Agmt 2016 California State Division of Boating and Waterways

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9/18/2015 Scope of Work for Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2015/2016 Agency: City of San Leandro Marina Application: Surrendered and Abandoned Vessel Exchange (SAVE) Fiscal Year 2015/2016 Scope of Work FOR OFFICE USE ONLY: Version # APP # 702324 Legal authority to remove abandoned vessels The City of San Leandro is the owner and operator of the marina. I, Delmarie Snodgrass, am the Marina Manager and as such have the authority and responsibility for the efficient and safe operation of the marina for the boat owners and the public. I am authorized by the City Manager through Municipal Code 4-19-120 and other rules and regulations to lien, sell, remove and/or destroy vessels that cause an unsafe or sightly nusiance. Agency Experience From 2004 through 2010 an average of two vessels per year were destroyed and disposed at City expense. The City of San Leandro applied for and was awarded an AWAF grant #C7701015 for period 1/14 through 1/16. The City of San Leandro Marina removed and destroyed 11 boats at a cost of $46,975.11, not including the in-kind cost of $10,950.11. The bid was very low and we will not be able to secure such rates in the future. The City of San Leandro Marina applied for and was awarded a VTIP grant #C7702116 for $9400 for the period of 10/14 - 10/16. There are 3 vessels in the process of being destroyed. One vessel is an in water vessel that will cost more than we have in the current VTIP grant. It is estimated between the abandoned, liened, and turned in vessels the San Leandro Marina will have an significant increase in activity over the next two years. The City of San Leandro is in the process of a shoreline development with the expectation to close the marina in the future, due to lack of funding to continue needed maintenance dredging. The estimated start date of construction for the development project is March 2017. We anticipate many boats will be abandoned or submitted for the vessel turn -in program over the next 2-3 years. The City does not have the funds in the budget to pay for destruction and disposal of vessels. 3. Adjudication Process San Leandro Marina Lien Procedures 1. Review aging report from Finance for all accounts 60 days delinquent. Send 60 day letter (ex 1) 2. Review aging report from Finance for all accounts 90 days delinquent. Send 90 day letter (Ex 2) 3. If payment not received within 14 days of 90 day letter, turn off berther keys. Complete lien request form (ex 3) and make 3 copies for 1) Current lien file, 2) Berther File, 3) Marine Lien service. Write a note on berther file and add cost of current lien fee. Fee is put on pink change sheet and given to Admin Assistant to be billed to tenant. Note to turn off keys (Do not turn off keys if LAB — must give 30 days' notice revoking liveaboard status. Turn off keys after 30 days. (2a) Admin Asst will prepare Eden memo to charge berther cost of current for lien fee. 4. Fax completed lien request form to Marine Lien Service for processing (procedure per the California Harbors and Navigation Code). (ex 4) 5. DMV will send authorization to conduct a lien sale (ex 5) or the owner may file an opposition to the lien. If opposed the City will then have to go to small claims court to get a judgment (ex 6) 6. The Marina Lien Service will then contact Marina staff to set a date for a public lien sale. The lien service will advertise the sale in the newspapers. The Marina staff will contact the interested parties on the lien sale mailing list (ex 7) 7. On the day of the auction the Marina staff will conduct the auction. The vessels should be ready for inspection 1 hour prior to the auction. (ex 7a) The auction price should start at the debt owed if the vessel is worth the amount. If the selling price is more than debt, include berther fees, all labor to sell boat and if boat had to be pumped out. The Page: 5 of 10