Agmt16 State of CA- Dept of Parks and Recreation, Division of Boating and Waterways

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L/\1 IILl1 I V - VI al it int/WM..0MM I. L.CLtCI VI II IUV! IL, %JL..VI.JC VI YY Vl r\ Ql ltd V V Vl It I !al 1 1 . Legal authority to remove abandoned vessels The City of Redwood City is a charter city and has all the powers granted to municipal corporations and to cities by the constitution and general laws of California together with all the implied powers necessary to carry into execution all the powers granted. As a public agency having jurisdiction over its location, the City has the legal authority under Harbors and Navigation Code 551 to remove and dispose of "marine debris." The City has the right to remove abandoned vessels in order to maintain the safety of its adjacent waterways, as well as to protect the environment from the pollution associated with abandoned vessels. From the California Harbors and Navigation Code 522 & 523: (a) Any peace officer, as described in Section 663, any employee or officer of the State Lands Commission designated by the State Lands Commission, or any lifeguard or marine safety officer employed by a county, city, or district, while engaged in the performance of official duties, may remove, and, if necessary, store a vessel from a public waterway. 2. Agency Experience The City has been managing Docktown Marina since March 2013. During this time the City has forcibly removed 10 boats: 7 requiring lien sale, 6 requiring eviction, 4 requiring trespassing notice, and 1 due to fire damage. These tasks were accomplished due to the cooperative coordination of staff from Public Works, Police, Attorney's Office, Community Development, and The Office of the City Manager. Through this experience Redwood City has become exceedingly proficient at legally and safely identifying and removing various types of watercrafts posing a hazard to the environment or public safety. 3. Adjudication Process The City manages Docktown Marina and seeks ownership any vessels deemed to be abandoned, hazardous, in cases where tenants have stopped paying slip fees. The City follows three (3) difference adjudication process depending on the vessels circumstances: Live-Aboard Vessel A live-aboard vessel is a vessel housed in a Docktown Marina slip where the owner physically lives on the vessel. Step one — Eviction judgment: The City Attorney's Office seeks judgment from a court stating that the owner has no right to live on the vessel or reside at Docktown due to non-payment of slip fees or non-compliance with Marina rules. Step two — Serve a three-day "Notice to Quit": The City will post a 3-day Notice to Quit on a vessel after the 30-day notice period has passed. Step three — Property lien: The City uses a third-party agency specializing in marine liens to facilitate the notification and publication process of a boat property lien. Step four — Lien sale auction: The City advertises an auction in the newspaper within 30 days of the auction and no later than 10 days before the auction. The City also notifies the current registered owner of the vessel of the auction date. Step five — Donation: If the auction is unsuccessful, the City will attempt to donate the vessel to a charitable organization if the vessel is deemed to be in good enough condition for the organization to accept. Step six — Demolition and Removal: The City will remove and demolish vessels that cannot be sold or donated. Any hazardous materials will be safely removed and properly disposed of. The City may also engage a third party to remove and demolish vessels. Non-Live-Aboard Vessel A non-live-aboard vessel is a vessel housed in a Docktown Marina slip where the owner cannot live on the vessel for more than 72 consecutive hours or 10 cumulative nights in a month. Step one — 30-day Notice to Vacate: The City will post a 30-day notice on a vessel and mail the notice to the owner via certified mail when the vessel is deemed a hazard, nuisance or unseaworthy; when the owner fails to pay slip fees; or when the owner shows a pattern of non-compliance with Marina rules. Step two — Serve a three-day "Notice to Quit": The City will post a 3-day Notice to Quit on a vessel after the 30-day notice period has passed. ATTY/AGR/2016.249/STATE OF CALIFORNIA DEPARTMENT OF PARKS & RECREATION DIVISION OR BOATING & WATERWAYS REV: 09-01-16 RL Page 29 of 33