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HomeMy WebLinkAbout07 - Abandoned Watercraft Abatement FundITEM TO: Members of the Newport Beach City Council FROM: Tony Melum, Division of Harbor Resources SUBJECT: City's Participation in the Abandoned Watercraft Abatement Fund RECOMMENDATION: Adopt Resolution #2001 expressing the City's intent to participate in the Department of Boating and Waterways' (DBW) Abandoned Watercraft Abatement Fund (AWAF) program and authorizing the City Manager to execute all documents associated with the program. BACKGROUND: The City currently has jurisdiction over approximately 750 offshore moorings. Mooring administration is dealt with in Chapter 17.22 of the Newport Beach Municipal Code. Because moorings are a relatively inexpensive way to store a vessel, a small percentage of the boats were not well maintained and become inoperable and unseaworthy. This generated complaints from adjacent harbor residents as well as other mooring permittees. Responding to these concerns, the City Council amended Chapter 17.22 of the Newport Beach Municipal Code realizing that once a vessel reaches this condition it has a potential of becoming a hazard to navigation (sinking), a pollution problem (leaking fuel, etc.), or a public nuisance (bird droppings, etc.). Subsequent to those amendments, staff has found that once a vessel gets to this stage it becomes very expensive to repair or to remove from the harbor. As a result, they are often abandoned and ultimately become the City's responsibility. Recognizing this as a problem statewide, the Legislature approved Senate Bill 172 (Rainey) in 1997. This bill created the Abandoned Watercraft Abatement Fund (AWAF) and established a grant program for the removal of abandoned vessels. To ensure that the relatively limited funds are judiciously spent for the purposes intended, the account is managed on a reimbursement basis only. The funds can be used for the removal of abandoned and derelict vessels from waterways throughout California. The funds must be matched by a 10% dollar contribution from the local agency receiving the grant. Reimbursements will be made upon proof of actual expenditures. The contract itself requires that the DBW be contacted before any specific vessels are removed. The grantee would be responsible for securing any studies, permits or authorizations associated with treatment, removal, storage or any other handling of hazardous substances. Prior to the removal of any vessel, the grantee will be responsible for the proper and lawful handling, storage and disposal of any hazardous substances. The grantee must comply with California law with respects to titles and liens, in conjunction with each vessel and including those provisions set forth in the Harbors and Navigations Code regarding wrecked and salvaged vessels. The grantee must secure bids from prospective contractors through the competitive bid process to select a contractor to perform the work defined in the! grant agreement. The grantee must be responsible for the proper and legal disposal or recycling of vessels, parts of any vessels, materials, fluids, petroleum products and other associated chemicals. The grantee will make sure that all employees, contractors and salvage companies have sufficient insurance coverage subject to DBW approval for the activities involving the Grant Contract Agreement. Reimbursements under the grant will be made upon proof of actual expenditures, therefore, the recipient must submit to the DBW both the original itemized invoice for services rendered, along with its invoice to DBW for reimbursement reflecting a 10% contribution. Based on an estimate of need, the City is applying for a grant of $30,000, which anticipates a 3 -year annual expenditure of $10,000 per year. The City's portion of the $10,000 would be $1,000 per year. Those funds are currently budgeted in account 2371 -5280, a revenue and expenditure account set up to handle situations dealing with unseaworthy and inoperable vessels. The contract has been reviewed by the City Attorney and approved as to form. ATTACHMENT:_ Attachment A -- Resolution 2001 -_ relating to j participation in the Abandoned Watercraft Abatement Fund RESOLUTION NO. 2001- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF NEWPORT BEACH AUTHORIZING THE CITY TO PARTICIPATE IN THE CALIFORNIA ABANDONED WATERCRAFT ABATEMENT FUND WHEREAS, the City Council of the City of Newport Beach, in its stewardship of the Newport Harbor, is concerned about the prompt removal and abatement of abandoned watercraft; and WHEREAS, such watercraft cause a safety and environmental hazard in Newport Harbors waters; and WHEREAS, the State Legislature, via Senate Bill 172 (Rainey, 1997), has established the Abandoned Watercraft Abatement Fund administered by the California Department of Boating and Waterways; and WHEREAS, revenues from the Fund must be matched in part with local dollars and must be used for the abatement of abandoned watercraft; now, therefore be it RESOLVED by the City Council of the City of Newport Beach that the City hereby states its intent to participate in the Abandoned Watercraft Abatement Fund Program administered by the California Department of Boating and Waterways; and be it also RESOLVED by the City Council of the City of Newport Beach that the City Manager or his designee may execute all contracts, agreements, or reimbursement requests associated with the Fund and its programs on behalf of the City. ADOPTED, this 9�h day of January, 2001. Garold Adams, Mayor ATTEST: LaVonne Harkless, City Clerk