Agenda Item   

AGENDA STAFF REPORT

 

                                                                                                                        ASR Control  18-000923

 

MEETING DATE:

10/16/18

legal entity taking action:

Board of Supervisors and Orange County Flood Control District

board of supervisors district(s):

5

SUBMITTING Agency/Department:

OC Public Works   (Approved)

Department contact person(s):

Khalid Bazmi (714) 667-3213 

 

 

Amanda Carr (714) 955-0601

 

 

Subject:  Accept Contributions for Bird Abatement Services at Monarch Beach

 

      ceo CONCUR

County Counsel Review

Clerk of the Board

Concur

Approved Agreement to Form

Consent Calendar

 

 

3 Votes Board Majority

 

 

 

    Budgeted: Yes

Current Year Cost: $22,000

Annual Cost: FY 2019-20 $42,000
FY 2020-21 $42,000

 

 

 

    Staffing Impact:

No

# of Positions:

Sole Source: No

    Current Fiscal Year Revenue: $44,000

  Funding Source: See Financial Impact Section

County Audit in last 3 years: No

 

 

    Prior Board Action: N/A

 

RECOMMENDED ACTION(S):

 

 

1.

Find that the action is categorically exempt from the CEQA, Class 1 (Existing Facilities), Class 7 (Actions by Regulatory Agencies for Protection of Natural Resources) and Class 8 (Actions by Regulatory Agencies for Protection of the Environment) pursuant to CEQA Guidelines, Section 15301, 15307 and 15308.

 

2.

Authorize the Director of OC Public Works or designee to accept contributions from the City of Dana Point and MBR Operating Co., Inc., dba Monarch Beach Resort, to help offset the cost of bird abatement services at Monarch Beach and execute a Cost-Share Agreement.

 

3.

Authorize Director of OC Public Works or designee to renew the Cost Share Agreement under substantially the same terms, for up to three additional years.

 

 

 

 

SUMMARY:

 

Acceptance of contributions under a Cost-Share Agreement between the Orange County Flood Control District, the City of Dana Point and MBR Operating Co., Inc., dba Monarch Beach Resort, will help offset the cost of efforts to limit the seagull population and improve water quality at Monarch Beach and Salt Creek at Monarch Beach. 

 

 

 

BACKGROUND INFORMATION:

 

The non-profit organization, Heal the Bay, publishes annual “report cards” for beaches along the entire coastline of California, based on available water quality monitoring data.  The organization grades beaches on water quality issues, including bacteria levels, the elevation of which can lead to swimmer illness.  Salt Creek at Monarch Beach (Beach) received failing grades on the 2015-2016 Heal the Bay Beach Report Card and was listed as a "Beach Bummer."

 

The Beach is located up coast of the mouth of the Salt Creek Watershed in the City of Dana Point (City).  The area of land above the mean high tide mark at the Beach is under the ownership of Monarch Beach Homeowners Association, a private entity; the area of Beach at the mouth of Salt Creek Watershed is part of Salt Creek Beach Park, a County of Orange park; and beach access is provided to patrons of the MBR Operating Co., Inc. dba Monarch Beach Resort (Resort). 

 

An Orange County Flood Control District (District) facility, Salt Creek Channel, accepts runoff from Salt Creek Watershed, the Resort and neighboring residences, then discharges onto the Beach. While the City and District have structural best management practices in place designed to reduce pollutants entering the water (such as the Salt Creek Urban Runoff Ozone Treatment Facility and inlet filters), the seagull population that congregates on the Beach has been identified as a potential source of bacteria that may not be best addressed through these mechanisms. 

 

In 2016, the District launched a three-month bird abatement pilot project to determine whether discouraging seagull congregation by the controlled presence of predatory birds on the Beach would reduce the levels of bacteria in the Salt Creek outlet.  The presence of a tethered falcon or hawk managed by a falconer proved effective in reducing the number of seagulls gathering at the beach and resulted in significant improvement to the water quality in the surf zone, as demonstrated through water quality monitoring results. The District continued to employ bird abatement services on the Beach during the spring and summer months of 2017 and 2018.  The Beach earned A+/A grades on the 2016-2017 Heal the Bay Beach Report Card.

 

Based on the success of the bird abatement efforts, the City and Resort (whose patrons frequent Monarch and Salt Creek Beaches) support the use of falconry services on the beach and wish to have the program continue.  Both have expressed desire to enter into a Cost-Share Agreement MA-080-18010044 (Agreement).  The Agreement stipulates that City and Resort make equal financial contributions to help offset the program costs already incurred by the District during 2017 and 2018 (the falconry program spans the spring-summer months, when the beach-going population is highest).  The Agreement further stipulates equal cost share amongst the parties on a going-forward basis, toward future program costs, in the event the parties agree to renew. Specifically, the Agreement provides for contributions from the City and Resort in the amount of $20,000 each for costs incurred in 2017, and $22,000 each for costs incurred in 2018, with the option to renew for up to three additional one-year terms, subject to mutual consent of all parties.  The total cost contribution from City and Resort for 2017 and 2018 effectively reduces the District already-incurred program costs (shared between the District and OC Parks) by $84,000. Should the parties elect to renew, the Agreement provides that each party would contribute a third toward future costs.

 

Compliance with CEQA: The proposed action is categorically exempt from CEQA pursuant to CEQA Guidelines sections 15301, 15307 and 15308, because it relates to bird abatement efforts at existing facilities, to protect natural resources and the environment.

 

 

 

FINANCIAL IMPACT:

 

Appropriations and Revenue for this Agreement are included in the FY 2018-19 Budget for OC Flood Fund, 400, OC Parks Fund 405 and will be included in the budget for future years.  The City and Resort will also contribute funding to offset costs. The estimated usage of this Agreement is Budget Control 400, OC Flood 16.66%, 405, OC Parks, 16.66%, the City 33.34% and Resort 33.34%.  Appropriations for the fifth and final sequential year will be included in the future year budget.

 

 

 

STAFFING IMPACT:

 

N/A

 

 

 

REVIEWING AGENCIES:

 

OC Community Resources/OC Parks

 

ATTACHMENT(S):

 

Attachment A - Cost-Share Agreement MA-080-18010044