Fairwind Yacht Club Newsletter (Aug. 2021) - Covid updates, upcoming elections, and a legendary legal battle.

Fairwind Yacht Club Commodore Lenox C. Grasso accepts an award from the Boys and Girls Club of West San Gabriel Valley and Eastside on August 2, 2021. (Photo by Alex Van Name)

Another Rollercoaster Month

by Lenox C. Grasso, FYC Commodore, Port Captain MdR

Lenox Grasso is the FYC Commodore and MdRH Port Captain. He joined FYC MdRH in 2010 after many years of sailing the Eastern Seaboard, Great Lakes, Bahamas, Caribbean, to Cuba, Panama, Bermuda, and Spain. Educated at Yale and Harvard, Lenox worked in federal defense and in expert systems with IBM, Naval Intelligence, NY Hospital, and at Harvard University. Lenox is a USCG 100-Ton Master and now works at ASA (Certs 107-108, 200-206, 211-218).

Rear Commodore's Report

by Alan MacGovern, Rear Commodore CIH

This is what calcification looks like. It is a two-inch hose reduced to a 1/2 inch caused by hard deposits. (Photo by Alan MacGovern)

This month’s little piece from our northern harbor addresses an issue that all saltwater boats with heads have to deal with sooner or later, namely calcification in the hose leading from a head’s bowl up to an anti-siphon valve on the way to the holding tank. Uric acid, which we happily and regularly produce, reacts with the calcium in seawater to form a substance very akin to concrete. If the acid/calcium combination is not flushed out thoroughly after each use, this calcification “concrete” will coat the inside of the hose, eventually narrowing the passageway so that even a modest amount of toilet paper can cause a blockage. This recently happened with Angelsea’s aft head to the extent that the offending length of the hose had to be removed and replaced with a new one. The included photo shows a cut-through of the hose where the blockage occurred.

In order to prevent the calcification, we can either make sure to flush a lot so that only seawater and little or no uric acid remain in the hose, or we can use fresh water to flush, in which case it's just important that the bowl be emptied. Freshwater is usually available from the showerhead. For boats on a cruise, at least at CIH, it's usually impractical to use fresh water as this will empty the freshwater tanks prematurely. So flushing has to be done with seawater and to an adequate amount. Of course, this fills the holding tanks sooner than desired, but at least one can head out a few miles from the anchorage and empty them by maceration.

How much flushing is enough is the question. On most of our boats with heads, the length of the hose from the bowl up to the anti-siphon valve is 3 to 4 feet. Each pump of the Jabsco pumps moves about 6 inches of liquid along the hose so that 8 to 10 pumps are sufficient. No harm to give a few more as mixing in the hose will occur. On Angelsea’s aft head the hose is unusually long, namely 8 feet, so that a minimum of 20 pumps is required. This is way more than most people do, which explains why this particular head has been more of a problem.

Since I have no idea how rapidly the calcification takes place (any chemist members?) it might be a good compromise for crew to flush normally and the skipper each evening to do one long clearing pump.

Thanks are due to Terry Keller for gallant efforts to clear the hose, and to Jim Greer for figuring out how to get the old one out and the new one in. Both are pretty nasty jobs.

On a more fun note, we had a very successful first full harbor workday at CIH on July 18th with excellent attendance. Lots of work got accomplished and lots of members were able to restore contacts. Thanks to Harbor Captain Scott Kelly for organizing a fun raffle.

Born and raised in Ireland, Alan MacGovern began sailing dinghies as a teenager. He was an active member of Dublin University's sailing team, and after emigrating to Massachusetts in 1966, began racing a Sunfish with the Cochituate YC. After moving to California he joined FYC in 2010 and moved up to larger craft. Alan is a retired aerospace engineer and lives with his wife in Thousand Oaks.

Rear Commodore's Report

by Steve Fenster, Rear Commodore MdR

Stephen Fenster is the Rear Commodore for FYC MdR. He holds a BA in Education and has spent his professional life in the marine and automotive aftermarket. He serves on the Fairwind Board, the Harbor Committee, and the Boat Selection Committee, and is responsible for all outboards. He has been married for 39 years and has one child.

COVID Coordinator's Report

by Yosh Han, COVID Coordinator MdR

Cmdr. You Wei Lin, from Lexington, Mass., injects anesthesia during an interventional radiology study and procedure on a patient aboard the hospital ship USNS Mercy (T-AH 19) in Los Angeles on April 18, 2020. (U.S. Navy photo by Mass Communication Specialist 2nd Class Erwin Jacob Miciano) (CC BY-NC 2.0))

Please review the latest MdR Phase 4A Pandemic Rules effective August 1. Members must obey the Phase Guideline Rules of the Harbor that they visit.

HIGHLIGHTS: In MdR, all new Candidates for admission to FYC MdR must provide proof of full vaccination against Covid-19. In MdR, all Members and guests, from both CIH and MdR, must provide proof of full vaccination for Club Cruises on MdR vessels. In MdR, all Members and guests are assiduously encouraged to be vaccinated fully against Covid-19. In MdR, all Members and guests, from both CIH and MdR, must disclose their vaccination status on MdR piers and for day sails, if asked.

Click to review Phase 4A.
Click to see more images from the U.S. Pacific Fleet.

Yosh Han is the Covid Coordinator under the guidance of Ken Murray, MdR Fleet Surgeon. Yosh recently double-handed 2750 nautical miles from San Diego to Honolulu, Hawaii on a 30' Ericsson. Earlier this year, she was First Mate on a delivery in the Caribbean from Grenada, to USVI, to Charleston, So. Carolina. She is the ABC on Seaweed and Publicist for Women's Sailing Assoc. SMB. She races on s/v Wahzoo, a Santana 30'.

Getting Back to "Normal" in CIH

by Scott Kelly, CIH Port Captain

Seniors from La Reina High School in Thousand Oaks enjoy a day sail in July 2021. From left to right: Allison, Amber, Julianna, and Jianna. Since 2016, these girls have done a yearly sail together after volunteering for the Girl Scouts' summer camp. (Photo by John Mudget)

There are new CIH Covid guidelines that have been posted to the Fairwind.org website and are effective June 25, 2021. They do supersede the early guidelines that was dated December 17, 2020. Please take a moment to go to the Fairwind website and review and follow the guidelines that are on the website.

These guidelines are in place until there is a change to local guidelines. To that end we conducted our first Work Day open to general membership since the Covid shutdown in March 2020. That Work Day was held on Sunday July 18^th. We enjoyed an exceptional turnout with sixty-three members signing the attendance roster. There was a tremendous amount of work accomplished and we had a fun raffle with some great prizes—thanks everyone for a great work day!

We have now scheduled three CIH Club Cruises which are reserved for the weekends of August 27-29, October 1-3, and November 5-7, 2021. We have scheduled all of the CIH cruising class boats for those weekends, and anticipate a full turnout. All members are invited to participate, regardless of your checkout status, whether you are Not Checked Out, Small, Medium, or Large boat. All members and one guest are welcome to join us for a three day cruise to Santa Cruz Island with some of the best skippers in the Club.

Scott Kelly has been a member of Fairwind CIH since 2009. He was on the Board of Directors as Fleet Captain 2011-2012, Port Captain 2016-2017, and Commodore 2016-2017. Currently CIH Cruise Chair. He is an ASA 201, 203, 204, 205, 206, 214, and 218 Instructor. He is also certified as Master Scuba Diver, surfs, and is happiest on, in, or under the water.

The Seabridge Marina Lawsuit

by Scott Kelly, CIH Port Captain

"The scales of Justice" (Photo by James Cridland) (CC BY 2.0)

Many of our members, including CIH members, are only vaguely familiar with the arrangement that FYC has had with Seabridge Marina since the development of the Seabridge homes and waterways.

In 2004, DR Horton, the developer of a master planned marina community named Seabridge, entered into an agreement with the California Coastal Commission and the City of Oxnard permission to build the homes and the marina. In order to secure the permission to develop DR Horton was obligated to make a provision for public access.

David Lumian, a member of Fairwind Yacht Club, was involved in the negotiations whereby DR Horton agreed to fulfill the public access requirement by helping to fund Fairwind Yacht Club CIH branch, to offer low cost sailing to the community, and to offer sailing to the community, as we do with our open houses and our Boys and Girls Club sailing activities.

DR Horton agreed in contract for FYC to possess six contiguous slips which were specified as three 35 foot slips, one 35 foot end tie, and two 30 foot side ties. In the contract it was specified that FYC would be permitted to rent out four of the slips to defer slip costs in the larger marina, and two slips were required to be reserved for our community sailing activities, i.e. Boys and Girls Club boats. The contract agreement is for 50 years, and may be renewed, of which 33 years remains.

In 2007 the marina was completed. The DR Horton designated marina operator, California Yacht Marina, met with FYC representatives and with a legal document assigned the six contiguous slips in Seabridge Marina as strictly as specified in the 2004 agreement. These slips are located in E-13 through E18, very desirable slips in a very desirable location.

FYC chose to rent out three of the 35 foot slips for income of $930/month, deposited into our bank account, and the remaining three we chose to use for the B&G Club.

From 2007 until 2016 everything went well. In February 2016 Seabridge Marina was sold and bought by a new operator, CI241LLC. The new general manager saw the slips that FYC possessed as lost revenue to his operation. He decided he wanted to move the B&G Club boats to a much less desirable location in the Marina, and he approached the Port Captain in 2016 who evaluated the situation and refused to move the boats.

When I became Commodore and CIH Port Captain in 2017 I was noticed by Seabridge Marina that he intended to move the B&G Club boats. With the help of a member attorney I was successful in stopping him from doing so.

After I left the CIH Port Captain position the incoming Port Captain was asked to move the boats. Although the new Port Captain was aware of the two previous Port Captain’s refusal to move the boats, in the spirit of cooperation he agreed to move the B&G club boats. It was not his intention, but the result was merely the first step by CI242LLC to move our boats from valuable slips.

When that Port Captain left his post and was succeeded by Lynn Erickson, the general manger made his second move—he noticed FYC that he was going to relocated our three rental slips to a much less desirable part of the marina. Erickson attempted to negotiate with him, but he intended to move the tenant boats whether we liked it or not.

Erickson worked with our club attorney and a lawsuit was filed in Superior Court and Temporary Restraining Orders were put in place to stop him from moving the boats. This tactic worked for a time until the Superior Court determined it to be a case for arbitration.

Erickson then attempted to come to a compromise agreement, but the attempt was rejected by Seabridge.

The rejection of the compromise agreement occurred within days of me taking the office of CIH Port Captain on Oct 1, 2020.

I wasn’t aware of any of this legal activity when I took the position.

I first met in person with the general manager and attempted to complete the compromise agreement that Erickson had proposed. He rebuffed my efforts and would only agree to the compromise if FYC paid his attorney fees which he estimated between $20,000 to $25,000.

One of the key considerations is the revenue generation of the rental slips, and the contract length of at least 33 remaining years. If managed correctly that revenue could range from $750,000-to over $1,000,000 over those 33 years.

During the last week of February and first week of March the general manager of Seabridge Marina moved two of our tenant boats from their slips to a blatantly dangerous situation in a small buddy slip in another part of the marina.

After discussing with my Port Committee and the Board the decision was made to pursue Arbitration.

On March 8, 2021 FYC CIH filed for Arbitration. We were assigned a retired judge as arbitrator, and on three days, from May 10-May 12^th arbitration hearings were conducted, totaling 23 hours of testimony over those three days.

Our witnesses included members Dave Lumian, Mike Delaney, Alan MacGovern, Lynn Erickson and myself. We also had the original signatory for the original 2004 agreement DR Horton, and the original marina operator before CI241LLC who testified that the slips that were assigned to us were the only ones that could fulfill the 2004 agreement in the marina. There were expert witnesses for both sides, tenant witnesses, and employee witnesses. We also had excellent drone footage which was used extensively and convincingly, shot by our CIH member Bill Matson.

We received the Arbitrator’s Order on June 8, 2021. In the Order we were completely restored to our original 2004 and 2007 documents. All six of our contiguous slips from E-13 to E-18 have been confirmed as our right to continue to use for the remaining 33 years, unless extended beyond 2054.

After a seven-day request for correction in Arbitration ending on June 16^th there was no valid request from CI241LLC, and the arbitration award became final. The arbitration forum and judge do not enforce the order, so the Award was filed for final judgment in Ventura County Superior Court. Final Judgment was issued on 8/5/2021, which means the Award is now enforceable by Court Order against CI241 for at least the next 33 years.

As well can be imagined, this lawsuit as consumed much of my time and the Port Committees time throughout this term. I estimate that I have spent over 120 hours of my time alone. Some of the tactics waged by CI241LLC were reprehensible and certainly more than extremely confrontive. In addition, the legal aspects of the case were in question and the outcome was never clearly in our favor.

The cost of this effort is not only time, talent, but also treasure. This legal judgement has been expensive. The Arbitration court cost was $19,331.20 for each party. The attorney fees that we have been invoiced from the time I took office is $60,190. We have paid several invoices and the remaining balance that we owe is $58,552. I have discussed our repayment of this bill and our attorney has agreed to allow us to pay over time with payments.

We as a Port Committee will be discussing the best way to pay down this debt in payments that will be acceptable to both FYC CIH and our attorney.

Keep in mind that we did win the lawsuit—we have had our contiguous slips returned as before 2018, and that we have the right to slip rents for 33 years. Our revenues, if done correctly, could range from $750,000 to $1,000,000 as income to our club for many years to come.

Fairwinders Give Sailing Opportunities

by Alex Van Name, FYC Training Coordinator

Outreach and education are cornerstones of Fairwind Yacht Club. (Video edited by Bettina Martin)

For 20 years, the Fairwind Yacht Club has been supporting the Boys and Girls Club, giving sailing opportunities to kids who might not get to enjoy the water at all. Kids from around the county are given the opportunity to sail on Hobie Catamarans and use Kayaks/Paddleboards. Boys and Girls learn valuable leadership skills through sailing.

During this event, FYC Commodore Lenox Grasso accepted an award from David Lumian, along with Jack Ainsworth of the California Coastal Commission, Marie Rogers from the SCYA Inclusion Committee, and Lenny and Cindy Shabes of the American Sailing Association for their combined support of the Boys and Girls club programs. Gary Jones from Beaches and Harbors and Jayme Wilson, Deputy for Janice Hahn, were also in attendance.

Several Counselors shared how their love of sailing and working with kids fueled their personal growth. Many of the counselors wrote essays about their experiences volunteering in college and are convinced that sharing their stories helped secure college admission.

A few Boys and Girls Club participants also spoke about how fun it was to learn how to sail and kayak from the counselors. They really appreciate the opportunity to make decisions about controlling the boat. We know as adults how this metaphor extends into leadership and decision-making for your life.

The Bel Air Bay Club presented the Boys and Girls Club with a check for $383,500 to support the program as well.

Alexander Van Name is the Training Coordinator for FYC. He first learned to sail as a teenager on his father’s J-30, the Nordic Star. Alex raced with his father, Robert, and grandfather, Jack. After moving to California, Alex earned ASA 101,103, and 104 from the California Sailing Cooperative. He then joined FYC on July 15, 2018, and earned ASA 114, 105, 201, 203.

Growing up in Germany, Bettina Martin gained some experience sailing as a student during the summer months in Croatia but shifted her focus to horseback riding in her 20s. With sailing, Bettina is most passionate about racing, especially working the foredeck. She joined FYC in the fall of 2020 and earned her ASA 101 in spring 2021. Bettina is looking forward to advancing her maritime education.

Dirty Water at Marina del Rey:
One of 10 Most Polluted in State

by Ron Sasiela

This sea lion looks for a place to come up for air on a dock at Marina del Rey on August 10, 2021. (Photo by Patricia Nazario)

Among fellow Instructors, we like to discuss safety topics and teaching techniques. One of the most common is the “best” recovery technique for MOB – Man Over Board. Techniques such as the classic Figure 8 approach, as taught from the early start of sailing to more advanced moves, such as the Quick Stop, or LifeSling, along with ways to bring the victim back on board the boat, can initiate heated discussions.

A little-known fact is that nearly ALL of our members’ MOB experiences do not occur while underway - in a stiff breeze & with the boat heeling! Instead, they occur right at the boat slips, for instance, when members or guests inadvertently fall into the water while stepping off a boat as it is being docked, or just simply walking unawares along the relatively narrow, individual slip-finger piers.

Although mostly an embarrassment, climbing back on the dock can be a struggle by oneself, let along the likely saltwater damage to a cellphone & now wet clothes. Injury from the fall can result if one hits themselves against the boat, or dock – you’ll notice an abrasion or small open-cut bleeding wound afterwards. I personally witnessed a boater who fell off the dock, hit a boat on the way into the water and incurred a cracked rib and punctured lung as a result!

Prevention is called for as you transit the docks. Watch for proper footing when you step around – cleats, coiled water hoses laying across the walkway, coiled dock lines and power cords that roll when stepped on, elevated dock/spring lines to trip over, tools, etc. are all potential HAZARDS to be alert for while transiting around the docks. Also, as we get older, our sense of balance becomes compromised – work on it. Let’s not let a fall add to our concerns – THEY ARE AVOIDABLE.

While falling off the dock is not bad enough in and of itself, consider the latest LA Times’s June 30th scathing article reporting MdRH is near the top of the list of California’s polluted waterways. Its vast number of boats (do they all use the pump out facilities?), col-du-sac design without thru circulation, a basin for street run off with dog poop/road tire dust/oil/pesticides, etc. all contribute to its repeated high micro counts and visible floating debris.

With that in mind, if you do happen to incur an unfortunate plunge, keep your mouth closed and immediately upon exiting the water rinse off well with fresh water and promptly change out of your clothes to avoid a possible skin rash/ ear and upper respiratory infections, stomach flu, etc. If someone offers to demonstrate a MOB recovery technique which requires you to go into the harbor’s water – think twice before accepting. When using the SUP, kayaks, Hobies, rinse off well afterwards too.

Be a safety-conscious Fairwind member!
Article word count = 466.
Run accompanying photo of typical hazardous dock conditions

Briefing on Cruising the Channel Islands

by Tom Dotz

This monthly newsletter by the Santa Barbara Sail & Power Squadron contains a very good briefing on cruising the Channel Islands, “Channel Islands cruising notes: Windy, rugged, fun” by Mike Pyzel. The author is a highly accomplished skipper who teaches this subject at Santa Barbara City College.

Scroll down, the article starts on page 12.

The eight Channel Islands span across Santa Barbara, Ventura, and Los Angeles Counties. Pictured here are Santa Rosa and Santa Cruz. The other six are Anacapa, San Miguel, San Clemente, San Nicolas, Santa Barbara, and Santa Catalina. (From the Signal Hoist Monthly Newsletter August 2021)

Tom grew up gazing longingly at the Channel Islands from Carpinteria. He learned to sail at UCSB and crewed on races for some years thereafter. After a long time away and a 2015 Atlantic passage (icebergs and fog, oh my!), in 2016 he returned to Santa Barbara and discovered Fairwind. He hasn’t looked back since. Currently ARC for small boats at CIH, he has taken advantage of many of the learning-by-volunteering opportunities the club offers.

For Your Own Good

by Lon Cohen, ABC Dreamweaver

Here is a video of one of our members checking out on a FYC kayak. Harvey Chao (not pictured), is doing the checkout. You can see that one must show that they can get back into the kayak from the water. It's for one's own safety. (Video by Lon Cohen)

Lon Cohen is the Assistant Boat Chief on “Dreamweaver” (the clubs’ Catalina 36 in MdR). Growing up in New York, Lon first learned to sail on the Jersey Shore and relocated to Los Angeles in the late 1970’s to pursue a career in music, eventually building a “world class” musical instrument studio and touring support company. He joined the club in 2012 and has been actively volunteering ever since. He has earned his ASA 101-103, 104, 104, 114 and 118 and now lives with his wife in Rancho Palos Verdes.

MdR Racing Resources 2021-2022

by Mary Kullenberg

Mary Kullenberg joined Fairwind in 2019 after several months of loitering at Tuesday workdays in MdR. After graduating from UCLA, she worked in international shipping, financial services, and now works for Trader Joe’s. She’s a member of WSA, SMWYC, and Lido Fleet 6. Training: ASA 101, 103, 104, 114. US Sailing Basic Keelboat, Leeway Sailing Dinghy Levels 1 and 2.

California Boater Card

by Patricia Nazario

In California, each year a new age group is added to boaters who are required to have a valid card. For 2021, the law requires everyone 40 years old or younger to have a card. By 2025, everybody on the water will be required to have one. Once issued, the card remains valid for life.

Patricia Nazario is the FYC Newsletter Editor. She discovered sailing in the summer of 2019 and joined FYC in 2020. Educated at UCLA and Columbia University in NYC, Patricia is an award-winning documentary filmmaker and journalist. Patricia began her career as a reporter on local TV news and on National Public Radio (NPR). She learned Spanish in Buenos Aires, Argentina and has traveled across most of Central/South America. Patricia holds an ASA 101 certification.

Passing the Baton

by John Mudgett

Sailing down the California coast from Ventura back to CIH on August 13, 2021.
(Photo by John Mudgett)

Many of you are aware that I will not be running for Fleet Captain or other FYC Officer Positions in the upcoming election. There are several reasons impacting this decision, most importantly, my career and the company I work for are looking to take on a new chapter in our history.

I will maintain my role as an instructor and look to continue training you, our members, as this has truly been my passion over the years. In my view, it is a privilege and an obligation to share and pass-on all that has been taught to me throughout my sailing career, and there are so many folks here at FYC here to thank for developing my sailing skills and seamanship.

John Mudgett joined FYC in 2015. He has an MBA and works in health services and medical devices where he is SVP/General Manager of a $7B company. John and his wife Debbie, who are both from NY, are married 21 years. Their 19-year-old son is studying Chemical Engineering at Texas A&M, and their 17-year-old daughter attends LaReina High School. John has ASA certifications, 107, 114, 118, 119, 201-205.

Training, Volunteer Sign-Up, Credits, and Guidelines

by Patricia Nazario

MdR Harbor Orientation:

Training Coordinator Alex Van Name put together this 10-page document to help people fiind their way around MdR.

Volunteer Spreadsheet:
In our last Membership Meeting on Wednesday, June 30, 2021, there was some concern about ways to contribute to our community when making a workday Tuesday is impossible. Training Coordinator Alex Van Name took the initiative and created this sign-up sheet. Basically, members can post their skills and availability, so that others may reach out if there's a match. This sign-up sheet will remain an active part of our monthly newsletter.

Newsletter Submission Guidelines:

Our newsletter is a safe space for our community to share ideas, thoughts, information, and experiences. The content we generate is intended to inform, inspire and encourage us, all, to become better sailors, and better dial into the lifestyle we so enjoy. Articles should be topical, teach lessons/skills, or keep members up to date on current events. If you've had an amusing experience, or have done something unusual related to sailing, we'd love to share it! Here's how it works.

1) We publish the second Saturday of the month to coincide with FYC Open House
2) Longer articles may be split into sequential parts for brevity.
3) The submission deadline is the end of the month (for the following month's issue).
4) Accompany your story/article with photos/illustrations.
5) Include a 125x125 self-portrait and a 60-word mini-bio.

Please submit only your original photos for the newsletter header and the Fairwind Feature Photo section to: photos@fairwind.org

Please submit story ideas, questions, and/or comments to:
newsletter@fairwind.org

Thank you!
Patricia Nazario
FYC Editor

Fairwind Yacht Club

August 2021 - Editor: Patricia Nazario - Vol. 53 No. 08

IN THIS MONTH'S ISSUE (Click on links to go directly to the article.)

Photo by Liberty Winter ©2021
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Fairwind Yacht Club August 2021 - Editor: Patricia Nazario - Vol. 53 No. 08

IN THIS MONTH'S ISSUE (Click on links to go directly to the article.)

Photo by Liberty Winter ©2021 If this doesn't display properly, view it here in your browser.

Fairwind Yacht Club

August 2021 - Editor: Patricia Nazario - Vol. 53 No. 08

Photo by Liberty Winter ©2021
If this doesn't display properly, view it here in your browser.