SUBJECT:
PUBLIC HEARING AND CONSIDERATION OF RESOLUTION 21-28 ESTABLISHING THE CITY OF WEST SACRAMENTO BOOK OF FEES FOR WATERFRONT ACTIVITIES
INITIATED OR REQUESTED BY: REPORT COORDINATED OR PREPARED BY:
[ ] Council [X] Staff [ ] Other
Larry T. Lee, Senior Program Manager – Parking Economic Development and Housing
ATTACHMENT [X] Yes [ ] No [ ] Information [ ] Direction [X] Action OBJECTIVE
The objective of this report is to provide information for the purpose of conducting a public hearing for Council consideration of Resolution 21-28 establishing the Book of Fees for waterfront activities.
RECOMMENDED ACTION
Staff respectfully recommends that Council: 1. Conduct a public hearing; and
2. Adopt Resolution 21-28 establishing the Book of Fees for waterfront activities. BACKGROUND
In 1982, prior to the City’s incorporation in 1987, Tom Raley installed steel pilings, a floating wooden dock, gangway, and a walkway from the top of the levee to the Sacramento River under a lease from the California State Lands Commission. The dock originally served as a personal boat dock for the Raley family, and later served as a mooring and boarding area for the tour boat Elizabeth Louise and as a stop for the River Otter Water Taxi Service.
In 2002, the City of West Sacramento entered into a Docking Agreement with the Raley family. In 2008, the dock was deemed unsafe, and all use was discontinued. In 2010, the City executed an Option Agreement for the River One property for a potential hotel project. As part of the Option Agreement the City agreed to assume the in-stream dock and the associated California State Lands Lease (PRC 6002.1).
In October 2011, a Notice of Violation was issue by the Central Valley Flood Protection Board (CVFPB) for the immediate removal of the floating docks and gangways because they posed a threat to public safety and to the State’s flood control system. The steel pilings were allowed to remain in the floodway, provided they were properly marked for visibility and for boat traffic. On January 26, 2012, the City entered into a new California State Lands Lease (PRC 6002.9) to authorize the emergency removal of the dock and with the provision that the City provide a final dock rehabilitation plan within a 12-month period. The dock removal was completed on January 12, 2012. On May 8, 2013, the City Council awarded a contract to GHD Inc. for engineering design, environmental assessment and permits for the new dock. On October 16, 2013, following a City Council workshop on the design and layout of the new dock, staff was directed to pursue grant funding opportunities for the project.
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In October 2018, as part of the “River Crossing” project, a Call for Artists was issued for the purpose of naming the public boat docks on both sides of the Sacramento River. In January 2019, panelists selected the art concept developed by British artist Joshua Sofaer, titled “I Want to Communicate with You.” The proposed art piece is comprised of two sets of navigational light boxes, one on each side of the Sacramento River. The light boxes are intended to unite the two sides of the river and the naming of each dock was selected by a panel of judges from over 650 nominations. The West Sacramento dock was named after Etenesh Zeleke, whose name means “you are my sister.”
On July 17, 2019, a Contract for Construction Services was awarded to The Dutra Group to construct the Etenesh Zeleke Public Boat Dock (the “Dock”). The construction of the Dock spanned two construction seasons and was completed February 2021, including the art installation.
The Dock will provide safe daily and overnight dockage for transient boaters, an amenity that has not been available in West Sacramento for over a decade. Boaters will now have the option of tying up directly to the West Sacramento shore, dining at easily accessible Washington and Bridge District eateries, enjoying a River Cats game at Sutter Health Park, as well as participating in special events at River Walk Park or in other parts of the City. Guests can further explore miles of multi-modal riverfront trails, taking in the views of the river, wildlife, and public art.
At the time of writing this staff report, Council is scheduled to have the second reading and adoption of Ordinance 21-5 on May 5 which would update the City’s municipal code as it relates to regulating the waterway and the Dock, including adding section 12.56.100 that would require all vessels obtain a Berthing Permit when berthing at the Dock. Under the new section 12.56.110, Berthing Permit fees at the Etenesh Zeleke Public Boat Dock shall be established by resolution of the City Council. Establishment of this new fee requires that the Council hold a public hearing prior to considering the Recommended Action. Resolution 21-28 will establish the Book of Fees for waterfront activities.
ANALYSIS
As envisioned in the City’s grant application to secure grant funding for the Dock, staff recommends a fee be charged for the Berthing Permit, but only for overnight stays, to be defined as stays between 9:00 P.M. and 6:00 A.M. seven days a week including holidays. This fee would be comparable to other public docks in the area and will help with some recovery of staff and administrative costs to operate the Dock, including repair, maintenance, and equipment. Day use of the Dock would remain free at this time. As use of the Dock increases over time and there is a need to increase regulation and enforcement to comply with grant conditions or to ensure safe and efficient operations and maintenance of the Dock, staff may quickly need to require the fee become effective at a time earlier than 9:00 P.M. or, in some cases such a busy summer holiday weekend, all day.
To maximize efficient use of the Dock, staff recommends a seasonal flat rate as shown in Exhibit A. During the slower fall, winter, and spring months, the rate would be lower to reflect the seasonal decrease in demand. During the summer months, the rate would increase to accommodate the higher seasonal demand and also better reflect the increased operations and maintenance costs. Staff will monitor Dock usage and may return to Council at a later date to adjust rates if needed and add additional activities to maximize usage and accessibility of the Dock.
A rate tied to the length of the vessel was also examined by staff but is not recommended at this time due to complexities in calculating and enforcing such a rate and developing an efficient procedure to collect such a rate through existing technology platforms. Currently, public docks in the area have a labor-intensive process where users are supplied with a paper envelope where they must hand write their vessel length and self-calculate their fee. Users then insert cash or a check into the envelope, seal it, and deposit it into a locked metal container on the dock for later collection by staff. In order to enforce, operators must then physically unlock the metal container, ensure correct user calculation of the rate, count and handle the cash payment. Because of this, and in consultation with other operators, a flat rate is recommended.
Staff checked with the California Department of Boating and Waterways and this fee is in compliance with the grant’s conditions as it will not generate more revenue than expenditures.
or vessel name through the payment platform of their choice to record their payment. Staff will have real-time access through mobile devices to see which vessels have paid sessions. Vessels that Dock but do not have a valid Berthing Permit would be subject to enforcement action in accordance with local, state, and federal laws, including potential fines, seizure and lien sale of the vessel in severe cases. Details of enforcement procedures are still being developed by staff. In talks with the City of Sacramento, they will also be working to implement the same payment and enforcement procedures at their Isabel S. Naranjo Public Dock, formerly named the Old Sacramento Public Dock. This will help improve the overall visitor experience by providing familiar operations for the whole region.
Proposition 26
Proposition 26 was passed by the voters on November 2, 2010, amending Article XIII C of the state constitution (Attachment 3). According to the ballot measure, the intent of the measure is to ensure the effectiveness of Propositions 13 and 218 by providing a definition of a “tax” for state and local purposes “so that neither the Legislature nor local governments can circumvent these restrictions on increasing taxes by simply defining new or expanded taxes as “fees.” Thus, under Proposition 26 a tax has been defined broadly to include any levy, charge, or exaction of any kind imposed by a local government, except for seven specified categories of charges. Moreover, the City bears the burden of proving that a fee or charge is not a tax. The fees being proposed here are not a tax under Proposition 26 as it falls under Exception 4, use of City property:
Exception 4: A charge imposed for entrance to or use of local government property, or the purchase, rental, or lease of local government property
Environmental Considerations
This action is not a project subject to CEQA because it involves the establishment, modification, structuring, restructuring, or approval of rates, tolls, fares, or other charges by public agencies which the public agency finds are for the purpose of meeting operating expenses; and the creation of government funding mechanisms or other government fiscal activities that do not involve any commitment to any specific project that may result in a potentially significant physical impact on the environment. (California Pub. Res. Code section 21080; CEQA Guidelines sections 15378.)
Commission Recommendation
On September 30, 2019, staff presented information on the public boat dock and associated public art planning, design and installation effort to the Arts, Cultural, and Historic Preservation Commission. Staff also encouraged the Commission to promote the nomination process for the River Crossings art project. At that time, the Commission supported the dock project, as well as the associated art element. Although specific municipal code and fee updates were not presented to the Commission, there was general support by the Commission for future actions needed to regulate the new dock facility, including establishing permits, fees and enforcement actions. Strategic Plan Integration.
This project aligns with Vision 2027 Guiding Principle B, “Riverfront: A Regional Destination,” providing public access for recreational use with the River Walk. This project will also meet the objectives of Goal 2 (“Riverfront Alive”) of the City’s Strategic Plan 2012, by implementing the Joint Riverfront Master Plan and enhancing public access, recreational and cultural opportunities. This project also supports the City Council’s 2019 Strategic Plan Goal, West Sacramento: A Preferred Place to Live, Work, and Play by offering a new recreation amenity that also supports economic development. Additionally, the Dock was included in the 2019 Parks, Recreation and Open Space Master Plan and supported by City Council as part of the City’s 2019 Strategic Plan Management Agenda High Priority item: “Parks, Recreation and Open Space Master Plan Implementation.
Alternatives
Staff recommends that the City Council approve the Recommended Action.
Alternatively, the City Council could modify the recommendation in one or more of the following ways:
1. Propose additional modifications to the fees and direct staff to return at a future date with additional information and/or a modified fee schedule; or
2. Decline to take action on this item, and direct staff to discontinue work on the proposed fees.
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Coordination and Review
This proposed fee was coordinated with the City Attorney’s Office and the Finance and Technology Department. Budget/Cost Impact
Staff conservatively estimates that the Dock could generate approximately 450 overnight stays per year, which would translate to over $10,000 in revenue per year.
Adoption of the proposed fees could result in an increase in staff time as the new fee may trigger increased enforcement activities and management. Purchase and installation of a payment machine is estimated to cost $10,000. Annual on-going costs for the machine are projected to be $1,500 for data fees, repair, maintenance, materials, and to implement bi-annual changes to the seasonal rate. This cost can increase significantly should there be damage or theft of the machine. The Parking Fund 219 has sufficient appropriations for the acquisition of the equipment; and, has included the cost of the additional contract Dock enforcement costs in its Fiscal Year 2021/22 Budget for Fund 219.
The anticipated revenues and enforcement costs will be incorporated in the upcoming biennial budget. Staff will assess actual collections and revenues over the next year after the Dock opens and recommend changes in the budget as needed. This new fee is anticipated to be implemented soon after Council’s approval.
ATTACHMENT(S) 1. Resolution 21-28
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST SACRAMENTO ESTABLISHING THE BOOK OF FEES FOR WATERFRONT ACTIVITIES
WHEREAS, the City Council has the authority to establish fees or service charges which do not exceed the reasonable cost of enforcing regulatory activities or providing product or service; and
WHEREAS, the City Council constructed the first public dock facility and is intending to charge fees for usage; and
WHEREAS, it is anticipated that on May 5, 2021, the City Council will adopt Ordinance 21-5 establishing fees related to waterfront activities; and
WHEREAS, the City Council has exercised this authority by adopting Resolution No. 89-128 establishing the City of West Sacramento Book of Fees; and
WHEREAS, this Book of Fees is amended from time to time to reflect changes in the cost of enforcing regulatory activities or providing product or service; and
WHEREAS, the City Council wishes to amend the Book of Fees to adopt fees for various City services.
NOW, THEREFORE, BE IT RESOLVED, ORDERED, AND FOUND by the City Council of the City of West Sacramento that:
1. The various fee and fine schedules attached (as Exhibit A) hereto and incorporated by reference herein are hereby adopted into the City of West Sacramento Book of Fees.
2. The City Council finds that as required by various government codes, it has held at least one public hearing at which oral or written presentations could be made, as a part of a regularly scheduled meeting, and that notice of the time and place of the meeting, including a general explanation of the matter to be considered, and a statement that the data of this matter is available, was noticed by publication two times over a period of ten days with at least five days intervening between dates of publication, in a newspaper of general circulation in the City; and a first class mailing was made to anyone filing a written request.
3. The fees and charges adopted herein are to become effective on May 5, 2021, unless otherwise indicated on the fee schedule or provided for in California law.
PASSED AND ADOPTED by the West Sacramento City Council this 5th day of May 2021, by the following vote:
AYES: NOES: ABSENT:
___ Martha Guerrero, Mayor
ATTEST:
Exhibit A CITY OF WEST SACRAMENTO
BOOK OF FEES
Description Authority Effective Date
WATERFRONT ACTIVITIES Ordinance 21-5 May 5, 2021
1. Etenesh Zeleke Public Dock Use:
Season Overnight Rate
Fall through Spring
(The day after Labor Day through the Thursday before Memorial Day) $24 per night Summer
