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Agenda Item
ASR
Control 12-000171 |
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MEETING DATE: |
05/08/12 |
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legal entity taking action: |
Board of Supervisors and Orange County Flood Control
District |
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board of supervisors
district(s): |
3 |
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SUBMITTING
Agency/Department: |
OC Community Resources (Approved) |
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Department contact
person(s): |
Rich Adler (949) 923-3752 |
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Johanne Mayo (949) 923-3768 |
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Subject:
Orange County Coastkeeper Kayak
Program – Santa Ana River
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ceo Concur |
County
Counsel Review |
Clerk of the Board |
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Concur |
Approved Agreement to Form |
Consent Calendar |
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3 Votes Board Majority |
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Budgeted: N/A |
Current Year Cost:
N/A |
Annual Cost:
N/A |
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Staffing Impact: No |
# of Positions:
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Sole Source:
N/A |
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Current Fiscal Year Revenue: N/A |
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Funding Source: N/A |
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Prior Board Action: N/A
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RECOMMENDED ACTION(S):
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Acting as the Board of Supervisors of the County of Orange and the Orange County Flood Control District: |
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1. |
Find the subject project is Categorically Exempt (Class 4) from the provisions of CEQA pursuant to Section 15304 of the CEQA Guidelines. |
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2. |
Pursuant to Orange County Ordinance No. 3216, authorize Orange County Coastkeeper to conduct a kayak program on the Santa Ana River Channel – E01, specifically subject to the limitations and requirements set forth in OC Parks Permit No. P2012-00037. |
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3. |
Approve OC Parks Permit No. P2012-00037 in substantially the same form as Exhibit C and authorize the OC Parks Director or his designee to execute the Permit. |
SUMMARY:
Authorization for Orange County Coastkeeper to conduct a guided kayak program on the Santa Ana River Channel from the Gypsum Canyon Bridge to the Weir Canyon Bridge subject to the limitations set forth in OC Parks Permit No. P2012-00037 and approval of the Permit will support increasing recreation and environmental education activities within Orange County.
BACKGROUND INFORMATION:
In December 2011, Orange County Coastkeeper submitted a proposal to the County for the County’s consideration to allow Coastkeeper to conduct guided kayak trips on the Santa Ana River, limited to the area from the Gypsum Canyon Bridge to the Weir Canyon Bridge. The Coastkeeper proposal was a follow-up to an April 2011 letter submitted by Coastkeeper to your Board contending that the public should have access to the Santa Ana River as “navigable waters”, citing the U.S. and California Constitutions and California Law. In June 2011, OC Parks had a professional kayak survey conducted, described further below, to determine whether a kayaking program was feasible. A similar kayak program was established on the Los Angeles River by the Los Angeles Conservation Corps last year.
The proposed trips would take place along a stretch of the river that passes through property owned by the County (Featherly Regional Park) and the Orange County Flood Control District (Exhibit A: Location Map). Coastkeeper’s purpose for the kayak trips, in addition to providing recreation, include opportunities to educate the participants about the Santa Ana River watershed, wildlife habitat, and water quality.
Due to public health and safety concerns, Orange County has an ordinance prohibiting members of the public from kayaking and other water-related activities in rivers and channels owned by the Orange County Flood Control District unless it is specifically authorized by the Orange County Board of Supervisors.
Title 3, “Public Morals and Safety,” Division 9, “Public Safety”, Article 5, Section 3-9-35 of the County’s Codified Ordinances (Water-related activities prohibited in designated channels) states:
Except for public officers in the performance of their duties, and those authorized by the Board of Supervisors, it shall be unlawful for any person to wade, bathe, skin dive, swim, float, launch or occupy any paddleboard, surfboard, kayak, canoe, boat, tube, or similar craft, or any object or device capable of transporting a person on or in any creek, channel, canal, river, ditch, pipe or aqueduct within the jurisdiction and control of the Orange County Flood Control District. Said creeks, channels, canals, rivers, ditches, pipes and aqueducts include, but are not limited to: [Santa Ana River Channel – E01].
OC Parks and OC Public Works staff have been working cooperatively with Coastkeeper to establish the operational conditions and requirements for a kayak program that would mitigate health and safety concerns. In June 2011, OC Parks contracted with Southwind Kayak Center to survey and provide a report (Exhibit B) on the proposed kayak trip course; the report includes general guidelines and recommendations specific to conducting the Coastkeeper kayak program in a safe manner.
Subsequent meetings between County staff and Coastkeeper representatives led to preparation of OC Parks Permit No. P2012-00037 to cover the program through September 30, 2012 (Exhibit C).
The Permit includes or will include:
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a. |
Orange County Coastkeeper Kayak 2012 Program Operational Plan and Schedule. |
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b. |
Orange County Coastkeeper Kayak Waiver of Liability form. |
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c. |
County of Orange Property Permit allowing various activities identified in the 2012 Operational Plan and Schedule. |
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d. |
California Department of Fish and Game Streambed Alteration Permit for tree trimming in the river to ensure safe navigation or a California Department of Fish and Game letter indicating no permit is needed. |
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e. |
U.S. Army Corps of Engineers Section 404 Permit or Corps of Engineers letter indicating no permit is needed. |
The County’s ordinance requires Board of Supervisors authorization of the kayak program before any such Permit is issued. OC Parks is requesting that your Board authorize the program and approve OC Parks Permit No. P2012-00037, in substantially the same form as Exhibit C, and authorize the OC Parks Director or designee to execute it.
The program will be limited to guided tours on weekends, most likely starting in May. The program will be conditioned to ensure that the health and safety of the participants is paramount and that liability waiver forms are executed by all program participants. The Operational Plan and Schedule attached to the Permit provides more details regarding the program.
Your Board’s authorization of the kayak program and approval of the Permit are for this year only. Any future kayaking programs or activities will require subsequent Board authorizations and Permit approvals.
Compliance with CEQA: The subject project is Categorically Exempt from the provisions of CEQA pursuant to Section 15304 of the CEQA Guidelines (Class 4 – Minor Alterations to Land).
OC Parks Commission: The Commission considered this item at its meeting on February 2, 2012 and recommended Board approval.
FINANCIAL IMPACT:
N/A
STAFFING IMPACT:
N/A
REVIEWING AGENCIES:
CEO/Risk Management
EXHIBIT(S):
Exhibit A: Location Map
Exhibit B: Kayaking the Santa Ana River - Report
Exhibit C: OC Parks Permit No. P2012-00037