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Division 1, Chapter 2, Article 3 of the California Harbors and Navigation Code concerns small craft harbors and connecting waterways. Section 70 allows the department to prepare plans for, and acquire, construct, develop, and improve, small craft harbors, facilities in connection with the harbors, and connecting waterways.
A small craft harbor so acquired or developed may be transferred, and its operation relinquished, to a county or city, or a district having power to operate a small craft harbor, in which any part of it is located, upon the request of the city, county, or district, if the city, county, or district enters into an agreement with the department for repayment to the state of all costs incurred by the department in acquiring and developing the small craft harbor, including planning costs.
Section 70.2 authorizes the department to prepare or contract for the preparation of plans for, acquire or contract for the acquisition of, construct or contract for the construction of, develop and improve, or contract for the development and improvement of any portion of coastal small craft harbors that are normally nonrevenue producing, such as jetties, breakwaters, dredging, seawalls, piers, and communication centers.
If the nonrevenue producing facilities are to be a portion of an existing harbor, the department, prior to construction of those facilities, must enter into an agreement with the local governing body of the harbor that provides that revenues from harbor operations and harbor district taxes must serve as security for repayment of the state contribution to the cost of construction and the local governing body shall assume responsibility for the operation and maintenance of the facilities constructed under the agreement.
Section 70.3 defines the term “harbor of safe refuse.” Section 70.4 states that no city, county, or district that has received, or is receiving, money under this division for the design, planning, construction, or improvement of a small craft harbor of refuge can exclude the use of that harbor by a commercial boat, or any vessel in need of a safe harbor for refuge purposes.
Section 70.5 lists 18 “harbors of safe refuge.” Also, the use of any harbor listed for safe refuge purposes is subject to the suitability of that location as a harbor of safe refuge as determined by the cognizant Officer in Charge, Marine Inspection, United States Coast Guard.
Section 70.6 states that, if the department acquires, constructs, develops, or improves a small craft harbor but receives no request for transfer of its operation to a city, county, or district willing and able to meet the requisite conditions for a transfer, the department may maintain and operate the harbor.
Section 70.8 allows the department to contract with a federal agency, state agency, or city, county, or district, in the design, planning, construction, development, and improvement of small craft harbors, or for the maintenance and operation of any small craft harbors under the jurisdiction of the department.
Section 71 authorizes the department to provide for the granting of concessions within the boundaries of harbors under the jurisdiction of the department in order to furnish the public with fuel, oil, food, and other facilities, and may grant easements, rights of way, and permits with respect to the harbors.
Section 71.2 requires the department to protect small craft harbors under its jurisdiction from damage and preserve the peace in those harbors. The director and the employees of the department that the director designates have the authority and powers conferred by law upon peace officers. The department may adopt rules and regulations that may be necessary for the purposes of this section. A violation of those rules or regulations is a misdemeanor.
Section 71.4 states that the division, subject to the approval of the Legislature, may make loans to qualified cities, counties, or districts having power to acquire, construct, and operate small craft harbors, for the design, planning, acquisition, construction, improvement, maintenance, or operation of small craft harbors and facilities in connection with the harbors, and connecting waterways, if the division finds that the project is feasible. The rate of interest is specified. The department must develop weighing and ranking criteria to qualify and prioritize the public loans.
Section 71.6 requires the department to encourage cities, counties, and districts that propose to apply for initial loan funding for new small craft harbor development projects to communicate and to work with private enterprise in order to determine if private business could construct and operate the projects’ revenue producing facilities under fair and reasonable terms.
Section 71.6 prohibits a transfer or a loan from being made to a city, county, or district if it would provide for an indebtedness or liability contrary to the provisions of Section 18 of Article XI of the Constitution unless, at an election called by the governing body of the city, county, or district two-thirds of the qualified electors have authorized the governing body to accept, expend, and repay the amount of the indebtedness or liability under this chapter.
Section 71.7 allows loan payments on the loan on behalf of Spud Point Marina in the County of Sonoma to be renegotiated by the division and the County of Sonoma, to solve the fiscal problems involving the marina.
Section 71.8 specifies that a contract for a transfer or a loan for which gross revenues of a small craft harbor are made the security for repayment provisions requiring the governing body of the city, county, or district to perform all seven specified duties. Also, the department may require the contract or agreement to include a requirement that installments of principal and interest on money owed the state to be paid from gross revenues prior to any other expenditures from those revenues.
Section 71.9 states that a city, county, or district may use any excess revenues from rates enacted or from other fees, rates, rents, or charges for services in excess of those revenues required for waterfront improvements, waterfront recreational programs, and purchases of other waterfront property in the waterfront area under its jurisdiction.
Section 72 provides that, if the legislative body of a city, county, or district has acquired, constructed, or improved small craft harbor facilities, the facilities may not be leased in whole or in part to a private concessionaire or lessee until the legislative body has published a notice inviting bids and has otherwise complied with this section. At the time and place fixed in the notice, the legislative body has to meet and consider all bids that have been submitted. The lease is to be awarded to the highest responsible bidder.
Section 72.2 states that, if the legislative body of a city, county, or district has acquired, constructed or improved small craft harbor facilities under circumstances in which the proposed lease area is land or water area and the terms of the proposed lease call for the lessee to install or construct all improvements, the land or water area may be leased by the legislative body without public bidding, but only after a public hearing, public notice of which is to be given by publication for not less than once a week for two weeks in a newspaper of general circulation published in the county in which the land lies.
Section 72.5 authorizes the division, subject to legislative approval, to grant funds to a county, city, district, or other public agency for the construction and development of small craft launching facilities and establish general policies for determining those projects for launching facilities that the division will recommend to the Legislature for grants of Harbors and Watercraft Revolving Fund moneys on the basis of which facilities will serve the public recreational boating needs.
Section 72.7 allows the department to grant funds to any public agency for the construction or procurement of floating restrooms and ancillary items. Section 72.75 permits the department grant funds to any public agency for the construction or procurement of vessel pumpout or dump stations and ancillary items.
Section 72.8 allows the department, subject to a line item appropriation by the Legislature for each proposed project, to grant funds to a county, city, district, or federal agency for the construction of waterway public access facilities used primarily by rafters, canoeists, tubers, and kayakers.
Section 72.9 authorizes the department, subject to a line item appropriation by the Legislature for each proposed project, t acquire property to provide for waterway public access facilities used primarily by rafters, canoeists, tubers, and kayakers, and may also provide for the construction of those facilities, subject to the approval of any state agency that owns the property upon which the facilities will be constructed.
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Author: Chris Micheli
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