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6.3.A. - Page 2 <br /> The proposed Policy authorizes the City to remove a boat in an unauthorized berthing to <br /> a storage area or some other location, or to secure a boat in place at its unauthorized <br /> berthing. The Public Works Director, or his/her designee, will determine when this <br /> additional measure is necessary. The City will not remove or secure a boat in place until <br /> at least seven days after it is first identified as unauthorized in Docktown Marina, giving <br /> the owner a chance to remove it. Release of a removed or secured boat would occur <br /> only once the owner paid the actual costs of removal, all outstanding unauthorized <br /> berthing and storage fees, and a release fee. <br /> The proposed Policy provides a right to appeal any determination that a boat is an <br /> unauthorized berthing. Appeals are made to the City Manager or his/her designee, <br /> whose decision is final. The proposed Policy reserves the right of the City to use other <br /> available legal means to remove a boat from an unauthorized berthing, including using <br /> state law provisions to obtain a lien against a boat for the unauthorized berthing fee <br /> and, if necessary, causing the sale of the boat to enforce a lien. <br /> The proposed Policy is being put forward by staff to address the ongoing issue of boats <br /> berthing at Docktown without the City's written consent and authorization. Should the <br /> City contract for marina management services in the future, the contractor would be <br /> tasked with helping the City implement the proposed Policy. <br /> ALTERNATIVES <br /> Council may choose not to adopt the Resolution and direct staff to reconsider other <br /> possible alternatives to present to Council at a later date. <br /> FISCAL IMPACT <br /> The proposed Policy will aid the City in recovering costs for boats using City property at <br /> Docktown Marina unlawfully or without written consent and authorization from the City. <br /> ENVIRONMENTAL REVIEW <br /> This activity is not a project under CEQA as defined in CEQA Guidelines, section <br /> 15378, because it has no potential for resulting in either a direct or foreseeable physical <br /> change in the environment. <br /> AARON AKNIN <br /> ASSISTANT CITY MANAGER/COMMUNITY DEVELOPMENT DIRECTOR <br />