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