DATE: November 17, 2015
SUBJECT:
Title
RESOLUTION AUTHORIZING ACCEPTANCE OF GRANT FUNDS FROM THE STATE OF CALIFORNIA NATURAL RESOURCES AGENCY, DEPARTMENT OF PARKS AND RECREATION, DIVISION OF BOATING AND WATERWAYS FOR THE FY 2015/2016 SURRENDERED AND ABANDONED VESSEL EXCHANGE PROGRAM IN THE AMOUNT OF $44,900 AND GRANTING INDEMNITY
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EXECUTIVE SUMMARY:
The State of California Natural Resources Agency, Department of Parks and Recreation, Division of Boating and Waterways (DBW) has awarded the District a grant for the abatement, removal, storage and/or disposal of eligible water hazards and eligible surrendered vessels. Under the terms of this two-year grant agreement, DBW agrees to reimburse costs for an amount not to exceed $44,900. The District’s required matching contribution is $4,490. Board approval is required for acceptance of this grant. Staff recommends the Board accept the funds and grant indemnity to DBW.
RECOMMENDATION:
Recommendation
Adopt a Resolution authorizing the acceptance of grant funds from the State of California Natural Resources Agency, Department of Parks and Recreation, Division of Boating and Waterways for the FY 2015/2016 Surrendered and Abandoned Vessel Exchange program in the amount of $44,900 and grant indemnification.
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FISCAL IMPACT:
These grant revenues and expenditures were not anticipated during the development of the FY 15/16 [Operating/Non-operating] budget; however, funds for this expenditure have been identified in the Environmental and Land Use Management FY 15/16 Remediation Account 660140. There are no ongoing costs associated with this expenditure. Funds are available (Certificate of the Treasurer Ordinance No. 2820).
Compass Strategic Goals:
This agenda item supports the District’s role to protect the Tidelands Trust by providing a balanced approach to water and land recreation, environmental stewardship and public safety. The use of grant funds is a prudent option to finance District projects.
• A vibrant waterfront destination where residents and visitors converge.
• A Port with a healthy and sustainable bay and its environment.
• A Port that is a safe place to visit, work and play.
DISCUSSION:
The State of California Natural Resources Agency, Department of Parks and Recreation, Division of Boating and Waterways (DBW) administers the Surrendered and Abandoned Vessel Exchange (SAVE) program. SAVE combines the Abandoned Watercraft and Abatement Fund (AWAF) with the Vessel Turn In Program (VTIP) for the convenience and flexibility to use grants funds interchangeably for either AWAF or VTIP issues.
Per BPC Policy No. 110, the District applied for, and subsequently DBW approved, the San Diego Unified Port District grant application for a grant in the amount of $44,900 over a two-year period.
Pursuant to DBW’s authority under Harbors and Navigation Code section 525, the District will enter into an agreement for the removal and disposal of abandoned, wrecked or dismantled non-commercial vessels, or parts thereof, or any other partially submerged objects which post a substantial hazard to navigation within the District’s jurisdiction; and also remove and dispose of surrendered vessels, or parts thereof, which are in danger of being abandoned and has a likelihood of causing environmental degradation or becoming a hazard to navigation within the District’s jurisdiction.
Additionally, the terms of the grant agreement require that the District protect, hold harmless, indemnify and defend the Department of Parks and Recreation (DPR), its agents, officers, and/or employees against any and all actions, claims, and damages to persons or property, penalties, obligations and liabilities that may be asserted or claimed by any person, firm, association, entity, corporation, political subdivision, or other organization or person arising out of or in connection with the District or District’s contractors’ or subcontractors’ activities hereunder, whether or not there is concurrent passive negligence on the part of DPR, its agents, officers, and/or employees.
The grant will provide unbudgeted, unanticipated funding for the removal and disposal of surrendered vessels and other navigational hazards in furtherance of the District’s mission. Staff recommends the Board accept the funds and grant indemnity.
General Counsel’s Comments:
The General Counsel’s Office has reviewed the grant agreement and approves as to form and legality.
Environmental Review:
The proposed Board action to accept grant funds and enter into an agreement with the California Division of Boating and Waterways for removal and disposal of abandoned or surrendered vessels is Categorically Exempt pursuant to California Environmental Quality Act (CEQA) Guidelines Section 15301 (Class 1 - Existing Facilities) and Section 3.a. (6) of the District’s Guidelines for Compliance with CEQA because the project in question will involve a negligible expansion of use beyond that previously existing. No further action under CEQA is required.
In addition, the proposed Board action is considered an “excluded development” pursuant to Section 8.a. (9) (Existing Facilities) of the District’s Coastal Development Permit (CDP) Regulations; therefore, issuance of a CDP is not required.
Equal Opportunity Program:
Not applicable.
PREPARED BY:
Cynthia Mertes
Management Analyst, Government and Civic Relations
Attachment(s):
Attachment A: Grant Agreement, Certificate of Funding