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August 25, 2026
BOS Meeting - New Dana Point Harbor Leases
Most likely, you have already heard that the Board of Supervisors continued the agenda item again regarding the approval of new 66- year leases for Dana Point Harbor. It will be deliberated once again at the August 25th meeting.
It was an interesting meeting, especially the comments by Supervisor Wagner and Supervisor Sarmiento. We sincerely appreciate both of them slowing down the decision-making process in order to ensure that the new leases fix the issues in the current leases.
While we acknowledge the amount of work Supervisor Foley has done to keep this project moving forward, especially the permitting process, we were surprised that she did not mention inclusion of the slip rate pricing model she introduced at the June 23rd meeting. The subject of boater parity was actually broached by Supervisor Wagner. We appreciate his acknowledgement that the County needs to negotiate the best deal for the Public including the boat owners.
If you are interested in watching the video of the meeting, click on the link https://ocagendaext.oc.gov/MeetingVideo/78 and then click Item 31. The comments of Dana Point City Council Member, Mike Frost, might be of interest to you as well which start at 1:28:07. In part, he said as a taxpayer: “The boat slips are not public. They’re private. There’s a lock on each one. Furthermore, the Lessee (meaning the slip holder) has the right for this lease in perpetuity. Basically, we are privatizing a public asset, at which time when we do that there is no public benefit to that slip itself.”
We wonder if the City of Dana Point understands the Tidelands Grant which was for the development of a harbor. The maritime definition of harbor is: A natural or artificial body of water where ships, boats, and commercial vessels can find safety, dock, and load or unload cargo or passengers. Everything else is incidental to the harbor as stated in the Grant.
When public lands, long-term corporate leases, and state laws collide, the reality of what is actually happening can easily get buried under a mountain of political spin and dense legalese.
It becomes much clearer when you strip away the corporate buzzwords and look at the core truth: you cannot magically dissolve a constitutional public trust just by signing a lease with a private management company.
The locals who have spent decades sailing, fishing, and walking those docks see the situation exactly for what it is. The ongoing pushback from the boating community is the only reason these details are coming to light rather than quietly sliding through the Board of Supervisors.
If the Board of Supervisors don’t correct the flaws in the proposed leases before they are approved, the future of the harbor largely hinges on whether state regulatory agencies like the California Coastal Commission will actively enforce the law, or if the developers will successfully reshape the harbor into a private enclave. One could surmise that is why Lease Challenge language was added to the proposed leases that aren’t in the current leases.
Section 8.1 (e ) Indemnification reads: challenges to the approval this Lease brought by any party, including any agency with oversight of public tidelands (“Lease Challenge”).
It is apparent that by including this language in the leases, either the County or Dana Point Harbor Partners have concerns about the leases not complying with the Tidelands Grant.
We also wonder if the Board of Supervisors understands that California guarantees a constitutional right to fish on public lands and state waters under Article I, Section 25 of the California Constitution. It is somewhat difficult to fish in the ocean without a boat.
Please send another email to all five Supervisors this week, but also take the time to call them. Lastly, we need boaters to show up at the August 25th meeting and let your comments be heard. If you can’t attend the meeting, you can still call in with comments.
Please tell your Supervisors they need to add the requirement for fair, market-based slip fees!
Orange County Board of Supervisors Meeting - August 25, 2026 @ 9:00 AM
PARTICIPATE IN PERSON:
BOARD HEARING ROOM, FIRST FLOOR
400 W. Civic Center Drive
Santa Ana, California
August 25th Agenda
Agenda Item #18
PARTICIPATE VIA REMOTE REGISTRATION:
Remote Registration Opens 8/25/2026 at 8:30 AM PDT.
Register To Participate By Phone: 949-529-9150 No Pin
Links to the Supervisors are listed below, along with this LINK to email them directly using the suggested language.
Again, we urge you to email, write, or call the Supervisors in support of the proposed language requiring guidelines on slip price increases.
Thank you!
Orange County Supervisors:
Mailing Address:
400 West Civic Center Drive
Santa Ana, CA 92701
Email Addresses & Phone Numbers:
Doug Chaffee, Chairman
Fourth District Supervisor
Fourth.District@ocgov.com
Phone Number: (714) 834-3440
Katrina Foley, Vice-Chair
Fifth District Supervisor
Katrina.Foley@ocgov.com
Phone Number: (714) 834-3550
Janet Nguyen,
First District Supervisor
Janet.Nguyen@ocgov.com
Phone Number: (714) 834-3110
Vicente Sarmiento,
Second District Supervisor
Vicente.Sarmiento@ocgov.com
Phone Number: (714) 834-3220
Donald Wagner,
Third District Supervisor
Donald.Wagner@ocgov.com
Office Phone Number: (714) 834-3330
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