Special Assignments And Investigations

SACRAMENTO (CBS13) ― The Port of Sacramento is home to major barge traffic, the occasional fisherman, even several rowing clubs. But look closer and you'll find that there is another neighbor at the port. A neighbor with a darker history who has been living here for years without permission, and the port has done nothing to stop him.

It's far different than the residents who arrived in May of 2007. That's when the Port got major international attention because two whales, later named "Delta" and "Dawn", made the port their home. Those whales only lived here for a number of days, turning around to head back out to sea.

But the other neighbor, that one with the darker past, is probably someone you've never heard of. His name is Wiley Edward Umsteed. According to the Megan's Law website he's a convicted sex offender and his last known address is listed as Zero, Deep Water Ship Channel in West Sacramento. Wiley Umsteed, a convicted sex offender, is living on a boat in a little turnaround area of the port.

The West Sacramento Police Department says Umsteed dropped anchor in the Port of Sacramento 13 years ago and he's been living here, on his boat, without a permit, rent free, ever since. He's within shouting distance of the River City Rowing Club, where every summer they hold a rowing camp for teenagers. Teenagers who routinely row right past convicted sex offender Wiley Umsteed's boat.

"Wow," was all Wendy Lokteff, one of the parents watching her son row said when we showed her Umsteed's information. She had no idea her teenage son was among those rowing a boat right past a known sexual predator.

"I never would've thought that I'd have to check out on the water somewhere because my kids were out rowing in the river."

But officials say Umsteed isn't violating any sexual offender laws by living on this boat. They say he is registered, they know where he is, and it's not illegal for sex offenders to live on boats. The California Attorney General's office, who runs the Megan's law website, says that since the ship channel is Umsteed's registered address and he's not near a school or daycare, the A.G.'s office has no reason to remove him.

Umsteed has been stopped by West Sacramento Police for riding his bike around the port, but he wasn't violating any laws because this is his registered address.
But Umsteed has other problems to worry about . . . like where he parks his truck.

"That is something we're pursuing as part of this code enforcement act," says Mike Luken, manager of the Port. Luken says they've opened an investigation into Umsteed's residency at the port. When we asked why Wiley Umsteed has been allowed to park his truck on port property. "That is part of this ongoing investigation and I actually would not like to comment on that at this point."

In addition to parking there, possibly illegally, they say he's anchored his boat in the port, without a permit, for years, a boat whose registration, according the California Department of Motor Vehicles expired in December of 2007. It's not the only boat without a permit in this port.
"It's our understanding that there's about five," says Luken.

Five boats, anchored in the Port of Sacramento, with no permits. Yet the City of West Sacramento, who recently took over operation of the port, says they haven't done anything about these boats because the people who used to run the port never told them about it.

We wanted to know how, as an enforcing agency, keeping the laws of the city and the sate, they didn't see boats out in the water for a number of years that have no permit. We also wanted to know why we had to wait for a complaint to be filed before they would act on the residents at all.

"That is the system that the City of West Sacramento employs," says Luken. "We took our lead from the Port of Sacramento and they didn't notify us that it was an issue."

West Sacramento marine regulations require that a boat anchored for any length of time have a permit. But inspectors tell CBS 13 that Wiley Umsteed and others argue that the ship channel is a federal water way and there is no federal requirement that they have a permit so they shouldn't have to move. Permit or not, all boats have to meet basic seaworthiness and safety regulations.

Doctor Bill Fleenor, a civil engineer and researcher at U.C. Davis, says that boat owners are required by law to take their boats to a pumping station to remove human waste from their holding tanks. If any boater dumps raw human waste into the Port of Sacramento, they're doing more than breaking the law.

"If there's human contact with this water [if waste is dumped]," warns Fleenor, "that could be problematic from a virus and disease standpoint."

Inspectors tell CBS 13 that Umsteed's boat meets the safety guidelines but they admit they have no idea of these boats have been disposing of their waste properly or dumping it into the water.

"We've heard rumors that that has happened," says Luken. "We do not have knowledge that they're not, either."

For now the boats sit there. On one of them lives a known sex offender. All five argue that nothing prevents them from making this port their home. Still, Wendy Lokteff and her husband wonder if this is a good place for their children.

"First and foremost, whether any of our daughters would ever be allowed to come out here," says Lokteff. "We do have a son that we have to think about that, too."

Every county has a different set of regulations for whether a boat can be anchored out in the water. Sacramento County had no regulations, but starting in January they will require boaters to get a permit if they're anchored in one spot for more than 30 days. Yolo County has similar marine regulations. But Wiley Umsteed and the other four boat owners still believe that the federal waterway status lets them stay anchored in the port and city regulations shouldn't apply. So until federal officials decide what, if anything, they can do about these boats, they'll stay right where they are.

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