City of Sacramento
City Council - 5PM Report
915 I Street Sacramento, CA 95814
www.cityofsacramento.org
File ID: 2023-00206 3/21/2023 Consent Item 3.
Contract: Sean Alexander Marine Services
File ID: 2023-00206
Location: Citywide
Recommendation: Pass a Motion authorizing the City Manager, or the City Manager’s designee, to:
execute a five (5) year contract with Sean Alexander Marine Services Inc. effective February 1, 2023 through January 31, 2028, for a total not-to exceed amount of $839,350. The contract is dependent on grant funding provided by the State of California Department of Parks and Recreation, Division of Boating and Waterways.
Contact: Ethan Hanson, Police Captain, Central Command, (916) 808-8125, [email protected], Police Department
Presenter: None
Attachments:
1-Description/Analysis
2-Agreement
Additional Description/Analysis
Issue Detail: The State of California imposes fines for the abandonment of vessels on public waterways and on public or private property. Collected fines are deposited in the state’s Abandoned Watercraft Abatement Fund (“Fund”). From the Fund, the Natural Resources Agency, Department of Parks and Recreation, Division of Boating and Waterways (“DBW”) is authorized to award grants to local agencies for (1) the abatement, removal, storage, and disposal of abandoned property as described in Harbors and Navigation Code (“HNC”) section 522; (2) disposal of surrendered vessels as defined in HNC section 526.1; (3) disposal of wrecked or dismantled vessels, or parts thereof; or (4) 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. (Harb. & Nav. Code, § 525, subd. (d)(1)(A).)
Generally, a municipal corporation may remove, or cause to be removed, any “hulk, derelict, wreck,
File ID: 2023-00206 3/21/2023 Consent Item 3.
or parts of any ship, vessel, or other watercraft sunk, beached, or allowed to remain in an unseaworthy or dilapidated condition [“abandoned vessel”] upon publicly owned submerged lands, salt marsh, or tidelands within [its] corporate limits . . . for a period longer than 30 days . . . .” (Harb. & Nav. Code, § 522, subd. (a).) Subject to certain conditions, a public agency that removes, or causes to be removed, an abandoned vessel, may sell or otherwise dispose of the vessel. (Harb. & Nav.
Code, § 526, subd. (a).) Additionally, a public agency may take title to a vessel surrendered willingly if (1) “that vessel is in danger of being abandoned, and therefore has a likelihood of causing environmental degradation or becoming a hazard to navigation”; and (2) the public agency’s “decision to accept a vessel is based solely on the potential of the vessel to likely be abandoned and cause environmental degradation or become a hazard to navigation.” (Harb. & Nav. Code, § 526.1.) A surrendered vessel may be disposed of immediately upon acceptance by the public agency. (Harb. & Nav. Code, § 526, subd. (a).)
Finally, under the Sacramento City Code, “[n]o person shall anchor or moor any vessel that is not seaworthy on any waterway or attach any vessel that is not seaworthy to any other vessel that is anchored or moored on any waterway.” (Sac. City Code, § 8.112.030, subs. A.) Unseaworthy vessels may be posted with a 48-hour notice and order to remove the vessel; any vessel not removed within 48 hours may be towed and impounded at the owner’s expense. (Sac. City Code, § 8.112.030, subs.
D.) Vessels not redeemed within 30 days of removal are subject to disposal or sale pursuant to the Boater’s Lien Law (HNC section 500 et seq.) or HNC section 522. (Sac. City Code, § 8.112.100.B.) Pursuant to its authority under HNC section 525(d)(1)(A), DBW has established the Surrendered and Abandoned Vessels Exchange (SAVE) Grant Program. The purpose of the SAVE Grant Program is to effectuate the removal and disposal of abandoned, wrecked, or dismantled vessels, or parts thereof, or any other partially submerged objects which pose a hazard to navigation within a grantee’s jurisdiction. The Sacramento Police Department applies annually for the SAVE Grant due to the prevalence of abandoned vessels along the Sacramento and American Rivers within the City Limits of the City of Sacramento, and the volume of vessels that members of the public wish to surrender, resulting in a waitlist.
At various parts, DBW’s form grant agreement contemplates that the City, as grantee, may enter into sub-contract agreements to satisfy its performance. The Sacramento Police Department does not have the resources necessary to itself remove many abandoned or unseaworthy vessels from the waterways. Sean Alexander Marine has previously been contracted by the City to remove abandoned or unseaworthy vessels from the City’s waterways. In the past year, Sean Alexander Marine has removed approximately 50-55 vessels from the City’s waterways. These vessels include submerged or partially submerged vessels, as well as those in derelict condition with the potential to become submerged. On at least two occasions, Sean Alexander Marine has removed vessels submerged within the berthing area of the Sacramento Marina (i.e., moored to slips), as well as derelict vessels moored at the Old Sacramento Dock. Sean Alexander Marine not only removes the identified vessels from the waterways, but also abates any hazardous materials aboard, and assists in the disposal of vessels. The contractor is responsible-in accordance with federal, state, and local
File ID: 2023-00206 3/21/2023 Consent Item 3.
laws-for the proper and lawful handling, abatement, removal, storage, and/or disposal of any hazardous substances encountered in the execution of the Agreement.
The SPD has secured State of California grant funding that will provide funds for the abatement, removal, storage and/or disposal of marine debris/vessels. SPD continues to work on providing public information on how to safely dispose these vessels before they become a hazard. While officers are patrolling the Sacramento River, it is a top priority to ensure that the vessels that are abandoned are removed safely and promptly.
Policy Considerations: The recommendations contained in this report are consistent with Sacramento City Code section 3.56.090 which requires Council approval for service and supplies contracts over $250,000.
Economic Impacts: Not applicable
Environmental Considerations: The proposed activity is exempt from the California Environmental Quality Act (CEQA), pursuant to Guidelines §§ 15307 and 15308 (referred to as “Class 7” and “Class 8” exemptions), which establish an exemption from CEQA for “actions taken by regulatory agencies as authorized by state law or local ordinance” either “to assure the maintenance, restoration, or enhancement of a natural resource” in the case of a Class 7 exemption or “to assure the maintenance, restoration, enhancement, or protection of the environment” in the case of a Class 8 exemption; § 15301 (maintenance, operation, repair of public and private facilities involving negligible or no expansion of existing or former use); § 15330 (any minor cleanup actions taken to prevent, minimize, stabilize, mitigate, or eliminate the release or threat of release of a hazardous waste or substance which are small or medium removal actions costing $1 million or less); and § 15061 (common sense exemption) because it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.
Sustainability: Not applicable
Commission/Committee Action: Not applicable
Rationale for Recommendation: The SPD Marine Unit does not have the capability to extract submerged vessels from waterways and to ensure they are properly disposed. Through a competitive bid process (BID No. B231100117104), Sean Alexander Marine Services, Inc. was selected as the lowest responsive bidder for properly extracting, removing, and disposing of derelict and abandoned vessels from the City’s waterways.
Financial Considerations: This contract will be funded through DBW grant awards and will not have financial impact to the General Fund. Should the SPD not be awarded grant funding, the contract will be cancelled.
File ID: 2023-00206 3/21/2023 Consent Item 3.
Local Business Enterprise (LBE): The LBE waiver has been completed and signed.