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Over the last few weeks, we have been trying to sort through the day-use boater modified parking plans, and the dry storage tenant rate confusion. Here’s a brief overview of the current developments.
Day-Use Boater Parking:
According to the Dana Point Local Coastal Plan (LCP), 334 vehicle-with-trailer parking spaces must be maintained at all times, even during construction. However, a recent walk-through with County Officials revealed discrepancies in the redesigned parking lots, with many designated spaces intended for cars only. We feel the modified parking plan does not comply with the LCP and urge the City of Dana Point Community Development Director to withhold approval until compliance is ensured.
Dry Storage Tenant Rates:
Confusion arose among dry storage tenants due to letters sent in March by The Marina at Dana Point (TMDP), hinting at a substantial rate increase. However, the actual goal was to uniformly apply the $12 linear foot rate implemented in September 2021 to all tenants. The practice of offering discounts off posted rates dates back to the County's management of the marina. Questions regarding the ownership of Dana Point RV & Boat Storage by Burnham Ward Properties remain unanswered, raising concerns about the justification for rate increases. Click here for a copy of the 2021 justification letter.
New Slip Fee Increases:
Monday, the Dana Point Harbor Partners dropped their unpleasant, new bombshell; another increase on the already unreasonably high wet slip fees. This is the second increase in less than three years and will make Dana Point marina’s slip prices even more out of line with the market.
The Partners “justify” this increase with a market survey that only includes Orange County marinas, mostly Newport Beach marinas, without revealing that Newport Beach marinas are outliers as compared to every other marina in California and beyond. Slips at a number of Newport Beach marinas charge $64.73 per foot for a 25’ boat. That’s $1,618.25 per month for a 25’ slip. Newport charges up to $108.76 for a 40-foot slip, or $4,350.40 per month. The Partners claim these are comparable market rates. Seriously?
The Partners also claim they need only compare to Orange County marinas because most of the slip holders are from Orange County. This is utterly illogical. Why would any boater from San Diego or Los Angeles County choose to rent a slip in Dana Point, at these highly inflated prices, when they have fully renovated marinas in their own county much closer than Dana Point? Do the Partners not understand that these aren’t justifications, these are merely pretexts for the Partners desire to gouge boaters and the public at every turn? The Public Trust Doctrine provides that tide and submerged lands and the beds of lakes, streams and other navigable waterways are to be held in trust by the State for the benefit of the people of California. This is the document which should guide how fair and reasonable slip rates are determined.
When we received the wet slip rate increase letter, we voiced our concerns with Supervisor Foley’s office and asked for a copy of the documents presented to Orange County by DPHP outlining the rationale and the methodology used to justify the increase. Supervisor Foley’s office forwarded us the letter to the County, which included the Five-Year Plan for slip rate increases. Click here & here for a copy.
We asked Supervisor Foley if the County had vetted and approved the rationale and methodology. We were advised that many meetings had occurred where the County challenged the original fee proposals. Changes were made, and drafts were submitted back and forth. The Five-Year Plan draft was developed out of those meetings and was to be presented to the Dana Point Harbor Oversight Advisory Committee for input on May 1st. The County had not yet agreed to the increase.
We received a copy of a letter from Thomas “Mat” Miller, CEO of Real Estate to Dana Point Harbor Partners. Click here for a copy.
While we don’t agree with the slip rate increase, we are exuberant that Supervisor Foley and the OC Real Estate office are demanding that DPHP complies with the terms of the master lease. We also don’t agree with the Five-Year plan as it stands now. DPBA has been working on a suggested slip rate increase policy and will forward it to Supervisor Foley’s office for review.
We know the Partners intend to eventually charge slip fees in parity with Newport Beach. Is any slip holder prepared to pay those kinds of prices? The lawsuit challenging the 2021 price increase is before the California Court of Appeals. Attorneys for the boaters are confident of the boaters’ position and feel that the lawsuit can be successful. This new increase, one way or another, will be part of the issues to be determined by the courts. BUT THAT LAWSUIT NEEDS BOATER SUPPORT! Please contribute now to the legal fund. Don’t let the Partners’ intent to turn Dana Point Marina into a high-priced clone of Newport Beach go unchallenged. Click here to donate.
#dpboaters
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