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File #: RES 25-055    Name: Resolution amending Article V of MC Fee Resolution
Type: BoS Resolution Status: Passed
File created: 4/16/2025 In control: Board of Supervisors
On agenda: 5/13/2025 Final action: 4/29/2025
Title: a. Adopt a Resolution amending Article V of the Monterey County Master Fee Resolution relating to Parks User Fees for park use, enforcement, and rentals, effective May 29, 2025; and b. Authorize the Director of Public Works, Facilities and Parks, or his/her designee to make non-substantive modifications as to formatting only.
Attachments: 1. Board Report, 2. Attachment A - Summary of Proposed Changes, 3. Attachment B - Proposed Article V-Parks User Fees - redline, 4. Attachment C - Draft Resolution with Exhibit 1-Proposed Article V-Parks User Fees, 5. Attachment C - Draft Resolution Resolution, 6. Exhibit 1 - Proposed Article V-Park User Fees, 7. Presentation Item No.pdf, 8. Completed Resolution Item No. 13, 9. Completed Board Order Item No. 13

Title

a.  Adopt a Resolution amending Article V of the Monterey County Master Fee Resolution relating to Parks User Fees for park use, enforcement, and rentals, effective May 29, 2025; and

b.  Authorize the Director of Public Works, Facilities and Parks, or his/her designee to make non-substantive modifications as to formatting only.

Report

RECOMMENDATION:

It is recommended that the Board of Supervisors:

a.  Adopt a Resolution amending Article V of the Monterey County Master Fee Resolution relating to Parks User Fees for park use, enforcement, and rentals, effective May 29, 2025; and

b.  Authorize the Director of Public Works, Facilities and Parks, or his/her designee to make non-substantive modifications as to formatting only.

 

 

SUMMARY/DISCUSSION:

County of Monterey (County) Master Fee Resolution-Article V-Parks User Fees (Article V) was last updated and became effective on April 8, 2021.  A Summary of Proposed Changes is attached as Attachment A.  The redlined version of Article V showing the recommended fees and changes is included in Attachment B.  The Department of Public Works, Facilities and Parks (PWFP) staff evaluated current park operations and reviewed Article V as it pertains to use of facilities and access to parks. 

 

Park fees are authorized by state law pursuant to Government Code, Section 50402.  By definition, changes to these fees are not a “tax” and are exempt from voter approval pursuant to Article XIII C, section 1(e), subpars. (1)-(5) of the California Constitution (Proposition 26, excepting certain fees and charges from the definition of “tax”).  As such, the fees reflect no more than the actual cost of the service/benefit received by the payor.  Proposed changes are designed to align Article V fees with those of other like agencies, while not exceeding, the actual and reasonable costs of services and benefits provided to the public. 

 

Lake Nacimiento and Lake San Antonio operate on seasonal basis and are more impacted by supply and demand as opposed to County day-use parks.  Article V camping, lodging and boating updates provide a range of fees giving more freedom to utilize dynamic pricing models, standard in the industry.  Having set fees removes the ability to respond to market forces and capture as much revenue as possible to offset ever increasing operational expenses.  While the demand for peak season dates is significantly higher, Article V currently removes the flexibility to properly capitalize on market conditions.  Flexibility in pricing based on demand will allow the County to quickly adjust to increase demand by offering lower rates, or increase revenue production during higher demand seasons, weekends, or holidays.

 

In 2023, the County executed a concession agreement with the Friends of Laguna Seca (FLS) for the operation and management of Laguna Seca Recreation Area (LSRA).  FLS sets LSRA fees and will provide an annual list of fees to the Monterey Country Representative (currently, the Chief of Parks) for approval.  As such, LSRA fees have been removed from the proposed Article V.

 

Staff requests the Board of Supervisors adopt a resolution (Attachment C) to amend existing fees and establish new fees in Article V to align County park fees with those of like agencies.  The proposed Article V-Park User Fees is attached to the Resolution as Exhibit 1.

 

OTHER AGENCY INVOLVEMENT:

On April 3 & 14, 2025, the Parks Commission received a report on the proposed Article V updates.  The Parks Commission was unable to comment due to the meetings being cancelled for lack of quorum.  PWFP staff collaborated with the County Administrative Office and Office of the County Counsel.  The Office of the County Counsel reviewed the proposed amendment to Article V of the Monterey County Master Fee Resolution and approved it as to form.

 

FINANCING:

PWFP-Parks consists of two operating units: 1) Park Operations, General Fund 001-Unit 8556, which includes day-use Park facilities (Toro Park, Manzanita Park, Royal Oaks Park, Jacks’ Peak Park, Travel Camp, San Lorenzo Park, Lake San Antonio, and Rifle and Pistol Range); and 2) Lake Operations, Enterprise Fund 452-Unit 8565 (Lake Nacimiento). 

 

When necessary, PWFP will bring needed future updates to the fee schedule in accordance with the Board of Supervisors’ General Financial Policy number 7.4, User Fees, directing that: “all fees be reviewed as necessary and adjusted (as necessary).”  Full cost of providing a service is the basis for setting a charge or fee.  Full cost incorporates direct and indirect costs, including operations and maintenance, overhead, charges for the use of capital facilities, and depreciation.

 

BOARD OF SUPERVISORS STRATEGIC INITIATIVES:

The recommended action supports the Economic Development, Administration, Health & Human Services, Infrastructure, and Public Safety Strategic Initiatives.  Parks provide a safe outdoor recreational environment for people to engage in activities that promote fitness, physical and mental health.  The latter is attributed to reducing violent crimes and crimes in general, which enhance surrounding communities making them attractive areas in which residents thrive, and businesses grow.  Prudent management of County Park facilities, including the establishment of appropriate Parks User fees, ensures that PWFP can continue to offer opportunities for outdoor recreation and green spaces to serve its customers while still recovering costs essential to the financial stability and continued viability of Parks’ infrastructure.

 

 

 X     Economic Development

 X     Administration

 X     Health & Human Services

 X     Infrastructure:

 X     Public Safety

 

Prepared by:    Dona Luna, Management Analyst II (831) 755-5455

Reviewed by:  Bryan Flores, Chief of Parks

Approved by:  Randell Ishii, MS, PE, TE, PTOE, Director of Public Works, Facilities and Parks

 

Attachments:

Attachment A - Summary of Proposed Changes

Attachment B - Proposed Article V-Parks User Fees - redline

Attachment C - Draft Resolution with Exhibit 1-Proposed Article V-Parks User Fees

(Attachments are on file with the Clerk of the Board)