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The Dana Point Boaters Association (DPBA) was founded in 2007 during the run-up to the County’s planning for the ultimate replacement of the boaters’ docks and slips, the “revitalization”, that is only now getting underway.
DPBA was created for the purpose of providing boaters’ perspectives and input to the County and operators in the revitalization process and the management of the marina. The idea was that in matters affecting the boaters, the County and operators-managers would work with the DPBA to ensure certain boaters’ concerns were considered. Over the years, DPBA has always been a respected stakeholder in the harbor and a collaborative partner.
Since the present lessees-operators of the marina, the Dana Point Harbor Partners (DPHP), have taken over, there has been little if any acknowledgment given by DPHP to the boaters’ concerns or to accepting any input from DPBA. The exception was during the RFP process when the County was selecting the private party developer, and DPHP needed the support of DPBA and boaters. Thereafter, DPHP’s attitude changed. In Deposition, Mr. Uberrroth stated with respect to the slip rates, “The rates are the rates…it’s not a negotiation.” Therefore, the DPBA had to switch focus to advocate through the owner of the harbor, the County, as well as other governmental entities such as the CA Coastal Commission. Further, the DPBA has been providing support for Boaters who have taken the DPHP to the civil Courts with a pending Class Action proceeding regarding the slip increase.
At present, the DPBA has scheduled a meeting with County Supervisor Foley this month to discuss boaters’ concerns. DPBA has been forwarding boaters’ questions and concerns to Supervisor Foley’s office and has been promised answers from the Supervisor at this meeting.
In recent correspondence from the CA Coastal Commission regarding day-use boater parking, they stated: “South Coast District enforcement staff's caseload is extremely backed up at the moment. However, your complaint is in our queue, and we will look further into it as soon as possible.”
For those of you who might not know, the two boaters’ representatives on The Dana Point Advisory Committee created by Supervisor Foley are Bob Langan, Chair, and Dennis Park, Secretary. Bob Langan also serves as a Director on the DPBA board.
On the legal front regarding the status on the Appeal of the lower Court’s finding that Boaters are not beneficiaries of the lease of Marina
Attorneys in the Class Action Appeal have received Notice from the Court of Appeals that the Briefing is beginning, with Appellants’ Opening Brief due by December 6th. Partners' attorney will have 40 days to file a response, thereafter, Appellants will have 20 days to file a Reply Brief. The Oral Arguments will be scheduled thereafter.
Watch our newsletters in November with updates from our meeting with Supervisor Foley, and updates on the Appeal.
Thanks to all who have donated to the legal fund. It is greatly appreciated. We have upcoming fees to pay, so please consider donating. We wouldn’t be able to stay in the game without your generous contributions. We are fighting to keep Tidelands marinas affordable in CA so the citizens of our great state can enjoy boating with family and friends in the public waters off our coastland. This is a right and not a privilege we are trying to protect. Click here to make a donation now.
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