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It appears what’s good for the goose isn’t good for the gander in the eyes of Dana Point Harbor Partners (DPHP).
In one of our November 2023 newsletters, we highlighted an answer to a question Supervisor Foley received from DPHP. To refresh your memory, it is below.
Question: There seems to be some oversized boats in slips in Phase 1 and Phase 2, also some severely undersized. Are these boats in permanent slips, or are these transition slips for these boats?
Response from DPHP: Phases 1 and 2 of the Marina Improvement Project are now complete. These slips have been allocated to permanent slip tenants who personally chose their new slip locations. It’s important to note that while the DPHP’s Slip License Agreement (SLA) has guidelines regarding berth and vessel sizes, existing tenants retain the flexibility to rent slips for both oversized and undersized boats, similar to their arrangements under the previous marina management company. This is permitted if their choices do not compromise safety, navigation, or the integrity of marina infrastructure. For new tenants, it is essential to emphasize that they will be required to comply with the current policy, including the maximum allowable slip length.
We found this puzzling at the time it was published and still do. Marina rules should be marina rules and applicable to all tenants.
We recently found out about another disparity. Did you know DPHP is charging slip holders who have secured a slip via the waitlist a monthly $10 meter service fee? This fee is in addition to the fee for electrical and water usage. This fee is not being charged to slip holders who moved from a same size old slip to a same size new slip. We also found out the monthly invoices are not reporting the electric kilowatt usage per slip nor the water billing usage. They are just showing a monthly amount. How does a boater double check they are being charged correctly?
Our research notes: In 1998, Senate Bill 1834 was approved July 20, 1998, and was an act to amend Section 12240 of the Business and Professions Code, and to amend Section 630 of the Harbors and Navigation Code, relating to marinas. Click here for a copy of SB 1834. The reason for introducing SB 1834 was because some local jurisdictions charged marina meter inspection fees greater than the apparent per location limit. Click here to read SB 1834 Analysis.
Section 630 of the Harbors and Navigation Code is amended to read: 630. The operator of every privately or publicly owned marina or small craft harbor, or facilities in connection therewith, furnishing electrical power to slips or berths for use aboard any vessel, may provide facilities for submetering to measure the electrical power actually used by or aboard each vessel and may base charges therefor upon that use including the actual cost of inspection, testing, and registration of submeters that may be charged by any authority having jurisdiction thereof.
Section 12240 of the Business and Professions Code outlines what can be charged for the actual cost of inspection, testing, and registration of submeters. The current code allows an annual $100 business location fee plus $2.00 per device for water submeters per space, and $3.00 per device for electric submeters per space. To summarize, at the most, a boater should be charged the proration amount of the $100 annual location fee ($100/divided by the number of slips) plus the device fee of up to $5.00. To read Section 12240, click https://codes.findlaw.com/ca/business-and-professions-code/bpc-sect-12240/
We also ascertained SDGE, the electrical provider for the marina, has Rule 19 which specifies the use charges. It states (click here for Rule 19):
Marinas and Small Craft Harbors:
a. The Utility will furnish electrical service to a privately or publicly owned marina or small craft harbor through a master meter. The master meter customer may submeter tenant usage aboard a vessel moored in an individual boat slip or berth at the marina or harbor but may not submeter any other tenant usage, e.g., stores, gas pumps on docks, or any land-based facility.
b. If the master meter customer submeters and furnishes electricity to individual boat slips or berths for tenant usage aboard a vessel, the rates and charges to the tenant must not exceed those charges that would apply under the applicable time-of-use rate schedule for non-residential vessels such as non-live-aboard recreation and/or fishing boats, and Schedules DR or DR-LI for authorized live-aboard vessels.
How does an individual slip holder confirm they are being charged correctly if DPHP doesn’t report the actual KW usage on the monthly invoice?
We encourage slip holders to ask the marina office to supply them with this information on a monthly basis.
It appears some slip holders are being overcharged by being assessed a monthly meter service fee.
We encourage slip holders who have paid this fee to demand a refund.
To quote the Dana Point Tidelands Trust: no discrimination in rates, tolls, or charges or in facilities for any use or service in connection therewith shall ever be made, authorized, or permitted by said county or its successors.
The DPBA Board and Advisors spend numerous hours researching issues you bring to our attention. We are happy to do so and enjoy learning why rules regarding public marinas were established. We hope you find our research valuable. If you do, we would certainly appreciate a donation to support the Class Action lawsuit appeal. To continue moving forward to what we hope is a favorable ruling we need funds to pay the ongoing fees like the cost of deposition transcripts. Over $4,000.00 for two depositions, alone. We can’t stress enough the importance of donating right now. We thank everyone who has donated to date and please know it is greatly appreciated. If you can afford to donate again or for the first time, we would be very grateful. Many blessings to all the Dana Point boaters and supporters!
#dpboaters
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