CYBA To Have Exclusive Access To Monterey Bay Aquarium!

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CYBA To Have Exclusive Access To Monterey Bay Aquarium! Powered By Docstoc
					                                                 THE
                                                 THE
                                                               CYBA
                                                                                                 NEWS
                                                                                                 NEWS         November 2006
                                                             The California Yacht Brokers Association Newsletter



  Inside This Issue:                                CYBA Annual Dinner In Monterey
  Yachtcouncil Announcement
                                                         On January 20, 2007
  New Members from CYBA join
  Yachtcouncil… Page 3
  Annual Dinner Application
  Reservations for Monterey Events…
  Page 5

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

  News from CPYB
  Member Bulletin About New Programs…
  Page 11

  CYBA Events Calendar
  Mark your calendar for events important
  to your business… Page 20
                                            Join your CYBA fellow Members at the Monterey Bay Aquarium for this wonderful annual event!




 CYBA To Have Exclusive Access To Monterey Bay Aquarium!
   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                 use of the aquarium, which will                 Go on the Wine Tasting Bus! Wine
Dinner at the exciting Monterey             be closed to the public for the                 lovers can board Carmel Valley
Bay Aquarium. This year’s event             evening.                                        Grapevine Express, Friday through
was planned in response to the                                                              Sunday, for only $4.50 for a daily
very successful Annual Dinner               Monterey has lots of great                      pass. The bus runs between
held at the aquarium several years          attractions that will provide a fun             the Monterey Bay Aquarium
ago. We had so much fun we’re               weekend for everyone! Our annual                and Carmel Valley Village. Wine
going to do it again!                       golf tournament is always a hit or              aficionados can sample the wares
                                            you can enjoy whale watching                    at any of the 11 wineries and
Right now the aquarium features             cruises, bicycling around town,                 tasting rooms along the route
a rare captive Great White Shark            shopping in Old Town, sightsee                  and leave the driving to the bus
to join us for dinner! As an added          on Cannery Row or tour Carmel’s                 driver.
bonus the CYBA will have exclusive          famous 17 Mile Drive.                                                       (cont. on pg. 4)
         BOARD of DIRECTORS 2006
             President:
          Michael B. Wiest, CPYB
             O: 510-523-2628
       E: yachtcowboy@yahoo.com
   F: 510-523-2528 • C: 510-917-7749

         1st Vice President:
            Tim Broderick, CPYB
              O: 805-682-3820
       E: tim@oncourseyachts.com
   F: 805-682-3819 • C: 805-252-1120

         2nd Vice President:
             Marc Bay, CPYB
            O: 209-469-4600
         E: marc@bayyachts.net
   F: 209-469-0646 • C: 209-298-3747
                                                    As the year 2006 draws to a close,         CYBA Board at our Annual Dinner in
          Past President:                           I would first like to thank all of the     Monterey during January. Thank you
            Morrie Kirk, CPYB                       dedicated Board Members for their          to everyone!
            O: 949-675-3844
    E: morrie@orangecoastyachts.com
                                                    hard work during this last year. Several
   F: 949-675-3980 • C: 714-612-1137                Members not only donated hours and         As I close the year, I would like to
                                                    hours of their time, but often paid for    encourage everyone to continue with
             Secretary:                             travel and items needed to do their        the goals we have been working
            Nick Friedman, CPYB
              O: 310-547-4415                       jobs out of pocket. Again, thank you       on during this past year. Increased
        E: yachtbroker@pacbell.net                  very much!!!                               Membership benefits all of the Brokers
   F: 310-547-4258 • C: 310-748-5409                                                           in California. We have a louder voice
             Treasurer:
                                                    I feel we had a successful year. We have   in Sacramento and the uniformity of
            Dick Angel, CPYB                        expanded our name recognition and          forms and practices will benefit not
            O: 510-535-6160                         recruited several new Members, thanks      only Brokers but also our clients. I
           E: aysbim@aol.com                        to the Membership Committee. Our           would encourage all California Brokers
   F: 510-538-9100 • C: 510-331-7000
                                                    CYBA forms are now easily available        to embrace Yachtcouncil.org and
              Director:                             online due to the cooperation of           .com. It is designed to benefit our
              Jim Johnson                           Yachtcouncil.org . We have enjoyed         business and protect our interests in
            O: 949-675-8092                         workshops to help California Brokers       that business.
      E: jim@chuckhoveyyachts.com
   F: 949-673-1037 • C: 619-784-9002                become more familiar with and begin
                                                    using Yachtcouncil.org.                    Finally, come to the Annual Dinner.
              Director:                                                                        It is an excellent opportunity to meet
           Guy Newmark, CPYB
            O: 310-834-2830
                                                    We have obtained a new legal advocate      with fellow Brokers, Salespeople and
       E: newmarks@earthlink.net                    in Sacramento who is informative and       the others in the industry who support
   F: 310-835-7206 • C: 310-650-4437                helpful. Our Law Seminar was well          our business. We will be welcoming
                                                    attended and very interesting.             the new CYBA President and Board.
              Director:
           Ron Whitelaw, CPYB                                                                  We are well sponsored and the event
            O: 562-430-3131                         We welcomed Bob Gorman as our new          is always enjoyable and fun for a
      E: ron@baysideyachtsales.com                  Executive Director and appreciate the      nominal cost. The venue is especially
   F: 562-493-4333 • C: 562-889-6075
                                                    time and talents Don Abbot has shared      exciting this year; the Monterey Bay
      Executive Director:                           with us during his years of service.       Aquarium is an amazing place and well
               Don Abbott                                                                      worth the trip. I look forward to seeing
            O: 800-875-2922                         I would especially like to thank Tim       you and your friends there.
    E: don.abbott@yachtsforsale.com
   F: 775-353-5111 • C: 775-745-6565
                                                    Broderick at this time for his constant
                                                    effort in producing a timely and           I appreciate the opportunity to serve
    Senior Legal Advisor:                           interesting newsletter each month.         this past year and wish you all Happy
                Tom Russell                                                                    Holidays and a Prosperous New
             O: 949-854-6000
          E: trussell@ra-law.com                    I look forward to welcoming the new        Year.
   F: 949-854-6001 • C: 949-244-6230

           Legal Advisor:                                 As always, you can call me at 510-917-7749 or send me an e-mail at
            David Weil, CPYB                              yachtcowboy@yahoo.com to discuss anything or just to say hello.
            O: 562-432-8618
       E: dweil@weilmaritime.com
   F: 562-432-8638 • C: 562-233-7146
                                                                                  Michael Wiest, CPYB
                                                                                  CYBA President

PAGE 2       California Yacht Brokers Association • November 2006
Welcome CYBA Members
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.
        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
                                                            California Yacht Brokers Association • November 2006   PAGE 3
Exclusive Access… (cont. from pg. 1)
Visit some very informative websites to learn more                  Please use the reservation form in this newsletter and
about the Monterey Bay Aquarium at www.mbayaq.                      join us for a special CYBA Annual Dinner!
org, information about Monterey and Carmel at www.                    When: Saturday, January 20, 2007
monterey-carmel.com, and Monterey attractions and                     Where: Monterey Bay Aquarium, Monterey, CA
hotels at www.monterey.com.                                           Cost: CYBA Members $50 per person


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              Explore the beautiful Pebble Beach 17 Mile Drive.
course.




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

PAGE 4       California Yacht Brokers Association • November 2006
   Have Dinner With A
      Great White
                                                        ANNUAL DINNER
                                                         Saturday, 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 the
                                                                    Monterey Bay Aquarium
                                                           886 Cannery Row, Monterey, CA 93940
                                                                          (831) 648-4800
                                                                 www.montereybayaquarium.org


   Monterey Bay Aquarium
   has been chosen to host                 We will have exclusive access to
   the CYBA Annual Dinner/
  Dance. The Monterey Bay
                                            the entire Aquarium, which will
   Aquarium is a non-profit,               be closed to the public during our
  self-supporting institution.                       dinner/dance.
   Its purpose is to increase
       understanding and
                                               Send Dinner Reservations to:
    awareness of Monterey
       Bay and the marine                              CYBA Dinner
 environment through sea life    c/o Recreation Publications • 4090 S. McCarran Blvd., Ste. E
  exhibits, public education                           Reno, NV 89502
    and scientific research.          Ph. 800-875-2922 • Fax: 775-353-5111
                                                                        Visit the many historic points of
2007 CYBA ANNUAL DINNER RESERVATION                                     interest that are minutes away
                                                                        Fish & whale watching, bicycles,
Please reserve _____places @ $50.00 per person                        in-line skates, 17 championship golf
                                                                        courses, Laguna Seca Raceway,
Company __________________________________                            world renowned shops of Carmel-by-
                                                                                 the-Sea, Big Sur,
Contact ___________________________________                                17-Mile Drive, Cannery Row,
Telephone _________________________________                             Fisherman’s Wharf and Old Town
                                                                            Monterey to name a few.
Reservation Names (please print or type)
                                                                               A Few Suggested Hotels:
__________________________________________                              Carmel Coachman’s Inn	         1-800-336-6421
__________________________________________                              	    Approx.	Price	of	Rooms:	          $119.00
__________________________________________                              Monterey Peninsula Inns	       1-800-575-1805
__________________________________________                              	    Approx.	Price	of	Rooms:	 $79.00	-	$109.00
___________________________________________                             Portola Plaza Hotel	           1-866-711-1204
__________________________________________                              	    Approx.	Price	of	Rooms:	          $200.00
__________________________________________                              Comfort Hotels	                1-888-970-7666
__________________________________________                              	    Approx.	Price	of	Rooms:	           $49.00
                                                                        Monterey Fireside Lodge	       1-800-722-2624
❏ Mastercard ❏ Visa ❏ Check or Money Order                              	    Approx.	Price	of	Rooms:	          $100.00
Card # ____________________________________                             Colton Inn	                    1-800-848-7007
                                                                        	    Approx.	Price	of	Rooms:	    Call	For	Prices
Signature __________________________________                            Sand Dollar Inn	               1-800-982-1986
                                                                        	    Approx.	Price	of	Rooms:	           $99.00
                                                       California Yacht Brokers Association • November 2006    PAGE 5
         CALIFORNIA YACHT BROKERS ASSOCIATION
                 MEMBERSHIP BENEFITS
Members of the California Yacht Brokers Association enjoy             CYBA Newsletter
many benefits and privileges that make conducting business            Our monthly newsletter keeps us all well informed and
in an ever complex and evolving business environment, easier,         connected to each other and welcomes input and contributions
friendlier, and more productive than ever before. Some, but           from all Members.
certainly not all, of the benefits are highlighted below.
                                                                      CYBA Website
Standard Contracts and Forms                                          The CYBA has a website that features our Code of Ethics,
The CYBA provides, at a very nominal added cost, Members with         explains the Arbitration & Grievance process, and all Members
the most comprehensive set of contracts being used in the yacht       are listed in the Member Directory for the public to access
Brokerage industry today. They are a culmination of many years        easily.
of research and improvements, authored by our Legal Counsel,
Mr. Thomas A. Russell, ESQ. Use of these contracts are a Broker’s     CYBA Name Recognition
best defense in avoiding unnecessary litigation.                      Members are proud of their Membership and we encourage
                                                                      that they display the CYBA logo in their ads. The boating
Arbitration & Grievance Committee                                     public, in turn, is rapidly becoming aware of the CYBA and are
The CYBA offers the finest Arbitration & Grievance process/service    becoming educated in the benefits of doing business with a
in the industry and serves as the model that other organizations      CYBA Member Broker. This recognition is spreading worldwide
have patterned their arbitration process after. In a nutshell, we     due to the Internet.
assist in keeping you out of court if a problem occurs.
                                                                      Working with Our Peer Organizations
Code of Ethics                                                        We work closely with the Florida Yacht Brokers Association.
The CYBA Code of Ethics is another cornerstone of the yacht           (FYBA), the Northwest Yacht Brokers Association, (NYBA),
Brokerage community, worldwide. It is the Code of Ethics that         and the Yacht Brokers Association of America (YBAA). These
all other organizations have studied and used as their guide to       are our highly respected peer organizations and nurturing a
formulating their own Code of Ethics. We are very proud of our        harmonious and symbiotic relationship with them allows our
Code of Ethics and require that all Members abide by them.            Members to cooperate listings with them with greater ease.
                                                                      We all feel comfortable doing business with someone we have
Education                                                             something in common with.
We host an Annual Legal Seminar that features educational
guest speakers and our Members get updated on the latest              Working with Fellow CYBA Members
legal trends in the industry. We are currently looking into the       This becomes easier because we get to know each other,
possibility of developing continuing educational materials.           have our Membership in common, and use the CYBA standard
                                                                      contracts. Cooperative arrangements are made easier and go
Close Working Relationship with the Department                        smoothly.
of Boating & Waterways
The DBW feels that a close working relationship with the CYBA         Social Activities
is so important that they have a representative attend our            The Annual Installation Dinner/Dance is a prime example
monthly Board Meetings. This is the most effective way for us         of how our Members meet and get to know each other in a
to communicate with each other on critical issues that occur          pleasant social environment. This single event does more to
on a daily basis. Never before has this communication and             develop close working relationships between Members than
working relationship been better.                                     perhaps any other single event.

Legislation                                                           Boat Shows
This is one area that even Non-Members have benefited,                The CYBA is currently negotiating with a major boat show
perhaps without knowledge. The CYBA monitors all legislation          promoter to consider the possibility of co-sponsoring a major
that may have an impact on our profession and oftentimes, we          boat show. This will further enhance the public image of the
sponsor legislation. The most recent examples of legislation that     CYBA.
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                     Membership Application
AB 2119, which recognizes electronic signatures as having the
same validity as an original signature. After a long and exhaustive            Go to: www.cyba.info and click on
battle, the DBW also has agreed to recognize faxed signatures                       Membership Application
as having the same validity as original signatures. These two                        to download and print
examples are monumental strides that the CYBA accomplished                          your CYBA application.
for our industry in 1998 and 2000 respectively.
PAGE 6        California Yacht Brokers Association • November 2006
California Yacht Brokers Association • November 2006   PAGE 7
PAGE 8   California Yacht Brokers Association • November 2006
Law Seminar A
Tremendous Success
The 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)

                                                              California Yacht Brokers Association • November 2006   PAGE 9
Law Seminar… (cont. from pg. 9)
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.




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




                                                                            FirsT AmeriCAN Vessel TiTle
                                                                                              A Division of
William Krauss addresses lobbying efforts in Sacramento.                   first American Transportation Title insurance Company
                                                                                                    nYsE:fAf


                                                                            Protection for your marine transactions
                                     is looking to
                                      expand it’s                               through Vessel Title insurance
   presence in the Southern California market and                                         510 Bienville Street
       currently has a position available as an                                      New Orleans, Louisiana 70130
                Area Sales Manager.                                                 800.247.4035 Fax: 800.648.5021
                                                                                    www.firstam.com/transportation
       We are only looking for motivated sales
     oriented individuals. If you are interested in                              A C o m PA N Y i N m o T i o N
     joining our team, please fax your resume to
    800-637-6731 to the attention of Fred Roman.
PAGE 10        California Yacht Brokers Association • November 2006
CPYB Program                                                          Attention all interested
                                                                  Yacht Brokers and Salespersons:
Experiences a
100% Increase                                                   CERTIFIED
Over the Last 18 Months                                         PROFESSIONAL
Congratulations to all CPYB brokers. You are now
part of a select group of over 300 yacht brokers                YACHT BROKER (CPYB)
nationwide who have earned the prestigious Certified
Professional Yacht Broker (CPYB) designation. Your                      ~ STUDY SESSION AND TESTING ~
commitment to the program is awesome.
                                                                         Contact Lon Bubeck, Morrie kirk,
That kind of growth is indicative of the importance                           or Dean West for next
of the CPYB credential. You have clearly decided that                         study session & exam.
it has value and are moving to make it a standard                The CYBA is conducting a study session, immediately followed
of excellence in the field. I thank you for embracing           by the examination, for all those interested in becoming Certified
the CPYB program and encouraging your colleagues                Professional Yacht Brokers. This will be our first available session,
to do the same. Let’s keep the momentum going                        in response to the great interest in this worthy program.
during the next year.
                                                                      If you have a desire to take your business and personal
                                                                 accomplishment up to the next level, you owe it to yourself and
I look forward to any assistance I can give you and             your clients to earn the CPYB designation. Join a growing number
again – hurray for you all – Over 300 CPYB brokers                of the best and brightest brokers nationwide in increasing your
nationwide is a major accomplishment.                            knowledge, professionalism, and ethical standards as they relate
                                                                                     to your chosen profession.
If you have any questions regarding this program,               For complete information, including study materials, applications,
please contact me, Mary Lynn Holland, at 410-263-               and required qualifications, please visit the National Yacht Broker
1014 or email mhollan@cpyb.net.                                 Certification website at www.cpyb.net. There you will find all the
                                                                            forms you need in a downloadable format.
GrEAT NEWS fOr CPYB MEMBErS AND THEIr
BrOkErAGES                                                       If you have any questions, please contact one
At the recent Certification Advisory Council meeting               of the CYBA’s Members on the Certification
a new program and extremely valuable initiative                                 Advisory Council:
was approved and adopted. The new “CPYB
Endorsed Brokerage” program will be rolled out in                                  Lon Bubeck, CPYB
early 2007. The new program offers great benefits                          Flying Cloud Yachts, Long Beach
to both the CPYB brokers and the firms that they                                     562-594-9716
represent by allowing the firm to use the “CPYB”                                lonbubeck@verizon.net
logo in all their advertising. This will greatly raise the
public’s awareness of the CPYB program and will                                Morris Kirk, CPYB
ensure that the public is receiving the same level of                  Orange Coast Yachts, Newport Beach
professionalism and courtesy from the endorsed firm                              949-675-3844
as they are from the CPYB broker.                                        morrie@orangecoastyachts.com

The program will allow firms with at least one CPYB                                Dean West, CPYB
broker to apply for membership in the CPYB Endorsed                       Merrill-Stevens Yachts, San Diego
Brokerage program. There is no fee, but brokerage                                   619-417-9376
firms must agree to follow the program’s membership                           Dean_west@yahoo.com
criteria. Your support for and your participation in this
new initiative will not only set you apart as a premier
                                                                 You may also respond to cpyb@cyba.info or contact any CYBA
brokerage firm, but it will also support and promote             Board Member. The National Yacht Broker Certification office
the ongoing success of the CPYB program.                          needs time to process your application and to perform your
                                                                                     background check.

More details to follow as the program details are                 Brokers wishing to attend the study session, but who are not
                                                                testing, are welcome. However you must reserve a space! Seating
finalized.                                                                                 is limited!

                                                                   NOTE: This session is for CYBA Members only. If you are not
PurCHASE A PErSONAL BIO – GAIN GrEAT ExPOSurE                     yet a Member, and would like to join, contact the CYBA office
CPYB now offers a new way for Certified Brokers to                               immediately @ 800-875-2922.
                                            (cont. on pg. 12)

                                                                      California Yacht Brokers Association • November 2006   PAGE 11
Editorial
Headline: Keeping Up with the Law
Recently there has been a lot of activity in the yacht              Annual Law Seminar was an outstanding success. It was
brokerage industry relating to the law. Perhaps not a               a well structured program the provided a lot of useful
topic of priority interest, the legal aspects surrounding our       information about the law and conditions supported by the
businesses keep us directed on a pretty efficient course.           law, as well as anticipated legal and market conditions. Our
                                                                    hats are off to Tom Russell, Senior CYBA Legal Advisor and
My office was recently graced with a DBW audit from                 his handpicked cast of industry professionals who provided
the Department’s Investigators Gina Ebling and Silvia               us with a very valuable and informative event. Make sure
Holmquist. I have to say that I was pleasantly surprised by         to attend next year’s Law Seminar.
the ease and educational approach provided by these two
knowledgeable agents. Luckily, my books were in pretty              Not the law, but a foundation for the law is ethics. The
good order and the few gigs that I did receive were treated         CYBA Ethics Committee has been hard at work this year
with courteous guidance. Thanks Gina and Silvia for the             updating the CYBA Code of Ethics. Look for further updates
informative visit!                                                  regarding this topic and please feel free to contact Dean
                                                                    West, Ethics Committee Chairman, at Dean_West@yahoo.
An eager contingency of Brokers and DBW staff have been             com regarding the CYBA Code of Ethics, which can be
hard at work to revise the Yacht Brokers and Salesperson’s          reviewed at www.CYBA.info.
Licensing Exams. Long overdue for revision and genuinely
supported by the CYBA, the exams are being updated and              As we draw to a close of another year we hope that it
checked for relevance in today’s brokerage environment.             has been a prosperous and enjoyable one for you. The
The end result will raise the bar of knowledge required to          CYBA Board of Directors wishes you a very Happy Holiday
be licensed in California and that is a very good thing for         Season!
all of us.
                                                                                     Tim Broderick, CPYB
In the license exam revision process, many copies of the                             Editor, CYBA News
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              CPYB Program… (cont. from pg. 11)
surrounding yacht brokerage practice and transactions.
I’ve been advised by DBW’s Silvia Holmquist that she                gain great exposure. A personal BIO page can be
has a supply of law books that you can obtain for free by           added to your listing in the “Find a Certified Broker”
contacting Silvia at SHolmquist@dbw.ca.gov or 916-263-              section of the CPYB website. It’s easy, just send me
8182. You can also retrieve this legal information at www.          a few paragraphs describing your history with the
dbw.ca.gov/boatlaw.asp.                                             yacht industry and a current photo.

For those who attended the recent Yacht Sales & The Law             For details, call me at the CPYB office: 410-263-1014
Seminar or for those following up in this newsletter, the           or email mhollan@cpyb.net.


report from the forms Committee
Your CYBA Forms Committee is preparing the latest                   The Committee does caution that not every suggestion
revisions to the form contracts, which are planned for              will be incorporated into the new forms. These are legal
release in time for the CYBA Forms Seminar in the Spring of         documents, designed by and for a large and varied group
2007. The participation of the CYBA Membership is critical          of users. However, every suggestion will be considered
to each new release of the forms, and the Committee has             and debated by the Committee and the Board of Directors
once again asked the Membership for its suggestions and             before it is accepted or rejected. This is your chance to be
comments.                                                           heard on a critical part of your business!

Many CYBA Members have already weighed in on this                   Forward your suggestions, questions, or comments, to
project. The suggestions received thus far have ranged              any of the Committee members at their email addresses,
from minor clerical “fixes”, such as expanding the size of          listed below.
an input field, to the creation of an entirely new form, such
as a title insurance disclosure form. Substantive changes to        David Weil: dweil@weilmaritime.com
existing forms have already been made, for example, the             Michael Wiest: yachtcowboy@yahoo.com
cutoff dates in the contingency section will be changed to          Marc Bay: marc@bayyachts.net
allow for a number of days after seller acceptance, rather          Nick Friedman: yachtbroker@pacbell.net
than a fixed date.                                                  Tom Russell: trussell@ra-law.com
PAGE 12      California Yacht Brokers Association • November 2006
report from DBW
DBW Clarification of California Code of Regulations Section 7602 - Advertising
The DBW would like to take this opportunity to         disclose the name of the business as shown on the
thank the CYBA for asking us to be presenters at       required license. Section 7602(b) permits a Broker
the 2006 Legal Seminar in Newport Beach. The           who uses their name in advertisements to also
Enforcement Staff presented information regarding      identify themselves as a “Licensed Yacht Broker,”
the investigative and inspection process and was       etc.
available to answer Broker’s questions concerning
jurisdiction and applications of law.                  Therefore, the name of the Broker may not be used
                                                       instead of the name of the business as shown on
One of the issues requiring clarification concerned    the license. A Brokers name ‘can’ also be used in
Section 7602 of the California Code of Regulations     the advertisement and may also be followed by
which specifically relates to Advertising. The         … ”Licensed Yacht Broker”, “Yacht Broker”, “Ship
Department took the position that Section 7602         Broker”, “Boat Broker” or “Brokerage” to indicate that
would require not only the name of the business on     the Broker is a Licensed Yacht Broker.
all advertisements but also the name of the Broker
of Record.                                             We hope this clarifies any miscommunication and we
                                                       invite Brokers to contact us with any further concerns
Brokers at the Legal Seminar disagreed with the        or questions at: gebling@dbw.ca.gov.
Department’s interpretation of this section. We have
since requested that our Department Legal Counsel                         Submitted by Gina Ebling,
offer further clarification. It has been determined                       DBW Enforcement,
that section 7602(a) requires that an advertisement                       Yacht and Ship Broker Licensing


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




                                                              California Yacht Brokers Association • November 2006   PAGE 13
report from Sacramento
The following excerpts were                                        This bill does not directly affect the boating community,
drawn from the recently produced                                   but it does amend the section of law that provides
2006 Legislative Report written by                                 for the one-year waiting period detailed above in
the CYBA’s legislative advocate                                    connection with AB 1809. This bill amended the law
consultants The Apex Group:                                        to help with the unique situation of individuals that
                                                                   move to California within one-year of purchasing a
AB 1809 (Committee on                                              vehicle. The author was attempting to prevent such
Budget)—Vessel Sales and use                                       individuals from paying the sales tax twice.
Tax
                                                                   The reason we watched this bill closely was that it
                                               Bill Krauss
This bill was the vehicle by which                                 amends the section relating to our vessel sales tax
the Legislature extended the sales                                 waiting period issue that sunsets next year. Because it
tax requirements on vessel purchases. Historically, a              has this “fix” for vehicle owners, it may make it more
vessel could be purchased outside of California and                difficult for us to return the waiting period to 90 days
if it did not enter the State for 90 days, it would be             from the current one year.
exempt from sales tax.
                                                                   State Board of Equalization Possessory Interest
In 2003, Assembly Member Levine attempted to                       Tax
pass legislation (AB 694) that would have extended
the waiting period to one year. We opposed that bill               Last year the State Board of Equalization began
and it failed in the Senate. The Republicans have a                consideration of a rulemaking that would allow
“no-new-taxes” policy and this was seen simply as                  county assessors to assess the possessory interest
a tax increase, therefore, they were opposed. Given                tax on the tenants in ports and harbors differently
that a tax bill requires a 2/3 vote, it requires some              than others that must pay this tax.
Republican support and keeping them off prevented
the bill from passing.                                             The current rule is that the “possessory interest” tax is
                                                                   paid based on the lease term and, consequently, as
In a very smart move, the majority moved the debate                the lease term is reduced so is the tax. The objective
on this issue into the budget debate. They painted                 of the proposal is to get away from the strict terms
the Republicans as supporting “rich” boaters but                   of leases and claim that even though the lease, for
opposed to teachers, children, public safety, etc.                 example, may have just a few years left, it is “clear”
Under the pressure, the Republicans were forced to                 by a “preponderance of the evidence” that they will
vote for the provision as part of a much larger budget             be there for many more years and, therefore, should
implementation bill, which included other provisions               be subject to higher taxes.
they supported to implement the state budget. In
short, the majority was successful with tying this issue           If this proposal had become a regulation, it would
up with larger issues in order to get it passed.                   have been the first time that possessory interest
                                                                   taxes would have treated one group different from
As part of the original deal, it was agreed to “sunset”            another and it could easily have been extended to,
the bill on July 1 of this year. Realizing that the law            for instance, all holders of state lands leases or any
would be repealed this year, the same tactic was                   other group for that matter.
used again. It was interjected into the budget debate
and, again, it was extended for one more year.                     The good news is that earlier this year the issue was
Our position was not helped by a report from the                   put on hold and “should” not return. There was very
Legislative Analyst Office – A non-partisan advisory               little support among the members of the Board of
agency to the Legislature – that this tax generates a              Equalization. Our efforts on this were to initiate a
net benefit to the state of $45 million annually.                  letter writing campaign during the formal comment
                                                                   period when the BOE was soliciting input to help
Our goal now is to put together information from                   them decide whether or not to initiate a formal
the industry to determine if the L.A.O.’s information              process.
is correct or if there is a loss of sales of both vessels
and indirect loss of sales from related industries,                Issues for Next Year?
which could result in a net loss to the state. Such
information will be critical to prevent the continued              In an effort to help the membership be proactive
extension of this law.                                             with regard to issues we may face in the future, I am
                                                                   including a short summary of issues we know may
AB 2239 (Emmerson) – Vehicle Sales and use                         soon be active.
Taxes                                                                                                         (cont. on pg. 16)

PAGE 14     California Yacht Brokers Association • November 2006
California Yacht Brokers Association • November 2006   PAGE 15
report from Sacramento… (cont. from pg. 15)                        Legislative Committee report
Boater Licensing / Education                                       I attended a meeting of the Maritime Legislative
                                                                   Committee in Sacramento on November 15,
The National Transportation Safety Board (NTSB) is                 2006.
engaged in a national effort to promote the licensing/
certification/education of boaters and California is on            Items that were discussed include the State Budget,
their list. DBAW has met with NTSB representatives and             which brought up the question of the 27 million
DBAW has held public forums to discuss the issue.                  dollar appropriation from the Department of
                                                                   Boating and Waterways for Parks and Recreation.
DBAW will not be sponsoring legislation, but will                  The Governor tried to get 15 million dollars back,
simply facilitate the discussion of the issue. There is a          however, this was not achieved.
possibility that the Recreational Boaters of California
may sponsor a bill. Should they go it that direction,              There is a move to raise the registration fees on CF
we will seek your input on how to proceed.                         registered boats from $10.00 per year to $20.00
                                                                   per year to offset some of the 27 million dollar
Abandoned Vessel Program                                           appropriation.

For several years now the DBAW has had a program                   An abandoned vessel program is in effect. Also,
that provides $500,000 each year to clean up                       Ventura and Santa Barbara have a slip waiting list
abandoned vessels. However, the program does not                   problem, which the Grand Jury is investigating with
seem to be completely solving the problem.                         respect to common practice elsewhere.

To find solutions, the DBAW will be convening                      The majority of the meeting was dedicated to the
a meeting of the Abandoned Vessel Advisory                         Boater Safety Education proposed legislation. Expect
Committee to discuss options. One option that has                  more to be published on this very controversial
been discussed is the idea of a pilot program that                 issue.
will allow those individuals that would otherwise
abandon their vessel to turn them in. This would                                  Submitted by Dick Angel, CPYB
save some of the cost of removing a vessel, which are                             Legislative Committee Chairman
often submerged. This meeting will be in November
and could lead to a program next year.

final Thoughts
                                                                   CYBA Board of Directors
Given all these issues and possible future issues,
                                                                   Meeting November 8, 2006
I want to remind the Membership that the best                      VENUE: Bahia Corinthian Yacht Club
way to solve these problems is to have an active
Membership. If every Member had their Legislator                   CALL TO ORDER: Michael Wiest called the Meeting to
visit their business or took the time to get to know                  order at 6:25 P.M.
their local government representatives, any time a
problem arises we would be in a better position to                 ATTENDING: Michael Wiest, Morrie Kirk, Dick Angel, Marc
ask for help. Additionally, you may not know that                     Bay, Nick Friedman, Jim Johnson, Tim Broderick, Guy
every Legislator has staff members who are assigned                   Newmark, Don Abbott
to work on district problems and are available to
his or her constituency. These staffers are paid with              GUESTS: Whit Kirkland (FYBA), Steve Meyers (IYC), Bob
your tax dollars. These individuals can be a valuable                 Gorman, Gina Ebling, Sylvia Holmquist, Dean West,
resource as well as an advocate for your interests with               Jeff Long, Lon Bubeck, Jack Buckley, Patty Brown
the legislators for whom they work. Getting to know
them can prove invaluable when a problem arises.                   MINUTES: Minutes were approved. Motion by Tim
The CYBA Legislative Advocate is available to all CYBA                Broderick w/ 2nd by Dick Angel.
Members and can be reached at:
                                                                   FINANCIAL: Financial Report was approved. Motion by
Bill Krauss, CYBA Legislative Advocate                                Nick Friedman w/2nd by Guy Newmark.
The Apex Group
980 Ninth Street, Suite 1580                                       On November 9, 2006, Bob Gorman will replace Don
Sacramento, CA 95814                                                  Abbott as a signer on the account. A recommendation
Phone: 916-444-3116                                                   was made that the incoming President and Treasurer
Fax: 916-444-7841                                                     also be signers. It was further recommended that it
Email: wkrauss@theapexgroup.net.                                                                            (cont. on pg. 17)
PAGE 16     California Yacht Brokers Association • November 2006
CYBA Board Meeting… (cont. from pg. 16)
                                                             NEW CYBA MEMBERSHIP
   take two signatures to negotiate a check. An audit
   needs to take place in January and Dick Angel and               Proposed New Members
   Bob Gorman will coordinate it.
                                                                                Active Member
                                                                             Michael O’Connor
CORRESPONDENCE: None                                              Mariner’s Yacht & Ship Brokerage, Dana Point
                                                                                 Sponsored by:
LEGAL: No report                                                         Tim Horgan and Ed Fitzgerald

                                                                              Associate Members
ARBITRATION: No report                                                          Bill McDannel
                                                                         Vaught’s Yacht Sales, Long Beach
LEGISLATION:                                                                      Sponsored by:
1) Our Lobbyist reports that $27,000,000.00 was taken                Richard Vaught and Geoffrey W. Magnall
   from DBW funds and diverted to other uses.
2) Dick Angel will be at our lobbyist at annual Marine             Approved New Members
   Committee meeting Nov 15th, 10:00 AM.
                                                                                Master Member
SOCIAL/PUBLICITY:                                                           Rob Van Pippenger
1) Duncan McIntosh has offered to sponsor our Annual                         Bay Yachts, San Diego
                                                                                 Sponsored by:
   Dinner.                                                                 Marc Bay and Michael Wiest
2) There is a second great white shark at the Monterey
   Bay Aquarium.                                                                Patrick Adams
3) We need to purchase a liability insurance policy for                           Seaportal LTD.
   the Monterey Bay Aquarium. The policy needs to be                              Sponsored by:
                                                                         Neal Esterly and Wayne Rodgers
   a Directors Liability Policy with the aquarium as an
   additional insured. Cost is expedited to be $2,800.                       Associate Members
   Bob Gorman and Don Abbot will investigate and the                            Grover Dye
   issue is tabled until the December Board Meeting.                         Bay Yachts, Oakland
                                                                    Sponsored by: Marc Bay & Michael Wiest
MEMBERSHIP:                                                                     David Jacobs
1) It was agreed to hear a presentation from Kaiser                           Bay Yachts, Stockton
   Permanente on health insurance.                                               Sponsored by:
2) New Members: David Jacobs – Bay Yachts, Rob                             Marc Bay and Michael Wiest
   Van Pippenger – Bay Yachts, Gerald Reeck –
                                                                               Tim Livingston
   Bayport Yachts, Grover Wye – Bay Yachts, Patrick                        On Course Yachts, Sonoma
   Adams – Sea Portal, Sandra Ewing – Key Bank                                   Sponsored by:
   were approved for Membership. Motion by Nick                         Tim Broderick and Nick Friedman
   Friedman w/2nd by Guy Newmark.
3) Nancy Adair has applied for Membership and is                                Jerry W. Reeck
                                                                         Bayport Yachts, Newport Beach
   referred to the Membership Committee.                                          Sponsored by:
                                                                          J.R. Means and Jerry Wheeler
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.
                                                             ExPErIENCED YACHT
4) Nick Friedman is joining the Forms Committee.               SALESPErSONS
ETHICS: No report                                                 WANTED
INTERNET AND MEDIA COMMITTEE:                                Harbor Island, San Diego office.
1) CYBA website is updated and now has boat show                 Be part of a four-office
   information.                                                     brokerage team.
NEWSLETTER:
1) Need an article about the Monterey Annual                 Call Broker at 949-248-7400
                                         (cont. on pg. 20)                                                     (cont. on pg. 19)

                                                             California Yacht Brokers Association • November 2006     PAGE 17
PAGE 18   California Yacht Brokers Association • November 2006
                     California Yacht Brokers Association • 1555 Doolittle Dr., Suite 170 • San Leandro, CA 94577


                              MEMBERSHIP APPLICATION
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) ____________________________________________________________________

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 __________________________________________
                                                 Schedule of Fees
Membership Class                            Initiation Fee               Yearly Dues                                  TOTAL
Active Master Membership (Owner)                  $200        +            $245                       =               $445
Active Membership (Broker)                           50                     100                                        150
Associate Membership (Sales)                         25                       50                                        75
Affiliate Membership (Other)                       100                      125                                        225
Check for $________________ enclosed. Please make check payable to CYBA and return to:
Bob Gorman • 1555 Doolittle Dr., Suite 170 • San Leandro, CA 94577
                                                                                                                           Rev. 9/06
Phone (800) 875-2922 Fax (510) 614-1002

                                                                   California Yacht Brokers Association • November 2006   PAGE 19
                                                             CYBA Board Meeting… (cont. from pg. 17)
                     Calendar                                   Dinner.
                                                             2) Jim Johnson will take over as Editor of the
2006
December 6      CYBA Board Meeting – 1:00PM
                                                                newsletter in January.
                Oakland Yacht Club, Oakland
                                                             CPYB:
2007                                                         1) No test/class is currently scheduled.
January 3       CYBA Board Meeting – 1:00PM                  2) Sea Magazine will be a “sponsor in kind” and run
                Long Beach Yacht Club, Long Beach               ads on a space available basis.

January 4 – 7   San Diego Boat Show                          LAW SEMINAR: Ready to go.
                San Diego Convention Center, San Diego
                                                             BOAT SHOW:
January 5 – 14 Northern California Boat Show                 1) Planning for a stand alone Northern California
               Alameda County Fairgrounds, Pleasanton
                                                                show for next year.
January 20      CYBA Annual Dinner
                Monterey Bay Aquarium, Monterey              NEW BUSINESS: Tim Broderick is moving to the east
                                                                coast and will not be able to serve as a President
February 3 – 11 51st Annual Los Angeles Boat Show               next year. His vacancy will be filled in January.
                Los Angeles Convention Center, Los Angeles
                                                             Next Meeting will be December 6, 2006 at 1:00 PM in
February 7      CYBA Board Meeting – 1:00PM                     Oakland or Alameda – Location to be determined.
                Long Beach Yacht Club, Long Beach
                                                             ADJOURN: 9:26 PM by President Michael Wiest.
                       www.cyba.info
                                                                       Respectfully recorded and submitted by
                                                                       Nick Friedman, Secretary




                 CALIFORNIA YACHT                                                                    First-Class Mail
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