AS TO FORM AND LEGALITY
___________________________
CITY ATTORNEY’S OFFICE
OAKLAND CITY COUNCIL
RESOLUTION NO. ______________ C.M.S.
RESOLUTION 1) AUTHORIZING THE CITY ADMINISTRATOR
TO ACCEPT AND APPROPRIATE THE FY 2026–2027
SURRENDERED AND ABANDONED VESSEL EXCHANGE
(SAVE) GRANT IN THE AMOUNT OF SEVENTY-FIVE
THOUSAND DOLLARS ($75,000) FOR ABANDONED VESSEL
ABATEMENT AND RELATED SERVICES; 2) AUTHORIZING A
10% IN-KIND PERSONNEL MATCH OF SEVEN THOUSAND
FIVE HUNDRED DOLLARS ($7,500); 3) AUTHORIZING A
GENERAL PURPOSE FUND CENTRAL SERVICES OPERATIONS
(CSO) CONTRIBUTION FOR ASSOCIATED SERVICES OF
TWELVE THOUSAND ONE HUNDRED EIGHTY DOLLARS
($12,180); AND 4) WAIVING THE CITY’S ADVERTISING,
COMPETITIVE BIDDING, REQUEST FOR
PROPOSALS/QUALIFICATIONS (RFP/Q), AND LOCAL/SMALL
LOCAL BUSINESS ENTERPRISE (L/SLBE) REQUIREMENTS
FOR ENTERING INTO PROFESSIONAL SERVICES
AGREEMENT WITH SPECIALIZED VENDORS WHO CAN
PROVIDE ABATEMENT, REMOVAL, STORAGE AND DISPOSAL
OF ABANDONED VESSELS ON AN AS-NEEDED BASIS WHEN
MARINE UNIT EXPERTS DETERMINE SUCH SERVICES ARE
REQUIRED BASED ON THE TYPE OF VESSEL
WHEREAS, the State of California Department of Parks and Recreation awarded funds in the amount of seventy-five thousand dollars ($75,000) to the Oakland Police Department (OPD) for the FY 2026-2027 Surrendered and Abandoned Vessel Exchange (SAVE) Grant Program; and
WHEREAS, the Surrendered and Abandoned Vessel Exchange Grant Program period is from October 1, 2026 through September 30, 2028; and
WHEREAS, funds must be used for the abatement, removal, storage and disposal of abandoned vessels, wrecked or dismantled vessels, parts, or any other partially submerged objects that pose a substantial hazard to navigation from navigable waterways or adjacent public property, or private property with the landowner’s consent; and 2 WHEREAS, Oakland Municipal Code (OMC) Section 2.04.050.I.5 allows the City Council to waive the advertising and competitive bidding requirements upon a finding and determination that it is in the best interests of the City to do so; and WHEREAS, OMC Section 2.04.051.B allows the City Council to waive the request for proposals/qualifications (RFP/Q) process requirements upon a finding and determination that it is in the best interest of the City to do so; and
WHEREAS, pursuant to Part I of Oakland's Local and /Small Local Business Enterprise (L/SLBE) Program guidelines adopted by Ordinance No. 13825 C.M.S., the City Council may waive L/SLBE requirements upon a finding that it is in the best interests of the City to do so; and WHEREAS, a vessel removal may require a marine survey, salvage divers, towing services, crane barges, heavy demolition equipment, boatyard lifting services, trailering, hazardous-material handling, transportation, storage, and disposal services; and WHEREAS, no single vendor is capable of providing all services necessary for every removal scenario, and individual vessel removals may require the coordinated services of multiple specialized vendors; and
WHEREAS, authorizing the Oakland Police Department Marine Unit, as the City’s subject matter experts for these operations, to select qualified vendors on an asneeded basis will allow the City to respond to the specific circumstances of each vessel and identify the most cost-effective, operationally appropriate, and environmentally responsible method of removal and disposal; and
WHEREAS, OPD Marine Unit, as subject matter experts, anticipate entering into agreements with qualified vendors on an as-needed basis, including, but not limited to: Lind Marine, Sub One Diving, Parker Diving, Auto Plus, British Marine Boatyard, Tow Boat USA, and qualified marine surveying companies; and
WHEREAS, these vendors provide specialized services that may include marine salvage and demolition, commercial diving, vessel towing and transportation, boatyard lifting and storage, marine surveying and valuation, and other services necessary for the abatement, removal, storage, and disposal of abandoned and derelict vessels; and WHEREAS, City staff recommends waiving the advertising and competitive bidding requirements, RFP/Q requirements and L/SLBE requirements because the removal, abatement, storage, and disposal of abandoned and derelict vessels within the Oakland Estuary presents unique and complex logistical challenges that vary significantly from vessel to vessel: vessel’s size, condition, location, estimated value, whether it is floating, grounded, partially submerged, or sunken, and whether hazardous materials are present; and
WHEREAS, the City Administrator has determined that a professional services agreement authorized by this resolution would be of a professional and temporary nature and shall not result in the loss of employment or salary by any person having permanent status in the competitive civil service; now therefore be it
3 RESOLVED: that the City Council authorizes the City Administrator to accept and appropriate the Surrendered and Abandoned Vessel Exchange Grant Program allocation in the amount of seventy-five thousand dollars ($75,000); and be it FURTHER RESOLVED: that the City Council authorizes the City’s General Purpose fund to contribute twelve thousand one hundred eighty dollars ($12,180) to cover the associated central services overhead costs; and be it
FURTHER RESOLVED: that the City Council authorizes a ten percent in-kind personnel costs match of seven thousand five hundred dollars ($7,500); and be it FURTHER RESOLVED: that the City Council finds and determines that pursuant to OMC Section 2.04.05.I.5 and, based upon the reasons stated above and in the City Administrator’s Agenda Report accompanying this resolution, that it is in the best interest of the City to temporarily suspend its advertising requirements and competitive bidding requirements for vendors such as those listed above but not limited to that list; and be it FURTHER RESOLVED: That the City Council finds and determines that pursuant to OMC Section 2.04.051.B, and based upon the reasons stated above and in the City Administrator's Agenda Report accompanying this resolution, that it is in the best interests of the City to waive the RFP/Q process requirements for vendors such as those listed above but not limited to that list; and be it
FURTHER RESOLVED: That the City Council finds and determines that pursuant to Ordinance No. 13825 C.M.S., and based upon the reasons stated above and in the City Administrator's Agenda Report accompanying this resolution, that it is in the best interests of the City to waive the L/SLBE requirements for vendors such as those listed above but not limited to that list; and be it
FURTHER RESOLVED: that revenues and appropriations will be allocated to the State of California Fund (2159); Support Operations Division Org (107510); and Program, Project and Accounts names to be assigned; and be it
FURTHER RESOLVED: that the central services overhead funding and in-kind match will be allocated to the General Purpose Fund (1010), Support Operations Division (107510), Account (TBD), Project (1000008), and Program name to be assigned (PS01); and be it FURTHER RESOLVED: that all contracts issued hereunder shall be reviewed and approved by the City Attorney for form and legality and copies shall be placed on file in the City Clerk’s Office; and be it
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4 FURTHER RESOLVED: that the City Administrator, or designee, is hereby authorized to complete all required negotiations, certifications, assurances and documentation required to accept, modify, extend and/or amend the agreement(s).
IN COUNCIL, OAKLAND, CALIFORNIA,
PASSED BY THE FOLLOWING VOTE:
AYES - BROWN, FIFE, GALLO, HOUSTON, RAMACHANDRAN,
UNGER, WANG, AND PRESIDENT JENKINS
NOES –
ABSENT –
ABSTENTION –
ATTEST:____________________________
ASHA REED
City Clerk and Clerk of the Council
of the City of Oakland, California
3487255/JB