Title
Parks, a division of the Chief Administrative Office, recommending the Board:
1) Make findings pursuant to Government Code 6500 et seq. that under the Joint Exercise of Powers Act two or more public agencies may enter into an agreement to jointly exercise a power they have in common;
2) Make findings that Amendment I to Joint Powers Agreement 5079 is exempt from the California Environmental Quality Act (CEQA) under Section(s) 15268 (Ministerial Project) and 15301 (Existing Facilities) of the CEQA Guidelines;
3) Approve and authorize the Chair to sign Amendment I to Joint Powers Agreement 5079 with California State Parks for Concessionaire Whitewater Outfitter Permitting on the South Fork of the American River, for a two-year term extension; and
4) Authorize the Purchasing Agent to execute any future amendments to Joint Powers Agreement 5079 that do not alter the amount nor the term, contingent upon approval by County Counsel and Risk Management.
FUNDING: State Park User Fees.
Body
DISCUSSION / BACKGROUND
In 1981, the County began active management of commercial outfitters on the South Fork of the American River. El Dorado County implements the River Management Plan (RMP), and issues Commercial Whitewater Outfitter permits in order to regulate overall numbers and concentration of commercial use, time-of-day restrictions, pollution and sanitation control. Lands managed under jurisdiction of the County comprise of land either owned by the County (such as Henningsen Lotus Park) or held privately (privately owned lands contain commercial, residential, and undeveloped parcels).
Other governmental agencies with jurisdiction in the South Fork corridor include the Bureau of Land Management and the State of California Department of Parks and Recreation (California State Parks). California State Parks manages Marshall Gold Discovery State Historic Park and the Folsom Lake State Recreation Area.
The County maintains the lead role in managing whitewater recreation activities on lands adjacent to the river. On November 10, 2020, with Legistar file 20-1319, the County entered into the five-year Joint Powers Agreement 5079 that expires on January 11, 2026, with California State Parks to consolidate services to coordinate the management of concessionaire permits for commercial outfitters’ river access and activities. State Parks has proposed a two (2) year extension amendment to Agreement 5079 to continue uninterrupted operations while a renewal agreement is prepared.
As detailed in the Joint Powers Agreement, the County administers outfitter count reports, in addition to:
- Issuing permits to commercial outfitters, on behalf of the State, administering and collecting user fees from commercial outfitters for their put-in and take-out at State Park lands; and
- Reviewing the reporting forms on behalf of the State; and
- Collecting fees on behalf of State Parks rather than requiring outfitters to send separate payment directly.
The County charges $2.00 per person and the State charges $3.00 per person at put-in or take-out. The County will keep $0.50 per person of the State Park fees and issue a check to the state for $2.50 per person on a quarterly basis.
It is anticipated that the amendment to this agreement will yield an annual County river usage fee revenue of approximately $25,000.
ALTERNATIVES
The Board could choose not to approve Amendment I which would require the State to take back administration of their commercial outfitter permits on the South Fork of the American River.
PRIOR BOARD ACTION
Legistar File 16-0032 - May 16, 2016 - Consultant Funding Approval to coordinate discussions with BLM and State Parks on whitewater recreation management.
Legistar File 20-1319 - November 10, 2020 - Joint Powers Agreement 5079 Adoption.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Central Fiscal
County Counsel
California State Parks
CAO RECOMMENDATION / COMMENTS
Approve as recommended.
FINANCIAL IMPACT
Approval of this item is anticipated to bring in approximately $25,000 each year which recovers costs for County staff to administer the permits. There is no impact to Net County cost.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1. Obtain the Chair's signature on Amendment I.
2. Return one copy of the fully executed Amendment I to the Parks Division, Attention: Zachary Perras.
CONTACT
Zachary Perras, Parks Manager