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8J Consent 2018 0904
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8J Consent 2018 0904
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8/28/2018 5:58:18 PM
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
9/4/2018
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Reso 2018-102
(Approved by)
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\City Clerk\City Council\Resolutions\2018
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EXHIBIT B <br />Surrendered and Abandoned Vessels Exchange (SAVE) Grant Program <br />1.NEEDS AND OBJECTIVES OF DBW <br />a.Pursuant to its authority under Harbors and Navigation Code section 525, the <br />Division of Boating and Waterways (DBW) wishes to contract with Grantee for the <br />removal and disposal of abandoned, wrecked or dismantled vessels, or parts thereof, <br />or any other partially submerged objects (hereinafter “eligible water hazards”) which <br />pose a substantial hazard to navigation within Grantee’s jurisdiction as listed on the <br />Questionnaire, found in Exhibit A. <br />b.Pursuant to its authority under Harbors and Navigation Code Section 525, the <br />Division of Boating and Waterways (DBW) wishes to contract with Grantee for the <br />removal and disposal of surrendered vessels, or parts thereof, which are in danger of <br />being abandoned and has a likelihood of causing environmental degradation or <br />becoming a hazard to navigation within Grantee’s jurisdiction as specified according <br />to the Grantee’s Work Plan, found in Exhibit A. <br />2.WATER HAZARDS ELIGIBLE FOR REMOVAL AND DISPOSAL <br />The funds provided under this Agreement shall be used for the combined purposes of <br />Surrendered and Abandoned Vessels Exchange (SAVE) as follows: <br />a.Abatement, removal, storage and/or disposal of eligible Marine Debris. For <br />purposes of this Agreement, “abandoned” is defined in Harbors and Navigation Code <br />section 522(a): <br />“Any hulk, derelict, wreck, or parts of any ship, vessel, or other watercraft sunk, <br />beached, or allowed to remain in an unseaworthy or dilapidated condition upon <br />publicly owned submerged lands, salt marsh, or tidelands within the corporate limits <br />of any municipal corporation or other public corporation or entity having jurisdiction or <br />control over those lands, without its consent expressed by resolution of its legislative <br />body, for a period longer than 30 days without a watchman or other person being <br />maintained upon or near and in charge of the property, is abandoned property”. <br />Harbors and Navigation Code, Section 525 (1)(A): <br />“…the Abandoned Watercraft Abatement Fund, which is hereby created as a special <br />fund. Moneys in the fund shall be used exclusively, upon appropriation by the <br />Legislature, for grants to be awarded by the department to local agencies for the <br />abatement, removal, storage, and disposal as public nuisances of any abandoned <br />property as described in Section 522 or for the disposal of surrendered vessels as <br />defined in Section 526.1, wrecked or dismantled vessels, or parts thereof, or any <br />other partially submerged objects that pose a substantial hazard to navigation, from <br />navigable waterways or adjacent public property or private property with the <br />landowner’s consent. <br />Harbors and Navigation Code, Section 550 (B): <br />“ “Marine Debris” is a vessel or part of a vessel, including a derelict, wreck, hulk, or <br />part of any ship or other watercraft or dilapidated vessel. That is unseaworthy and not <br />reasonably fir or capable of being made fit to be used as a means of transportation <br />by water.” <br />b.The funds provided under this Agreement shall not be utilized for abatement, <br />Date: 07/30/2018 Contract # C18S0605, City of San Leandro Marina, Surrendered and Abandoned Vessel <br />Exchange (SAVE) Fiscal Year 2018/2019 <br />__________________________________________________________________________ <br />Page: 4 of 3939 <br />83
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