thethe cybacybacyba.info/pdf/cybanews1106.pdf · 2019. 7. 27. · 886 cannery row, monterey, ca...

Go on the Wine Tasting Bus! Wine lovers can board Carmel Valley Grapevine Express, Friday through Sunday, for only $4.50 for a daily pass. The bus runs between the Monterey Bay Aquarium and Carmel Valley Village. Wine aficionados can sample the wares at any of the 11 wineries and tasting rooms along the route and leave the driving to the bus driver.

The California Yacht Brokers Association Newsletter

THETHE

NEWSCYBACYBA

NEWSNovember 2006

Inside This Issue:Yachtcouncil AnnouncementNew Member s f r om CYBA jo in Yachtcouncil… Page 3

Annual Dinner Application Reservations for Monterey Events… Page 5

Successful Yacht Sales & The Law IXGreat speakers, topics and attendance… Page 9

News from CPYBMember Bulletin About New Programs… 1

CYBA Events CalendarMark your calendar for events important to your business… Page 20

(cont. on pg. 4)

CYBA To Have Exclusive Access To Monterey Bay Aquarium!

CYBA Annual Dinner In MontereyOn January 20, 2007

Join your CYBA fellow Members at the Monterey Bay Aquarium for this wonderful annual event!

MARK YOUR CALENDARS for January 20, 2007! Attend CYBA’s Annual Dinner featuring an evening of entertainment and a weekend of Monterey’s many attractions.

Join us for the CYBA Annual Dinner at the exciting Monterey Bay Aquarium. This year’s event was planned in response to the very successful Annual Dinner held at the aquarium several years ago. We had so much fun we’re going to do it again!

Right now the aquarium features a rare captive Great White Shark to join us for dinner! As an added bonus the CYBA will have exclusive

use of the aquarium, which will be closed to the public for the evening.

Monterey has lots of great attractions that will provide a fun weekend for everyone! Our annual golf tournament is always a hit or you can enjoy whale watching cruises, bicycling around town, shopping in Old Town, sightsee on Cannery Row or tour Carmel’s famous 17 Mile Drive.

California Yacht Brokers Association • November 2006

President:Michael B. Wiest, CPYB

O: 510-523-2628E: [email protected]

F: 510-523-2528 • C: 510-917-7749

1st Vice President:Tim Broderick, CPYB


F: 805-682-3819 • C: 805-252-1120

2nd Vice President:Marc Bay, CPYB


F: 209-469-0646 • C: 209-298-3747

Past President:Morrie Kirk, CPYBO: 949-675-3844

E: [email protected]: 949-675-3980 • C: 714-612-1137

Secretary:Nick Friedman, CPYB


F: 310-547-4258 • C: 310-748-5409

Treasurer:Dick Angel, CPYBO: 510-535-6160


Director:Jim Johnson


F: 949-673-1037 • C: 619-784-9002

Director:Guy Newmark, CPYB


F: 310-835-7206 • C: 310-650-4437

Director:Ron Whitelaw, CPYB


F: 562-493-4333 • C: 562-889-6075

Executive Director:Don Abbott


F: 775-353-5111 • C: 775-745-6565

Senior Legal Advisor:Tom Russell


F: 949-854-6001 • C: 949-244-6230

Legal Advisor:David Weil, CPYBO: 562-432-8618


BOARD of DIRECTORS 2006

As the year 2006 draws to a close, I would first like to thank all of the dedicated Board Members for their hard work during this last year. Several Members not only donated hours and hours of their time, but often paid for travel and items needed to do their jobs out of pocket. Again, thank you very much!!!

I feel we had a successful year. We have expanded our name recognition and recruited several new Members, thanks to the Membership Committee. Our CYBA forms are now easily available online due to the cooperation of Yachtcouncil.org . We have enjoyed workshops to help California Brokers become more familiar with and begin using Yachtcouncil.org.

We have obtained a new legal advocate in Sacramento who is informative and helpful. Our Law Seminar was well attended and very interesting.

We welcomed Bob Gorman as our new Executive Director and appreciate the time and talents Don Abbot has shared with us during his years of service.

I would especially like to thank Tim Broderick at this time for his constant effort in producing a timely and interesting newsletter each month.

I look forward to welcoming the new

CYBA Board at our Annual Dinner in Monterey during January. Thank you to everyone!

As I close the year, I would like to encourage everyone to continue with the goals we have been working on during this past year. Increased Membership benefits all of the Brokers in California. We have a louder voice in Sacramento and the uniformity of forms and practices will benefit not only Brokers but also our clients. I would encourage all California Brokers to embrace Yachtcouncil.org and .com. It is designed to benefit our business and protect our interests in that business.

Finally, come to the Annual Dinner. It is an excellent opportunity to meet with fellow Brokers, Salespeople and the others in the industry who support our business. We will be welcoming the new CYBA President and Board. We are well sponsored and the event is always enjoyable and fun for a nominal cost. The venue is especially exciting this year; the Monterey Bay Aquarium is an amazing place and well worth the trip. I look forward to seeing you and your friends there.

I appreciate the opportunity to serve this past year and wish you all Happy Holidays and a Prosperous New Year.

As always, you can call me at 510-917-7749 or send me an e-mail at [email protected] to discuss anything or just to say hello.

Michael Wiest, CPYB CYBA President

California Yacht Brokers Association • November 2006 PAGE 3

First Last Company Name

Tiem Tran Fraser Yachts Worldwide - San Diego

CE Williams Crow’s Nest Yacht Sales - SD

Tyler Naselli Crow’s Nest Yacht Sales - SD

Dave McGowan Ballena Bay Yacht Brokers

Peter Schaefer Chuck Hovey Yachts, Inc.

Sal C H&S Yacht Sales

Greg Wanamaker AlsYachts

Orange Coast Yachts San Francisco Bay Orange Coast Yachts - Alameda

Stephen Stuckey Orange Coast Yachts - Alameda

Bob Leslie Bob Leslie Yacht Brokers

Uta Leslie Bob Leslie Yacht Brokers

Jim Foyer Jim Foyer, Yacht Broker

Mark Gibbons MarineMax-Newport Beach

Ryan Goering MarineMax-Newport Beach

Vicki Becker Blue Pacific Yacht & Ship

Cabrillo Yacht Sales Cabrillo Yacht Sales

Dan Peter Cabrillo Yacht Sales

Jennifer Kornegay Cabrillo Yacht Sales

Discovery Bay Yacht Sales Discovery Bay Yacht Sales

Patrick Adams Seaportal Ltd

Captain Michael O’Connor Mariner’s Yacht & Ship Brokerage, Inc.

Jeannine Dahl-Fogel Yachtfinders/Windseakers, Inc.

Yachtfinders/ Windseakers Yachtfinders/Windseakers, Inc.

Marc Bay Bay Yachts - San Diego

Tim Horgan Simon Yachts International

David Jacobs Bay Yachts-Stockton

Greg Spears Bay Yachts-Stockton

Howard Clausen Bay Yachts-Stockton

Keith Felt Bay Yachts-Stockton

Robert Schneider Bay Yachts-Stockton

Elenora Resare Bay Yachts-Oakland

Fabian Harp Bay Yachts-Oakland

Grover Dye Bay Yachts-Oakland

John Kahmes Bay Yachts-Oakland

Joe Matney Bay Yachts - Sacramento

Al Linhares Bay Yachts - Half Moon Bay

Carleton Levitetz C.S. Levitetz Yacht Sales

Ashley Mohan California Coast Yachts

Nick Friedman San Pedro Yachts

Nikki Delgato Stan Miller Yachts

As part of a worldwide effort to expand awareness and benefit of the Yachtcouncil system, the California Yacht Brokers Association is proud to welcome the following CYBA members to Yachtcouncil. During the month of October, 254 professionals joined Yachtcouncil. CYBA is proud to be a significant part of this growth.

Welcome CYBA Members


Exclusive Access… (cont. from pg. 1)

Enjoy a Special Weekend Getaway in Monterey!

See Monterey Bay Aquarium’s rare Great White Shark. Enjoy a fantastic meal at the Aquarium’s dining room.

Join in CYBA’s Annual Golf Tournament at a world class course.

Explore the beautiful Pebble Beach 17 Mile Drive.

Watch sea life with exclusive CYBA access to exhibits. Visit Steinbeck’s famous and interesting Cannery Row.

Visit some very informative websites to learn more about the Monterey Bay Aquarium at www.mbayaq.org, information about Monterey and Carmel at www.monterey-carmel.com, and Monterey attractions and hotels at www.monterey.com.

Please use the reservation form in this newsletter and join us for a special CYBA Annual Dinner! When: Saturday, January 20, 2007 Where: Monterey Bay Aquarium, Monterey, CA Cost: CYBA Members $50 per person


ANNUAL DINNERSaturday, JANUARY 20, 2007

You are cordially invited to attend the California Yacht Brokers Association’s 2007 Annual Dinner Meeting for

Members, Guests and Prospective Members at theMonterey Bay Aquarium

886 Cannery Row, Monterey, CA 93940(831) 648-4800

www.montereybayaquarium.org

Send Dinner Reservations to:CYBA Dinner

c/o Recreation Publications • 4090 S. McCarran Blvd., Ste. EReno, NV 89502

Ph. 800-875-2922 • Fax: 775-353-5111Visit the many historic points of interest that are minutes awayFish & whale watching, bicycles,

in-line skates, 17 championship golf courses, Laguna Seca Raceway,

world renowned shops of Carmel-by-the-Sea, Big Sur,

17-Mile Drive, Cannery Row, Fisherman’s Wharf and Old Town

Monterey to name a few.

A Few Suggested Hotels:

2007 CYBA ANNUAL DINNER RESERVATIONPlease reserve _____places @ $50.00 per personCompany __________________________________Contact ___________________________________Telephone _________________________________Reservation Names (please print or type)_________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________❏ Mastercard ❏ Visa ❏ Check or Money OrderCard # ____________________________________Signature __________________________________

Carmel Coachman’s Inn 1-800-336-6421 Approx.PriceofRooms: $119.00

Monterey Peninsula Inns 1-800-575-1805 Approx.PriceofRooms: $79.00-$109.00

Portola Plaza Hotel 1-866-711-1204 Approx.PriceofRooms: $200.00

Comfort Hotels 1-888-970-7666 Approx.PriceofRooms: $49.00

Monterey Fireside Lodge 1-800-722-2624 Approx.PriceofRooms: $100.00

Colton Inn 1-800-848-7007 Approx.PriceofRooms: CallForPrices

Sand Dollar Inn 1-800-982-1986 Approx.PriceofRooms: $99.00

We will have exclusive access to the entire Aquarium, which will

be closed to the public during our dinner/dance.

Monterey Bay Aquarium has been chosen to host the CYBA Annual Dinner/

Dance. The Monterey Bay Aquarium is a non-profit, self-supporting institution. Its purpose is to increase

understanding and awareness of Monterey

Bay and the marine environment through sea life

exhibits, public education and scientific research.

Have Dinner With A Great White


Members of the California Yacht Brokers Association enjoy many benefits and privileges that make conducting business in an ever complex and evolving business environment, easier, friendlier, and more productive than ever before. Some, but certainly not all, of the benefits are highlighted below.

Standard Contracts and FormsThe CYBA provides, at a very nominal added cost, Members with the most comprehensive set of contracts being used in the yacht Brokerage industry today. They are a culmination of many years of research and improvements, authored by our Legal Counsel, Mr. Thomas A. Russell, ESQ. Use of these contracts are a Broker’s best defense in avoiding unnecessary litigation.

Arbitration & Grievance CommitteeThe CYBA offers the finest Arbitration & Grievance process/service in the industry and serves as the model that other organizations have patterned their arbitration process after. In a nutshell, we assist in keeping you out of court if a problem occurs.

Code of Ethics The CYBA Code of Ethics is another cornerstone of the yacht Brokerage community, worldwide. It is the Code of Ethics that all other organizations have studied and used as their guide to formulating their own Code of Ethics. We are very proud of our Code of Ethics and require that all Members abide by them.

EducationWe host an Annual Legal Seminar that features educational guest speakers and our Members get updated on the latest legal trends in the industry. We are currently looking into the possibility of developing continuing educational materials.

Close Working Relationship with the Department of Boating & WaterwaysThe DBW feels that a close working relationship with the CYBA is so important that they have a representative attend our monthly Board Meetings. This is the most effective way for us to communicate with each other on critical issues that occur on a daily basis. Never before has this communication and working relationship been better.

LegislationThis is one area that even Non-Members have benefited, perhaps without knowledge. The CYBA monitors all legislation that may have an impact on our profession and oftentimes, we sponsor legislation. The most recent examples of legislation that we sponsored are: (1) The passage of AB 2268, which now requires the Unemployment Insurance Code to recognize yacht salespersons as “independent contractors”. (2) The passage of AB 2119, which recognizes electronic signatures as having the same validity as an original signature. After a long and exhaustive battle, the DBW also has agreed to recognize faxed signatures as having the same validity as original signatures. These two examples are monumental strides that the CYBA accomplished for our industry in 1998 and 2000 respectively.

CYBA NewsletterOur monthly newsletter keeps us all well informed and connected to each other and welcomes input and contributions from all Members.

CYBA WebsiteThe CYBA has a website that features our Code of Ethics, explains the Arbitration & Grievance process, and all Members are listed in the Member Directory for the public to access easily.

CYBA Name RecognitionMembers are proud of their Membership and we encourage that they display the CYBA logo in their ads. The boating public, in turn, is rapidly becoming aware of the CYBA and are becoming educated in the benefits of doing business with a CYBA Member Broker. This recognition is spreading worldwide due to the Internet.

Working with Our Peer OrganizationsWe work closely with the Florida Yacht Brokers Association. (FYBA), the Northwest Yacht Brokers Association, (NYBA), and the Yacht Brokers Association of America (YBAA). These are our highly respected peer organizations and nurturing a harmonious and symbiotic relationship with them allows our Members to cooperate listings with them with greater ease. We all feel comfortable doing business with someone we have something in common with.

Working with Fellow CYBA MembersThis becomes easier because we get to know each other, have our Membership in common, and use the CYBA standard contracts. Cooperative arrangements are made easier and go smoothly.

Social ActivitiesThe Annual Installation Dinner/Dance is a prime example of how our Members meet and get to know each other in a pleasant social environment. This single event does more to develop close working relationships between Members than perhaps any other single event.

Boat ShowsThe CYBA is currently negotiating with a major boat show promoter to consider the possibility of co-sponsoring a major boat show. This will further enhance the public image of the CYBA.

Membership ApplicationGo to: www.cyba.info and click on

Membership Applicationto download and printyour CYBA application.

CALIFORNIA YACHT BROKERS ASSOCIATIONMEMBERSHIP BENEFITS


Law Seminar A Tremendous SuccessThe CYBA’s Annual Yacht Sales & The Law Seminar was presented to a standing room only audience at the Bahia Corinthian Yacht Club in Corona Del Mar on November 9, 2006. A receptive gathering of Brokers, Salespeople and industry affiliates enjoyed a host of interesting maritime industry professionals speaking to a variety of important topics.

Introductions by CYBA President Michael Wiest were followed by DBW Director Ray Tsuneyoshi speaking to California’s current issues about mandatory boater education, water quality in the state’s waterways and boating access in various parts of California.

Michael T. Moore of Moore & Company Maritime Law came from Florida to discuss the Legal Power Curves Affecting America’s Two Most Important Yachting Jurisdictions. His talk covered a broad overview of boating trends and related legal issues.

Frederick Robinson of Carney Badley Spellman, a law firm in Seattle, provided an attentive audience with details about the gain in West Coast popularity of Offshore Registration. Mr. Robinson was followed by DBW Investigators Gina Ebling and Silvia Holmquist who gave an interesting Power Point Presentation on the Hot Topics in Yacht Broker Licensing and Inspections.

Mary Bacon of the Mary Conlin Company next provided seminar participants with very useful information about what brokers need to know about US vessel documentation and vessel registration procedures. A delicious lunch was served by the Bahia Corinthian Yacht Club.

During lunch the Seminar’s keynote speaker, Mr. Phil Keeter, President of the Marine Retailers Association of America, provided an interesting report about the MRAA’s involvement in the marine industry and the exciting directions we can expect the industry to take in the near future.

Next, the CYBA’s Legal Advocate, Mr. William Krauss of the The Apex Group from Sacramento brought us up to date on boating topics and recent legislation that affects the yacht brokerage business in California. Following Mr. Krauss the audience learned about developments that minimize litigation risk in yacht transactions from CYBA Legal Advisor David Weil of Weil & Associates.

Frederick Robinson returned to the podium to provide seminar attendees with an update on yacht taxation and his experiences in the Pacific Northwest. The

(cont. on pg. 10)


Law Seminar… (cont. from pg. 9)

FirsT AmeriCAN Vessel TiTleA Division of

first American Transportation Title insurance CompanynYsE:fAf

Protection for your marine transactionsthrough Vessel Title insurance

510 Bienville StreetNew Orleans, Louisiana 70130800.247.4035 Fax: 800.648.5021www.firstam.com/transportation

A C o m PA N Y i N m o T i o N

is looking to expand it’s

presence in the Southern California market and currently has a position available as an

Area Sales Manager.

We are only looking for motivated sales oriented individuals. If you are interested in joining our team, please fax your resume to

800-637-6731 to the attention of Fred Roman.

closing presentation about the use of Yachtcouncil’s automated CYBA contracts was demonstrated by International Yacht Council’s Membership Training Representative David Greer.

CYBA’s Senior Legal Advisor, Tom Russell, is to be congratulated for producing yet another outstanding day of education and networking for the yacht brokerage industry. The CYBA wishes to thank all of the speakers and attendees for supporting this most worthwhile event.

Michael Moore presents yacht brokerage industry trends.

Keynote Speaker Phil Keeter speaks during a great lunch.A receptive audience enjoys a variety of interesting speakers.

William Krauss addresses lobbying efforts in Sacramento.


Congratulations to all CPYB brokers. You are now part of a select group of over 300 yacht brokers nationwide who have earned the prestigious Certified Professional Yacht Broker (CPYB) designation. Your commitment to the program is awesome.

That kind of growth is indicative of the importance of the CPYB credential. You have clearly decided that it has value and are moving to make it a standard of excellence in the field. I thank you for embracing the CPYB program and encouraging your colleagues to do the same. Let’s keep the momentum going during the next year.

I look forward to any assistance I can give you and again – hurray for you all – Over 300 CPYB brokers nationwide is a major accomplishment.

If you have any questions regarding this program, please contact me, Mary Lynn Holland, at 410-263-1014 or email [email protected].

GrEAT NEWS fOr CPYB MEMBErS AND THEIr BrOkErAGESAt the recent Certification Advisory Council meeting a new program and extremely valuable initiative was approved and adopted. The new “CPYB Endorsed Brokerage” program will be rolled out in early 2007. The new program offers great benefits to both the CPYB brokers and the firms that they represent by allowing the firm to use the “CPYB” logo in all their advertising. This will greatly raise the public’s awareness of the CPYB program and will ensure that the public is receiving the same level of professionalism and courtesy from the endorsed firm as they are from the CPYB broker.

The program will allow firms with at least one CPYB broker to apply for membership in the CPYB Endorsed Brokerage program. There is no fee, but brokerage firms must agree to follow the program’s membership criteria. Your support for and your participation in this new initiative will not only set you apart as a premier brokerage firm, but it will also support and promote the ongoing success of the CPYB program.

More details to follow as the program details are finalized.

PurCHASE A PErSONAL BIO – GAIN GrEAT ExPOSurECPYB now offers a new way for Certified Brokers to

CPYB Program Experiences a 100% Increase Over the Last 18 Months

Attention all interestedYacht Brokers and Salespersons:

CERTIFIED PROFESSIONALYACHT BROKER (CPYB)

~ STUDY SESSION AND TESTING ~

Contact Lon Bubeck, Morrie kirk,or Dean West for nextstudy session & exam.

The CYBA is conducting a study session, immediately followed by the examination, for all those interested in becoming Certified Professional Yacht Brokers. This will be our first available session,

in response to the great interest in this worthy program.

If you have a desire to take your business and personal accomplishment up to the next level, you owe it to yourself and

your clients to earn the CPYB designation. Join a growing number of the best and brightest brokers nationwide in increasing your

knowledge, professionalism, and ethical standards as they relate to your chosen profession.

For complete information, including study materials, applications, and required qualifications, please visit the National Yacht Broker Certification website at www.cpyb.net. There you will find all the

forms you need in a downloadable format.

If you have any questions, please contact one of the CYBA’s Members on the Certification

Advisory Council:

Lon Bubeck, CPYBFlying Cloud Yachts, Long Beach

[email protected]

Morris Kirk, CPYBOrange Coast Yachts, Newport Beach

[email protected]

Dean West, CPYBMerrill-Stevens Yachts, San Diego

[email protected]

You may also respond to [email protected] or contact any CYBA Board Member. The National Yacht Broker Certification office needs time to process your application and to perform your

background check.

Brokers wishing to attend the study session, but who are not testing, are welcome. However you must reserve a space! Seating

is limited!

NOTE: This session is for CYBA Members only. If you are not yet a Member, and would like to join, contact the CYBA office

immediately @ 800-875-2922.

(cont. on pg. 12)


CPYB Program… (cont. from pg. 11)

gain great exposure. A personal BIO page can be added to your listing in the “Find a Certified Broker” section of the CPYB website. It’s easy, just send me a few paragraphs describing your history with the yacht industry and a current photo.

For details, call me at the CPYB office: 410-263-1014 or email [email protected].

Recently there has been a lot of activity in the yacht brokerage industry relating to the law. Perhaps not a topic of priority interest, the legal aspects surrounding our businesses keep us directed on a pretty efficient course.

My office was recently graced with a DBW audit from the Department’s Investigators Gina Ebling and Silvia Holmquist. I have to say that I was pleasantly surprised by the ease and educational approach provided by these two knowledgeable agents. Luckily, my books were in pretty good order and the few gigs that I did receive were treated with courteous guidance. Thanks Gina and Silvia for the informative visit!

An eager contingency of Brokers and DBW staff have been hard at work to revise the Yacht Brokers and Salesperson’s Licensing Exams. Long overdue for revision and genuinely supported by the CYBA, the exams are being updated and checked for relevance in today’s brokerage environment. The end result will raise the bar of knowledge required to be licensed in California and that is a very good thing for all of us.

In the license exam revision process, many copies of the Yacht and Ship Brokers Act became extremely thumb worn and dog eared. The research process, however, provided the project volunteers with a keen insight to the laws surrounding yacht brokerage practice and transactions. I’ve been advised by DBW’s Silvia Holmquist that she has a supply of law books that you can obtain for free by contacting Silvia at [email protected] or 916-263-8182. You can also retrieve this legal information at www.dbw.ca.gov/boatlaw.asp.

For those who attended the recent Yacht Sales & The Law Seminar or for those following up in this newsletter, the

EditorialHeadline: Keeping Up with the Law

Annual Law Seminar was an outstanding success. It was a well structured program the provided a lot of useful information about the law and conditions supported by the law, as well as anticipated legal and market conditions. Our hats are off to Tom Russell, Senior CYBA Legal Advisor and his handpicked cast of industry professionals who provided us with a very valuable and informative event. Make sure to attend next year’s Law Seminar.

Not the law, but a foundation for the law is ethics. The CYBA Ethics Committee has been hard at work this year updating the CYBA Code of Ethics. Look for further updates regarding this topic and please feel free to contact Dean West, Ethics Committee Chairman, at [email protected] regarding the CYBA Code of Ethics, which can be reviewed at www.CYBA.info.

As we draw to a close of another year we hope that it has been a prosperous and enjoyable one for you. The CYBA Board of Directors wishes you a very Happy Holiday Season!

Tim Broderick, CPYB Editor, CYBA News

Your CYBA Forms Committee is preparing the latest revisions to the form contracts, which are planned for release in time for the CYBA Forms Seminar in the Spring of 2007. The participation of the CYBA Membership is critical to each new release of the forms, and the Committee has once again asked the Membership for its suggestions and comments.

Many CYBA Members have already weighed in on this project. The suggestions received thus far have ranged from minor clerical “fixes”, such as expanding the size of an input field, to the creation of an entirely new form, such as a title insurance disclosure form. Substantive changes to existing forms have already been made, for example, the cutoff dates in the contingency section will be changed to allow for a number of days after seller acceptance, rather than a fixed date.

The Committee does caution that not every suggestion will be incorporated into the new forms. These are legal documents, designed by and for a large and varied group of users. However, every suggestion will be considered and debated by the Committee and the Board of Directors before it is accepted or rejected. This is your chance to be heard on a critical part of your business!

Forward your suggestions, questions, or comments, to any of the Committee members at their email addresses, listed below.

David Weil: [email protected] Wiest: [email protected] Bay: [email protected] Friedman: [email protected] Russell: [email protected]

report from the forms Committee


The DBW would like to take this opportunity to thank the CYBA for asking us to be presenters at the 2006 Legal Seminar in Newport Beach. The Enforcement Staff presented information regarding the investigative and inspection process and was available to answer Broker’s questions concerning jurisdiction and applications of law.

One of the issues requiring clarification concerned Section 7602 of the California Code of Regulations which specifically relates to Advertising. The Department took the position that Section 7602 would require not only the name of the business on all advertisements but also the name of the Broker of Record.

Brokers at the Legal Seminar disagreed with the Department’s interpretation of this section. We have since requested that our Department Legal Counsel offer further clarification. It has been determined that section 7602(a) requires that an advertisement

report from DBWDBW Clarification of California Code of Regulations Section 7602 - Advertising

disclose the name of the business as shown on the required license. Section 7602(b) permits a Broker who uses their name in advertisements to also identify themselves as a “Licensed Yacht Broker,” etc.

Therefore, the name of the Broker may not be used instead of the name of the business as shown on the license. A Brokers name ‘can’ also be used in the advertisement and may also be followed by … ”Licensed Yacht Broker”, “Yacht Broker”, “Ship Broker”, “Boat Broker” or “Brokerage” to indicate that the Broker is a Licensed Yacht Broker.

We hope this clarifies any miscommunication and we invite Brokers to contact us with any further concerns or questions at: [email protected].

Submitted by Gina Ebling, DBW Enforcement, Yacht and Ship Broker Licensing

Learn More About The Benefits Of CYBA MembershipSee Page 6 For More Information or call 1-800-875-2922

The following excerpts were drawn from the recently produced 2006 Legislative Report written by the CYBA’s legislative advocate consultants The Apex Group:

AB 1809 (Commit tee on Budget)—Vessel Sales and use Tax

This bill was the vehicle by which the Legislature extended the sales tax requirements on vessel purchases. Historically, a vessel could be purchased outside of California and if it did not enter the State for 90 days, it would be exempt from sales tax.

In 2003, Assembly Member Levine attempted to pass legislation (AB 694) that would have extended the waiting period to one year. We opposed that bill and it failed in the Senate. The Republicans have a “no-new-taxes” policy and this was seen simply as a tax increase, therefore, they were opposed. Given that a tax bill requires a 2/3 vote, it requires some Republican support and keeping them off prevented the bill from passing.

In a very smart move, the majority moved the debate on this issue into the budget debate. They painted the Republicans as supporting “rich” boaters but opposed to teachers, children, public safety, etc. Under the pressure, the Republicans were forced to vote for the provision as part of a much larger budget implementation bill, which included other provisions they supported to implement the state budget. In short, the majority was successful with tying this issue up with larger issues in order to get it passed.

As part of the original deal, it was agreed to “sunset” the bill on July 1 of this year. Realizing that the law would be repealed this year, the same tactic was used again. It was interjected into the budget debate and, again, it was extended for one more year. Our position was not helped by a report from the Legislative Analyst Office – A non-partisan advisory agency to the Legislature – that this tax generates a net benefit to the state of $45 million annually.

Our goal now is to put together information from the industry to determine if the L.A.O.’s information is correct or if there is a loss of sales of both vessels and indirect loss of sales from related industries, which could result in a net loss to the state. Such information will be critical to prevent the continued extension of this law.

AB 2239 (Emmerson) – Vehicle Sales and use Taxes

This bill does not directly affect the boating community, but it does amend the section of law that provides for the one-year waiting period detailed above in connection with AB 1809. This bill amended the law to help with the unique situation of individuals that move to California within one-year of purchasing a vehicle. The author was attempting to prevent such individuals from paying the sales tax twice.

The reason we watched this bill closely was that it amends the section relating to our vessel sales tax waiting period issue that sunsets next year. Because it has this “fix” for vehicle owners, it may make it more difficult for us to return the waiting period to 90 days from the current one year.

State Board of Equalization Possessory Interest Tax

Last year the State Board of Equalization began consideration of a rulemaking that would allow county assessors to assess the possessory interest tax on the tenants in ports and harbors differently than others that must pay this tax.

The current rule is that the “possessory interest” tax is paid based on the lease term and, consequently, as the lease term is reduced so is the tax. The objective of the proposal is to get away from the strict terms of leases and claim that even though the lease, for example, may have just a few years left, it is “clear” by a “preponderance of the evidence” that they will be there for many more years and, therefore, should be subject to higher taxes.

If this proposal had become a regulation, it would have been the first time that possessory interest taxes would have treated one group different from another and it could easily have been extended to, for instance, all holders of state lands leases or any other group for that matter.

The good news is that earlier this year the issue was put on hold and “should” not return. There was very little support among the members of the Board of Equalization. Our efforts on this were to initiate a letter writing campaign during the formal comment period when the BOE was soliciting input to help them decide whether or not to initiate a formal process.

Issues for Next Year?

In an effort to help the membership be proactive with regard to issues we may face in the future, I am including a short summary of issues we know may soon be active.

PAGE 14 California Yacht Brokers Association • November 2006

report from Sacramento

Bill Krauss

(cont. on pg. 16)


(cont. on pg. 17)

CYBA Board of Directors Meeting November 8, 2006

Boater Licensing / Education

The National Transportation Safety Board (NTSB) is engaged in a national effort to promote the licensing/certification/education of boaters and California is on their list. DBAW has met with NTSB representatives and DBAW has held public forums to discuss the issue.

DBAW will not be sponsoring legislation, but will simply facilitate the discussion of the issue. There is a possibility that the Recreational Boaters of California may sponsor a bill. Should they go it that direction, we will seek your input on how to proceed.

Abandoned Vessel Program

For several years now the DBAW has had a program that provides $500,000 each year to clean up abandoned vessels. However, the program does not seem to be completely solving the problem.

To find solutions, the DBAW will be convening a meeting of the Abandoned Vessel Advisory Committee to discuss options. One option that has been discussed is the idea of a pilot program that will allow those individuals that would otherwise abandon their vessel to turn them in. This would save some of the cost of removing a vessel, which are often submerged. This meeting will be in November and could lead to a program next year.

final Thoughts

Given all these issues and possible future issues, I want to remind the Membership that the best way to solve these problems is to have an active Membership. If every Member had their Legislator visit their business or took the time to get to know their local government representatives, any time a problem arises we would be in a better position to ask for help. Additionally, you may not know that every Legislator has staff members who are assigned to work on district problems and are available to his or her constituency. These staffers are paid with your tax dollars. These individuals can be a valuable resource as well as an advocate for your interests with the legislators for whom they work. Getting to know them can prove invaluable when a problem arises.The CYBA Legislative Advocate is available to all CYBA Members and can be reached at:

Bill Krauss, CYBA Legislative AdvocateThe Apex Group980 Ninth Street, Suite 1580Sacramento, CA 95814Phone: 916-444-3116Fax: 916-444-7841 Email: [email protected].

VENUE: Bahia Corinthian Yacht Club CALL TO ORDER: Michael Wiest called the Meeting to

order at 6:25 P.M. ATTENDING: Michael Wiest, Morrie Kirk, Dick Angel, Marc

Bay, Nick Friedman, Jim Johnson, Tim Broderick, Guy Newmark, Don Abbott

GUESTS: Whit Kirkland (FYBA), Steve Meyers (IYC), Bob

Gorman, Gina Ebling, Sylvia Holmquist, Dean West, Jeff Long, Lon Bubeck, Jack Buckley, Patty Brown

MINUTES: Minutes were approved. Motion by Tim Broderick w/ 2nd by Dick Angel.

FINANCIAL: Financial Report was approved. Motion by Nick Friedman w/2nd by Guy Newmark.

On November 9, 2006, Bob Gorman will replace Don

Abbott as a signer on the account. A recommendation was made that the incoming President and Treasurer also be signers. It was further recommended that it

report from Sacramento… (cont. from pg. 15)

I attended a meeting of the Maritime Legislative Committee in Sacramento on November 15, 2006.

Items that were discussed include the State Budget, which brought up the question of the 27 million dollar appropriation from the Department of Boating and Waterways for Parks and Recreation. The Governor tried to get 15 million dollars back, however, this was not achieved.

There is a move to raise the registration fees on CF registered boats from $10.00 per year to $20.00 per year to offset some of the 27 million dollar appropriation.

An abandoned vessel program is in effect. Also, Ventura and Santa Barbara have a slip waiting list problem, which the Grand Jury is investigating with respect to common practice elsewhere.

The majority of the meeting was dedicated to the Boater Safety Education proposed legislation. Expect more to be published on this very controversial issue.

Submitted by Dick Angel, CPYB Legislative Committee Chairman

Legislative Committee report


CYBA Board Meeting… (cont. from pg. 16)

(cont. on pg. 19)

ExPErIENCED YACHT SALESPErSONS

WANTEDHarbor Island, San Diego office.

Be part of a four-officebrokerage team.

Call Broker at 949-248-7400

take two signatures to negotiate a check. An audit needs to take place in January and Dick Angel and Bob Gorman will coordinate it.

CORRESPONDENCE: None

LEGAL: No report

ARBITRATION: No report

LEGISLATION:1) Our Lobbyist reports that $27,000,000.00 was taken

from DBW funds and diverted to other uses.2) Dick Angel will be at our lobbyist at annual Marine

Committee meeting Nov 15th, 10:00 AM.

SOCIAL/PUBLICITY:1) Duncan McIntosh has offered to sponsor our Annual

Dinner.2) There is a second great white shark at the Monterey

Bay Aquarium.3) We need to purchase a liability insurance policy for

the Monterey Bay Aquarium. The policy needs to be a Directors Liability Policy with the aquarium as an additional insured. Cost is expedited to be $2,800. Bob Gorman and Don Abbot will investigate and the issue is tabled until the December Board Meeting.

MEMBERSHIP:1) It was agreed to hear a presentation from Kaiser

Permanente on health insurance. 2) New Members: David Jacobs – Bay Yachts, Rob

Van Pippenger – Bay Yachts, Gerald Reeck – Bayport Yachts, Grover Wye – Bay Yachts, Patrick Adams – Sea Portal, Sandra Ewing – Key Bank were approved for Membership. Motion by Nick Friedman w/2nd by Guy Newmark.

3) Nancy Adair has applied for Membership and is referred to the Membership Committee.

FORMS:1) Forms are up and ready for use on the IYC website.2) A “deal tracking” form is a recommended addition.

Morrie Kirk and Nick Friedman both will send their versions to Dave Weil.

3) Revised forms are still several months from being ready.

4) Nick Friedman is joining the Forms Committee.

ETHICS: No report

INTERNET AND MEDIA COMMITTEE:1) CYBA website is updated and now has boat show

information.

NEWSLETTER: 1) Need an article about the Monterey Annual

(cont. on pg. 20)

NEW CYBA MEMBERSHIPProposed New Members

Active MemberMichael O’Connor

Mariner’s Yacht & Ship Brokerage, Dana PointSponsored by:

Tim Horgan and Ed Fitzgerald

Associate MembersBill McDannel

Vaught’s Yacht Sales, Long BeachSponsored by:

Richard Vaught and Geoffrey W. Magnall

Approved New Members

Master MemberRob Van PippengerBay Yachts, San Diego

Sponsored by:Marc Bay and Michael Wiest

Patrick AdamsSeaportal LTD.Sponsored by:

Neal Esterly and Wayne Rodgers

Associate MembersGrover Dye

Bay Yachts, OaklandSponsored by: Marc Bay & Michael Wiest

David JacobsBay Yachts, Stockton

Sponsored by:Marc Bay and Michael Wiest

Tim LivingstonOn Course Yachts, Sonoma

Sponsored by:Tim Broderick and Nick Friedman

Jerry W. ReeckBayport Yachts, Newport Beach

Sponsored by:J.R. Means and Jerry Wheeler


Your Name ____________________________________________________________________________

Name of Business ___________________________________ Position ___________________________

Business Address ______________________________________________________________________

City _____________________________________________State _____________Zip ______________

Phone ______________________________________Fax _____________________________________

E-mail _______________________________________________________________________________

Class of Membership Desired:

Active Master Member (Owner) Active (Broker) Associate (Salesperson) Affiliate Member

Date first licensed by State of California as:

Salesperson _________ Broker ________________ Current License No __________________

Briefly state your reason for desiring membership in CYBA ______________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Recent marine employment history, including positions held: _____________________________________

_____________________________________________________________________________________

Business references (2) including telephone numbers: _________________________________________

_____________________________________________________________________________________

_____________________________________________________________________________________

Sponsored by two Active Members:

Signature: _____________________________________________ License No. ____________________

(please Print Name) ____________________________________________________________________

Signature: _____________________________________________ License No. ___________________

(please Print Name) ____________________________________________________________________

MEMBERSHIP APPLICATION

Check for $________________ enclosed. Please make check payable to CYBA and return to:Bob Gorman • 1555 Doolittle Dr., Suite 170 • San Leandro, CA 94577Phone (800) 875-2922 Fax (510) 614-1002

Schedule of Fees

Rev. 9/06

If elected to membership in the California Yacht Brokers Association, I agree to abide by and conform to the Constitution, By-Laws and Policies of the Association, a copy of which I have read.

Date: ___________________ Applicant’s Signature __________________________________________

TOTAL $445 150 75 225

Yearly Dues $245 100 50 125

Initiation Fee $200 50 25 100

=Membership ClassActive Master Membership (Owner)Active Membership (Broker)Associate Membership (Sales)Affiliate Membership (Other)

+

California Yacht Brokers Association • 1555 Doolittle Dr., Suite 170 • San Leandro, CA 94577

CALIFORNIA YACHTBROKERS ASSOCIATIONPMB #134909 Marina Village ParkwayAlameda, CA 94501-1048(800) 875-2922

www.cyba.info

Calendar2006December 6 CYBA Board Meeting – 1:00PM Oakland Yacht Club, Oakland

2007January 3 CYBA Board Meeting – 1:00PM Long Beach Yacht Club, Long Beach

January 4 – 7 San Diego Boat Show San Diego Convention Center, San Diego

January 5 – 14 Northern California Boat Show Alameda County Fairgrounds, Pleasanton

January 20 CYBA Annual Dinner Monterey Bay Aquarium, Monterey

February 3 – 11 51st Annual Los Angeles Boat Show Los Angeles Convention Center, Los Angeles

February 7 CYBA Board Meeting – 1:00PM Long Beach Yacht Club, Long Beach

First-Class MailU.S. Postage

PAIDReno, NV

Permit No. 270

Dinner.2) Jim Johnson will take over as Editor of the

newsletter in January.

CPYB:1) No test/class is currently scheduled.2) Sea Magazine will be a “sponsor in kind” and run

ads on a space available basis.

LAW SEMINAR: Ready to go.

BOAT SHOW:1) Planning for a stand alone Northern California

show for next year.

NEW BUSINESS: Tim Broderick is moving to the east coast and will not be able to serve as a President next year. His vacancy will be filled in January.

Next Meeting will be December 6, 2006 at 1:00 PM in Oakland or Alameda – Location to be determined.

ADJOURN: 9:26 PM by President Michael Wiest.

Respectfully recorded and submitted by Nick Friedman, Secretary

CYBA Board Meeting… (cont. from pg. 17)

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