. (photo record)
c. Poor, or no, lighting in dark areas that are used by the
public.
d. Structures erected by Pig Lake, and the river that invite
public use of the lake and river. (photo record)
e. Poor signage to warn the public.
It is impossible to protect the public in every way in a park
of
this type. But, the City should show reasonable effort
to
address this matter in case of a suit.
12
46
U.S. Department ,
of Transportation
United States
Coast Guard
Ronald M. Stein
City Attorney
City of Lodi
221 West Pine Street
Call Box 3006
Lodi, CA 95241-1910
Dear Mr. Stein:
Connander
Eleventh Coast Guard District
AUP 0 3 '87
Citj Attorney's Office
Union Sank Bldg.
400 Oceargate
Long Beach, CA
90822-5399
Staff Syr^bol: (dl)
FTS -984-5210
213-499-5210
16750/Y2
.JLL 3 0 ET7
In response to your letter of July 14th, the Coast Guard has not determined
the federal navigability of Lodi Lake. No Coast Guard navigation regulations
exist regarding Lodi Lake and the Eleventh Coast Guard District has no future
plans for federal regulation of the lake.
State and local authorities may adopt and enforce local navigation regulations
under their police power that do not conflict with existing federal regula-
tions or deal with matters specifically preempted by federal statute or
regulation. Because the Coast Guard does not have or intend to promulgate
federal regulations regarding Lodi Lake and because the California Harbors and
Navigation Code has not been preerrpted by federal law, the city is free to
regulate navigation on Lodi Lake in accordance with state .and local law. I do
reconnend that you contact the Army Corps of Engineers to determine if they
have any regulations regarding Lodi Lake.
Please let me know if I can be of further assistance.
sincerely,
S. E. BURTQN
Comsander, U.S. Coast Guard
Legal officer
Eleventh Coast Guard District
C1 (*O �;-I
iVE i;\ (;i sx)". �'t;ivo,
IOiV, R (RandN)SNIDER
.NIoNor Pro tempore
DAVID M HIN(-H:MAN
JAMES W PINKERTON. Ir
FRED M RE ID
01
C I "I" NT OF L 0 D I
CITY HALL. 221 WEST PINE STREET
CALL BOX Aft
LODI. CALIFORNIA 95241-1910
(209)334-5634
TELECOMR (209) 333.6795
August 25, 1987
THO:NIAS A PE TERSON
CirN ,Nlmnagrr
Alr(E1:1 Ktimt_rtE.
City Clerk
RONALD :,M STEIN
City Attornev
Mr. Dean Devine
Lodi Parks and Recreation Commission
420 West Turner Road
Lodi, CA 95240
Honorable Members of the Lodi Parks and Recreation Commission:
This letter will confirm action taken by the Lodi City Council at its
regular meeting of August 19, 1987 regarding motorized boating on Lodi
Lake, whereby Council:
A) Established the following schedule for boating on Lodi Lake:
I. Power Craft will be allowed to use the lake from 8:00 a.m.to
noon and 6:00 p.m. to dusk on Mondays, Wednesdays, and
Fridays.
II. lion -power craft will be allowed to use the lake from 8:00
a.m. to noon and 6:00 p.m. to dusk on Tuesdays, Thursdays,
Saturdays, and Sundays.
B) Directed that a survey be conducted on the lake's usage by
non -power craft.
C) Voted to close the boats' access from the launch on the lake to the
Mokelumne River next March.
D) Directed Staff to bring back to Council a recommendation on the
types of power craft that should be prohibited from using the lake.
Please do not hesitate to call this office regarding any questions you
may have regarding this matter.
Very truly yours,
Alice M. Reimche
City Clerk
AMR:JJ
cc: Ron Williamson
Director
Parks and Recreation Department
File I
• moi{<i: !"-��a [•t `h
S S..`I t�}'y+¢���
- Q 6.i m b Y.. 1
E
DECLARATION OF FAILING
On August 13, 1987 in the City of Lodi, San Joaquin County, California, I
deposited in the United States mail, envelopes with first-class postage
prepaid thereon, containing a copy of the Notice attached hereto, marked
Exhibit "A"; said envelopes were addressed as is more particularly shown
on Exhibit "8" attached hereto.
There is a regular daily communicatior by mail between the City of Lodi,
California, and the places to which said envelopes were addressed.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on August 13, 1987, at Lodi, California.
L-------:..
.`
CITY
� � �CREGULAR
Y GOUNCiL �,GEfVO4
MEETING— wEDNEsDAY
CITY COUNCIL CHAMBERS T 19, 1987
221 N. Pine Street, Lodi p.m.
Res. No. 87-104
Ord, No. 1405
a) Roll Call - City Clerk
b) invocation - Pastor Darrell Thomas - First United Methodist Church
c) Pledge of Allegiance - Led by Mayor Olson
d) Presentations
1. Awards - None
2. Proclamations - None
3. Presentations - None
e) CONSENT CALENDAR
1. Reports of the City Manager
A)
Claims - $1,363,150.82 (Motion)
B)
Minutes - None
C)
Approve specifications for a Digger Derrick/Bucket Truck
combination and authorize advertising for bids (Motion)
D)
Approve specifications for three 15 -KV Vacuum Circuit
Breakers and authorize advertising for bids (Motion)
E)
Approve specifications for 69 -KV SF6 Circuit Breaker and
authorize advertising for bids (Motion)
F)
Approve plans and specifications for Well IOR Pump and
Motor and Site Improvements (located east side of Central
California Traction Line at Lime Street off of Guild
Avenue) and authorize advertising forbids (Motion)
G)
Approve purchase of Aeration Diffusers for White Slough
Treatment Facility (area located west of Thornton Road
approximately two miles south of Highway 12) (Motion)
Res. No. 87-104 H)
Award .bid for purchase of 60-12 KV Power Transformer
(Res.)
Res. No. 87-105 I)
Award contract for Lincoln Avenue Storm Drain Outfall
Structure, located 550 feet north of Turner Road (Res.)
CITY COUNCIL AGENDA
AUGUST 19, 1987
PAGE NO. T140
Res. No. 87-106
J) Accept improvements under Softball Complex Restrooms (401
North Stockton Street) and Armory Park Restrooms (333 North
Washington Street) Contract (Motion)
K) Establish 1987-88 Tax Rate for Bond interest and Redemption
(Res.)
L) Set Public Hearing for September 2, 1987 to consider appeal
of Mr. Tom Sakoda of the action of the Planning Commission
regarding his request for variances at 418 South Lee
Street, Lodi (Motion)
M) Pursuant to the Lodi Municipal Code a Public Hearing has
been set by the City Clerk for September 2, 1987 to
consider the application received from Vernon J. Stannard,
9248 Premiere Way, Sacramento (Cavalier Limousine Service),
to operate a limousine service within the City of Lodi
(Information Only)
N) Approve agreement between the City of Lodi and George
Sakurai and Ken Wollenberg to operate the Golf Driving
Range located at 531 East Lockefcrd Street, Lodi (Motion)
Res. No. 87-107
0) Accept improvements in Johnson Ranch Unit No. 1, located
along Century Boulevard, West of Cherokee Lane (Rei..)
Res. No. 87-108
P) Accept improvements in Noma Ranch Unit No. 2 at northwest
corner of Almond Drive and Coventry Way (Res.)
Q) Approve final map and agreement for Lakeshore Gardens
situated on Sylvan Way, Sage Way and Century Boulevard and
authorize the City Clerk and City Manager to execute the
documents (Motion)
Res. No. 87-109
R) Approve agreement for Maintenance of State Highways in the
City of Lodi and authorize the Mayor and City Clerk to
execute the agreement (Res.)
f) Public Hearings
Ord. No. 1405 1.
To consider extending the moratorium established pursuant to
Ordinance No. 1387 adopted by the Lodi City Council on August 6,
198G on the construction or reconstruction of off -premise signs
as defined in Lodi Municipal Code Section 17.63.370 (Adopt
Urgency Ordinance)
2.
To consider recommended uses of Revenue Sharing Funds as they
pertain to the proposed City of Lodi 1987-88 Capital Improvement
Program (Discussion and appropriate action)
CITY COUNCIL AGENDA
AUGUST 19, 1987
PAGE NO. THREE
Res.No. 87-110 3. Pursuant to State of California Government Code Section 39576 to
receive a report of the cost of abating weeds in front of or on
each separate parcel of land where the work was done by the City
of Lodi (Res.)
g) Planning Commission - Meeting of August 10, 1987
1. Determined that the Capital Improvement Program for July 1, 1987
to June 30, 1988 was in conformance with the Lodi General Plan.
2. Conditionally approved the Amended Tentative Map of Maggio
Industrial Park, a 37.6 acre, 23 lot project, proposed for the
northwest corner of East Harney Lane and South Stockton Street
as requested by Baumbach and Piazza, Consulting Engineers, on
behalf of Rudv Maaaio.
3. Conditionally approved a Use Permit to install a temporary
concrete batch plant and portable office at 1360 East Turner
Road in an area zoned M-2, Heavy Industrial, as requested by
Larry Busch on behalf of Concrete, Inc.
(Information only)
h) Communications (City Clerk)
1. Claims filed against the City of Lodi
A) Alfred Press, DOL 4/10/87
B) Ruth Gipson, DOL 6/11/87
(Motion)
2. Alcoholic Beverage License Application
A) Juarez Mexican Food, 107 Lakewood Mall, Lodi
On Sale Beer and Mine Eating Place
Person to Person Transfer (Information Only)
3. Miscellaneous
A) Letter from the Bay Area Rapid Transit District advising of
the Board of Directors position on a potential mass transit
link to the proposed Superconducting Super -Collider
Project. (Discussion and appropriate action)
B) Petition received requesting rent control be established in
the City of Lodi (Discussion and appropriate action)
i) Comments by City Council Members
j) Comments by the Public on non -agenda items
CITY COUNCIL AGENDA
AUGUST 19, 1987
PAGE NO. FOUR
Q REGULAR CALENDAR - Reports of the City Manager
1. Review of the Lodi Parks and Recreation Commission's
recommendation regarding motorized boating on Lodi Lake
(Discussion and appropriate action)
2. Review Eilers Lane Street Closures Study (east of Lilac Street)
(Discussion and Appropriate action)
3. Review E1 Portal Traffic Study (area bounded by Harney Lane,
South Hutchins Street, Century Boulevard and the Southern
Pacific Railroad Tracks) (Discussion and appropriate action)
4. Appoint City representative to serve on San Joaquin County
Hazardous Waste Management Plan Advisory Committee (Motion)
5. Approve agreement to form a county -wide drug enforcement team
(CRACNET) (Motion)
6. Approve purchase of two additional vehicles for the Police
Department (Motion)
1) Ordinance
1. Ordinance No. 1404 - An Ordinance Adopting a Capital improvement
Program Budget for the City of Lodi for Fiscal Year 1987-88
(Adopt as an Urgency Ordinance)
m) Closed Session regarding litigation - Ronald Flaherty DOL 3/21/86
n) Adjournment
Pursuant to Section 54954.2(a) of the Government Code of the State of California,
this Agenda was posted at least 72 hours in advance of the scheduled meeting at a
public place freely accessible to the public 24 hours a day.
A ice . Reimche, City Clerk
For information concerning this Agenda
please contact Alice M_ Reimche, City Clerk,
Telephone - 333-6702
---------}
til t�^I Gle1r, Ci . ' `timers ASST? .
cic, !,ir. and JNlxs. R.:ssell I?mson
1530 Edgewood Drive
Lcdi, CA 95240
Mr. Howard Arnaiz
Nbkelume village Subdivision
1073 A -rani Drive
Lodi, CA 95240
Dr. Don Nakashima
1731 LeP,ec Court
Lodi, CA 95240
Mrs. Cecil Church
1739 LeBec
Lodi, (A 95240