Commercial kayak rental and tour guide operators in La Jolla Shores stand opposite each others’ paddles regarding the trade’s future; some have asked the City of San Diego for help, while others “” considering the help illegal in the form of permit fees “” decided to file suit.
Rob Wadkins, owner of San Diego SCUBA, rents kayaks to tourists at La Jolla Shores. He works out of the Hilton and the Sheraton hotels at Harbor Island. About a year ago, the city increased permit fees from $500 a year to $500 a month, but Wadkins said the city has no right to do that, so he sent a claim in January and plans to file a lawsuit May 17, he said.
“The city doesn’t own the land,” Wadkins said, referring to a launch ramp at the end of Avenida de la Playa. “It was granted to the people of California in 1913… then in 1926… It means they cannot charge anything for us to use it.”
In an attempt to drive smaller kayak companies out of business, Wadkins said San Diego City Council President Scott Peters and other officials increased permit fees.
“He’s a fat-cat politician, he’s a crook,” Wadkins said. “We want our money back. It’s illegal. I want our 6,000 back, and another 4 grand, so 10,000, plus the other operators there “” I want to get all their permit fees back [for them].”
“We have recently received assurance that such permit fees are both legal and consistent with the California Coastal Act,” said Peters.
Other commercial kayak owners said that Wadkins’ viewpoint is tainted because he is a fair-weather operator.
Michael Luscomb, owner of La Jolla Kayak, said Wadkins operates in summer months from his van when business is good, while the kayak businesses on Avenida de la Playa stick out the winter season. While Wadkins travels, the main kayak owners must twiddle their thumbs, Luscomb said. According to Luscomb “” whose kayak store is the largest in La Jolla “” the main kayak owners are not joining Wadkins in the lawsuit.
But Wadkins’ issue wasn’t only with what he calls illegal fees; he also said the city issued 10 permits, mostly to kayak owners on Avenida de la Playa, the La Jolla Shores street that turns into a boat launch ramp, ending at the sand. Wadkins said he was one of the first kayak operators but is still a small operator because his location isn’t near the shores. The city is contributing to an elitist attitude, he said.
Others said the permit fees are not fair, and while the lawsuit addresses those fees, there is another payment method kayak operators spoke about. According to Richard Henderson, retired attorney, if the city decides to charge for launching craft, they should charge per vessel.
“He’s got 14 [kayaks],” Henderson said, explaining that Wadkins owns a minimal number of kayaks. “Why should he be paying the same amount of money as the guy with 120 [kayaks]?”
While Wadkins began filing his lawsuit, which he said addresses the number of permits, the larger kayak operators started working with the city to reduce the number of permits issued.
On Sept. 4, 2007, Peters wrote a memo to Mayor Jerry Sanders on behalf of the kayak operators, asking Sanders to issue a Request For Proposal (RFP). Because the “unchecked proliferation of kayak tours…contributes to traffic congestion at the boat launch,” Peters wrote, the businesses were endangering the safety of citizens.
According to Wadkins, this RFP was just another way for Peters to help certain businesses and exclude others.
“A recent RFP issued for surf instruction camps at this location was successful, and I expect that a similar measure for kayak tours will enjoy similar success,” Peters wrote in the September memo.
Commercial kayak owners located on Avenida de la Playa said they are willing to pay permit fees because they said they want Peters to help them cap the number of permits issued.
According to Peters, neighbors living near the boat launch ramp contacted his office, expressing their concerns about a possible oversaturation of the commercial kayak market.
Citizens told Peters’ office that the kayak operators contribute to vehicular and pedestrian congestion in the La Jolla Shores area, he said in a written statement.
“I’m confident that by working together with kayak operators and residents, we can craft a solution that allows public access to the water while protecting the quality of life in the areas around Avenida de la Playa,” Peters said. “I hope the community will join me in asking the mayor to give proper attention to this important community issue.” n