NEWS November 2006
The California Yacht Brokers Association Newsletter
Inside This Issue: CYBA Annual Dinner In Monterey
On January 20, 2007
New Members from CYBA join
Yachtcouncil… Page 3
Annual Dinner Application
Reservations for Monterey Events…
Successful Yacht Sales & The Law IX
Great speakers, topics and attendance…
News from CPYB
Member Bulletin About New Programs…
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
Michael B. Wiest, CPYB
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
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!
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: email@example.com very much!!! Membership benefits all of the Brokers
F: 310-547-4258 • C: 310-748-5409 in California. We have a louder voice
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: firstname.lastname@example.org 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.
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
We have obtained a new legal advocate with fellow Brokers, Salespeople and
E: email@example.com 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.
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: firstname.lastname@example.org 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.
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
E: email@example.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 firstname.lastname@example.org to discuss anything or just to say hello.
F: 562-432-8638 • C: 562-233-7146
Michael Wiest, CPYB
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
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.
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
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
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
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
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.
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
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
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
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
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
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:
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 email@example.com. 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” firstname.lastname@example.org
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. email@example.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 firstname.lastname@example.org 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
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
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 email@example.com.
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: firstname.lastname@example.org
existing forms have already been made, for example, the Michael Wiest: email@example.com
cutoff dates in the contingency section will be changed to Marc Bay: firstname.lastname@example.org
allow for a number of days after seller acceptance, rather Nick Friedman: email@example.com
than a fixed date. Tom Russell: firstname.lastname@example.org
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: email@example.com.
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.
The reason we watched this bill closely was that it
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.
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: firstname.lastname@example.org. (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.
CORRESPONDENCE: None Mariner’s Yacht & Ship Brokerage, Dana Point
LEGAL: No report Tim Horgan and Ed Fitzgerald
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.
SOCIAL/PUBLICITY: Rob Van Pippenger
1) Duncan McIntosh has offered to sponsor our Annual Bay Yachts, San Diego
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 –
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
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
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.
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
Your Name ____________________________________________________________________________
Name of Business ___________________________________ Position ___________________________
Business Address ______________________________________________________________________
City _____________________________________________State _____________Zip ______________
Phone ______________________________________ Fax _____________________________________
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
Phone (800) 875-2922 Fax (510) 614-1002
California Yacht Brokers Association • November 2006 PAGE 19
CYBA Board Meeting… (cont. from pg. 17)
2) Jim Johnson will take over as Editor of the
December 6 CYBA Board Meeting – 1:00PM
newsletter in January.
Oakland Yacht Club, Oakland
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
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.
Respectfully recorded and submitted by
Nick Friedman, Secretary
CALIFORNIA YACHT First-Class Mail
BROKERS ASSOCIATION U.S. Postage
PMB #134 PAID
909 Marina Village Parkway Reno, NV
Permit No. 270
Alameda, CA 94501-1048