City Council
October 20, 2026
AGENDA REPORT
TO: Elizabeth Lake FROM: James P. Beere
Interim City Administrator Chief of Police
SUBJECT: Surrendered and Abandoned Vessel
Exchange (SAVE) Grant
DATE: October 6, 2026
City Administrator Approval Date:
RECOMMENDATION
Staff Recommends That The City Council Adopt A 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.
EXECUTIVE SUMMARY
The Oakland Police Department (OPD) has been awarded $75,000 for the FY 2026-2028 Surrendered and Abandoned Vessel Exchange (SAVE) Grant Program by the State of California Department of Parks and Recreation. The proposed resolution would authorize the City Administrator to enter into a two-year grant agreement from October 1, 2026, to September 30, 2028.
In October 1997, Senate Bill 172 created the Abandoned Watercraft Abatement Fund (AWAF) in Section 525 of the Harbors and Navigation Code (HNC). The AWAF is a reimbursement grant which provides funds 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, per Harbors and Navigation Code (HNC) Section 525. The California Department of Boating and Waterways (DBW) receives funding from the AWAF, which is made available to local public agencies statewide through the SAVE grant program.
Vessels that are unseaworthy and/or are used as homes pose environmental threats to the Oakland Estuary. They are, moreover, inconsistent with the San Francisco Bay Plan and could Elizabeth Lake (Oct 15, 2026 17:25:20 PDT)
Oct 15, 2026
Elizabeth Lake, Interim City Administrator
Subject: Surrendered and Abandoned Vessel Exchange (SAVE) Grant Date: September 21, 2026 Page 2
City Council
October 20, 2026
lead to a potentially costly enforcement action against the City of Oakland by the Bay Conservation and Development Commission (BCDC). The SAVE grant provides reimbursement funds to remove permanently unoccupied vessels or vessels from the estuary that pose an immediate threat.
REASON FOR URGENCY
The grant term starts October 1. Work has stepped up due to the upcoming El Nino storms for which Governor Newsom has declared a state of emergency. This grant will help complete needed surrendered and abandoned vessel removal before the storms. Therefore, OPD is trying to have the funds approved as soon as possible.
BACKGROUND / LEGISLATIVE HISTORY
The Oakland Estuary, the waters between Oakland and Alameda, is Oakland’s piece of San Francisco Bay. As the Legislature found in the McAteer-Petris Act, the Bay is “the most valuable single natural resource of an entire region, a resource that gives special character to the Bay Area.” Owners of vessels who use the Estuary irresponsibly, by using this public resource as a private home or by unseaworthy operation, threaten that special character.
The BCDC, a state agency, administers the San Francisco Bay Plan (the Bay Plan) and issues permits for shoreline development and any activity placing fill in the Bay. Permits must be consistent with the Bay Plan. BCDC takes the position that abandoned vessels and live-aboard vessels—boats being used as residences—are unpermitted fill. The Bay Plan, in turn, allows liveaboard only in marinas.
Vessels nevertheless anchor in the estuary for extended periods for use as residences. Other vessels are anchored or abandoned in the estuary in an unseaworthy condition. Such vessels are immediate or potential hazards to navigation and the environment. State law gives the City and Oakland Police Department (OPD) extensive authority to remove from the estuary permanently unoccupied vessels or vessels that pose an immediate threat. Recent OPD policy has formalized this authority and set up procedures for providing notice to owners/occupants and removing such vessels. OPD removed 4 unoccupied vessels from the estuary in 2022.
As noted above, under the Bay Plan’s implementation of the McAteer-Petris Act, a live-aboard vessel is unpermitted fill and not allowed in the estuary. BCDC takes the position that if such a vessel is anchored in City waters and the City does not remove it, then the City violates the McAteer-Petris Act. This Act gives BCDC authority to issue a cease-and-desist order against violation, and if the violation continues, BCDC can levy fines against violators of up to $6,000 per day. The SAVE Program helps to improve safety on California’s waterways and alleviates the issue of abandoned vessels. The City Council previously authorized acceptance of SAVE grant funds in the amount of $50,000 for the years 2018, 2019, and 2020. The City Council previously authorized acceptance of SAVE grant funds in the amount of $166,250 for fiscal years 2023-2025 and $150,000 for fiscal years 2024-2026.
Elizabeth Lake, Interim City Administrator
Subject: Surrendered and Abandoned Vessel Exchange (SAVE) Grant Date: September 21, 2026 Page 3
City Council
October 20, 2026
ANALYSIS AND POLICY ALTERNATIVES
The abandoned vessels make the estuary unsafe and cause potential hazards. The removal of these vessels will help to maintain a safe space for boaters and for outdoor recreation.
Additionally, there have been several complaints from residents who live in the marina and citizens who want to row in the estuary or otherwise enjoy outdoor recreation. By removing these dangerous vessels, residents and citizens can once again enjoy the estuary.
Through the SAVE grant program provided by the Division of Boating and Waterways, the OPD, upon identifying derelict recreational vessels with no identifiable owner, will remove and dispose of the vessels in accordance with those provisions set forth in the Harbors & Navigation Codes and Alameda County Codes regarding wrecked and salvaged vessels.
The City of Oakland passed City Ordinance 13728 which restricts anchoring in the Oakland Estuary to 12 hours. The vessel then must leave the Oakland Estuary for a period of 7 days prior to being allowed to again anchor in the Oakland Estuary. This ordinance is instrumental in preventing vessels from anchoring in the Oakland Estuary and being left abandoned.
To remain consistent with BCDC’s Bay Plan, the ordinance sets a 12-hour limit for vessels to anchor or moor in the estuary and bars living aboard a vessel there. The 12-hour limit will allow recreational uses while ensuring the rule is effective. (A longer anchoring period could allow vessels to shuttle between the City and neighboring jurisdictions, particularly the City of Alameda, evading the anchoring limit while effectively continuing to live permanently in the Estuary.) The ordinance additionally requires vessels in the estuary to be seaworthy and operable, and it bars beaching or grounding a vessel outside of an emergency.
The ordinance provides authority for the City, acting through OPD, to inspect vessels with occupants’ or owners’ consent or with a court-issued warrant. This will allow the City to determine whether a vessel is out of compliance and, therefore, a nuisance. The City may then notify the owner or occupant of the vessel and order them to abate the nuisance vessel. This would require the owner or occupant to bring it into compliance by correcting the vessel’s problems and/or by leaving the estuary. The owner or occupant may appeal the nuisance determination, which will be subject to a hearing before a neutral hearing officer. If the hearing officer agrees that the vessel is a nuisance (or if there is no appeal), the City may abate the nuisance itself, taking any necessary actions to correct the violations of the Nuisance Vessel Ordinance, including removing the vessel. In addition to being a nuisance that may be abated, a violation of the Nuisance Vessel Ordinance would additionally be a misdemeanor and subject to civil penalties administrative citation and fines.
WAIVER RATIONALE
Staff recommends waiving the advertising and competitive bidding requirements and request for proposals/qualifications 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. A 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. No single Elizabeth Lake, Interim City Administrator
Subject: Surrendered and Abandoned Vessel Exchange (SAVE) Grant Date: September 21, 2026 Page 4
City Council
October 20, 2026
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.
Authorizing the Oakland Police Department Marine Unit, as the City’s subject matter experts for these operations, to select qualified vendors on an as-needed 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.
Subject matter experts anticipate entering into agreements with qualified vendors on an asneeded 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.
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.
RELATED PLANNING EFFORTS
This agenda item is a routine item and does not relate to any Oakland strategic planning efforts.
FISCAL IMPACT
OPD receives multiple requests to surrender vessels monthly. These vessels are located throughout the Bay Area, with a majority of them being located within the marinas of the Oakland Estuary. The plan to increase the number of surrendered vessels is to provide an effective and streamlined procedure to citizens who request to surrender their vessel. As more funding becomes available to spend towards surrendered vessels, it is predicted that more vessel owners will come forward wanting to surrender their vessel to the state.
Table 1 below outlines the spending plan OPD will utilize for the $75,000 of funding over the 2026-2028 fiscal years for the SAVE grant to fund the abatement, removal, storage, and disposal of current and future abandoned and surrendered vessels. The appropriation is solely an addition to City funds and cannot be used to supplant City funding from any other fund.
Table 1 Spending Plan for SAVE Grant FY 2026-2028
Item Amount
Current/Surrendered Abandoned Vessels $75,000
Total $75,000
Funding will be allocated to the State of California Fund (2159), Support Operations.
Division Org (107510), Program, Project, and Accounts to be determined.
Fund Source Organization Project Program Amount
2159 107510 TBD TBD $75,000
Elizabeth Lake, Interim City Administrator
Subject: Surrendered and Abandoned Vessel Exchange (SAVE) Grant Date: September 21, 2026 Page 5
City Council
October 20, 2026
The grant program guidelines do not allow funds to be used for indirect costs. Therefore, OPD requests that the General Purposes Fund contribute $12,180 (16.24 percent of the grant award). A 10 percent ($7,500) in-kind personnel costs match is required by the grant agreement. The funding code for the Central Services Overhead and in-kind match will be General Purpose Fund (1010), Support Operations Division (107510), Account TBD, Project (1000008), and Program (PS01).
PUBLIC OUTREACH / INTEREST
The City of Oakland has received numerous complaints about these vessels and their impact on the estuary. People involved in rowing on the estuary have registered complaints about the release of raw sewage from these boats that contaminate their boats as they are rowing. Marina residents who legally anchor at docks and marinas note the concern that the derelict boats pose a direct safety hazard for their residences, especially if they break free during storms and crash into legally docked boats. The vessels also pose a risk when anchored in the travel lanes.
Most complaints have been filed through BCDC, and staff from the City Administrator’s Office, Police Department, and Office of the City Attorney have attended numerous BCDC Enforcement Committee meetings where members of the public have urged BCDC to take action against the City of Oakland.
COORDINATION
The City Administrator’s Office, OPD, and the Office of the City Attorney coordinated to implement the Nuisance Vessel ordinance. In researching this ordinance, staff consulted regularly with representatives from BCDC and with the neighboring jurisdictions that share the estuary, including the City of Alameda and the East Bay Regional Park District. OPD has formed relationships with other entities, such as other law enforcement marine units, to reduce costs for estuary cleanup operations.
RACE AND EQUITY
The Oakland Estuary runs alongside neighborhoods with some of the lowest equity indicators.
Efforts at making the shoreline accessible to these communities for outdoor recreation, such as the construction of Union Point Park and the further development of the Bay Trail, are enhanced by a well-maintained estuary.
Elizabeth Lake, Interim City Administrator
Subject: Surrendered and Abandoned Vessel Exchange (SAVE) Grant Date: September 21, 2026 Page 6
City Council
October 20, 2026
ACTION REQUESTED OF THE CITY COUNCIL
Staff Recommends That The City Council Adopt A 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.
For questions regarding this report, please contact Officer Ryan Smith at [email protected].
Reviewed by:
Officer Ryan Smith
OPD, Marine Unit
Prepared by:
Dr. Tracey Jones, Police Services Manager
OPD, Research and Planning Section
Attachment (1):
A: SAVE grant agreement