The Dana Point Boaters Association is the champion of recreational boating and the jewel that is
Dana Point Harbor.

Thursday, March 30, 2023

Spring Forward on the Legal Horizon

Hi Dana Point Boater,

You may be aware that the slip fees charged by the current management disproportionately place the burden of refurbishing the land side (real estate) on the boaters without improving amenities for boaters. And some essential extras have been removed or replaced with water and electricity usage increases. Recreational boaters oppose relegation as the proverbial cash cow that funds most of the harbor revitalization (sea and landside) under the guise of the Partners' self-funding declaration to the County of Orange.

 

As part of the Discovery process of the pending Class Action lawsuit, the boaters' lawyers got a copy of a document the lessee of the County owned marina, Dana Point Harbor Partners, delivered to the County Real Estate division just before the increase in slip holder fees. In it was the following disturbing quote:

 

"The marina is the cornerstone for DPHP to obtain financing for all aspects of the revitalization of Dana Point Harbor.


The marina business plan assumes getting to close to OC average slip rates over time, which is approximately 200% to 330% higher than the current slip rates."  (Grammar errors edited in the original quotation prepared by the Partners for easier reading.)

 

The County did not object to this business plan. While it is still under consideration how much the Partners intend ultimately to raise slip rates, it is clear that unless challenged, boaters can expect to eventually be charged at least double or triple what boaters paid before the Oct. 2021 increase. So, if you paid $400.00 per month before the rise, expect to be charged $800.00 or more. If you paid $1,000.00 per month before the increase, you might anticipate fees over $3,000.00 after the Partners fully executes their "business plan."

 

In other words, the October 2021 increase was just the start of the gouging! The Class Action lawsuit is the only thing standing in the way of this outrageous overreaching. That's why the Partners are fighting it so hard.

 

Boater contributions are the main thing sustaining the Class Action lawsuit as we advance. PLEASE DONATE NOW! Even if you didn't donate before because you thought you could live with the present increase, will you let your slip fees double or more than triple without opposing this "business plan?"

 

On the legal horizon, dates for the depositions of Joe Ueberroth and Mat Miller got scheduled for early April. We have the Motion to Certify Class hearing on April 14th, and another Discovery conference is scheduled on April 25th —our Motion to Compel turnover of the boater contact information is set on May 19th.

 

We invite your ideas as solutions to transition smoothly into a Dana Point-centric renovated harbor that serves boaters, visitors, and residents of the harbor area.

 

Your Dana Point Boaters Association speaks boldly and advocates on behalf of all boaters seeking the use of a public asset. We strongly support boaters' rights and encourage writing and discussing your observations. We ask that you donate to the legal fund. Exercise your power to speak, vote and enjoy the fruit of your labors.

 

"Our strength is in our unity of purpose."

Legal Endeavors are Expensive

Lastly, legal endeavors are expensive, and we appreciate all who have donated to our legal fund.

Please consider doing so today. If you haven't donated, consider an ongoing monthly donation by clicking the box "Make this a monthly donation," click here. These legal costs keep mounting as we continue moving forward with the Class Action Lawsuit. Your information will remain private. 

Dana Point Boaters Association thanks you for your help and dedication to improving our home port marina experience. Feel free to fly your I'm All In Flag (special class legal fund donation.)

In the meantime, please continue to submit your comments on slip rate increases and other subjects by Click Here.
All donations are private and your identity will never be shared

Your Dana Point Boaters Association Directors, Advisors, and Advocacy Members Thanks You For Your Support!

From: Victoria Winters, Secretary | (949) 485-5656 | Email Us! | DPBA Website

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