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As we approach the fourth quarter of 2024, we want to share with you one new development in our advocacy efforts and highlight some pending items that have not yet been resolved by the OC Real Estate office or the City of Dana Point.
CURRENT SLIP LAYOUT: In September 2022, Dana Point Harbor Partners (DPHP) published a slip layout we felt did not comply with CDP – 5-19-0971 (CDP is the Coastal Development Permit). Dana Point Boaters Association (DPBA) immediately filed a complaint with the Enforcement Unit of the CA Coastal Commission. The Enforcement Unit has been slow to respond to us due to many coastal crises over the past two years, but we have followed up regularly with them, and they recently opened an inquiry. Click here to read their letter to DPHP.
DPHP did respond to the CA Coastal Commission via a very “colorful” email, which isn’t worth repeating out of sensibility to our readers. We are reviewing their response and will forward our comments to the Coastal Commission (we have many). Watch for a future email on this topic.
We are still waiting for a response from the OC Real Estate office on this matter too. Over the past eight months, we have pointed out items that we feel are non-compliant with the CDP but still have not received substantive answers to most of our inquiries.
PENDING CLASS ACTION AGAINST PARTNERS OVER SLIP FEE INCREASE: The DPBA has been supporting, and will continue to help, the pending Class Action lawsuit, currently before the California Court of Appeals, over the increasing slip fee charges imposed by the Dana Point Harbor Partners. We are awaiting the Court of Appeals to schedule oral arguments on the appeal.
The basis for the Class Action is the slip holders' contention that the fee increase exceeds the market rate for slips in the Southern California marina market, and the fees were not reasonably determined, in violation of the Partners Master Lease with the County of Orange. Class Action Plaintiffs contend boaters are third-party beneficiaries of this clause of the lease, the Partners deny this. Attorney fees are continuing to accrue, and contributions are welcome.
SLANDER LANGUAGE IN SLIP LICENSE AGREEMENTS: DPBA pointed out to the OC Real Estate Office and to Supervisor Foley new and unapproved language that appeared in the new Slip License agreements, which reads: Noise and Conduct. disorder, depredations or indecorous conduct by tenant or his visitors that might injure a person, disturb other berth tenants, cause a nuisance or damage to the property, or harm to the reputation of the Marina, including but not limited to slanderous comments posted on social media websites or other places, may result in immediate termination of the Vessel Owner's Contract for Private Wharfage. DPBA is still awaiting a response from the County on this subject.
DAY-USE BOATER PARKING: Your Dana Point Boaters Association, along with trailer boaters, have challenged the City of Dana Point and Coastal Commission regarding the REDUCTION and parking space sizing of Day-Use Boater Parking.
In closing, there appears to be progress on the commercial core segment of the project. Kudos to DPHP for one item. If rumors are true, the parking structure is on schedule to be completed early. If true, that is great news, because they could commence Phase 2 of the commercial core early. Wouldn't that be wonderful!
Coming Soon! Our next newsletter will introduce a new project we have been working on for over a year.
#dpboaters
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