Title
a. Approve Right of Entry, Mutual Indemnification and Reimbursement Agreement (Agreement) between the County of Monterey and the Moss Landing Harbor District.
b. Approve expenditure of $14,276 from District 2’s discretionary fund to reimburse the Moss Landing Harbor District for costs incurred for security and safety services provided by Allied Universal Security Services at Kirby Park.
c. Authorize Director of Public Works, Facilities and Parks (PWFP) or designee to execute Agreement.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
a. Approve Right of Entry, Mutual Indemnification and Reimbursement Agreement (Agreement) between the County of Monterey and the Moss Landing Harbor District.
b. Approve expenditure of $14,276 from District 2’s discretionary fund to reimburse the Moss Landing Harbor District for costs incurred for security and safety services provided by Allied Universal Security Services at Kirby Park.
c. Authorize Director of Public Works, Facilities and Parks (PWFP) or designee to execute Agreement.
SUMMARY/DISCUSSION:
Kirby Park is a publicly accessible park owned and operated by the Moss Landing Harbor District that provides community access to the Elkhorn Slough, a nationally and internationally recognized estuarine ecosystem. Kirby Park is used by residents and visitors for kayaking, wildlife viewing, educational activities, and passive recreation.
Due to Kirby Park’s popularity and its role as a gateway to a sensitive natural resource, security and safety services are necessary to help ensure safe public access, protect visitors, and support appropriate use of the site. The Moss Landing Harbor District, with approval by the Harbor District Board of Commissioners at its regular meeting on February 25, 2026, has agreed to engage private security and safety services to periodically patrol Kirby Park and manage the Kirby Road Gate as set forth in the proposed Agreement. Costs for a one-year pilot program have been estimated to be $27,276. The Harbor District will contribute $13,000. The County will contribute $14,276 through District 2 discretionary funds. Continuation of the proposed Agreement, beyond the one-year pilot program, will be revisited toward the conclusion of the one-year term.
If approved, this action will; 1) approve the proposed Right of Entry, Mutual Indemnification and Reimbursement Agreement (Agreement) between the County of Monterey and the Moss Landing Harbor District; 2) approve the expenditure of $14,276 from the Supervisorial District 2 discretionary fund to reimburse the Moss Landing Harbor District for costs incurred for security and safety services provided by Allied Universal Security Services at Kirby Park during the one year pilot program, and 3) authorize the Director of Public Works, Facilities and Parks (PWFP) or designee to execute the Agreement.
PUBLIC PURPOSE FINDINGS:
Supervisorial District 2 discretionary funds will be used to reimburse the Moss Landing Harbor District for costs incurred during the one-year pilot program to support significant public purposes; including the following, continued public safety, stewardship, and community access to this important public space.
In approving this expenditure, the Board of Supervisors finds that the expenditure is to support significant public purposes; and, the transaction is not prohibited by Article XVI, Section 6 of the California Constitution. Any benefit to any individual is incidental to the significant public purposes identified above.
OTHER AGENCY INVOLVEMENT:
The proposed Agreement was approved by the Moss Landing Harbor District Board of Harbor Commissioners at their regular meeting on the fourth Wednesday of the month, at 7:00 p.m., on February 25, 2026. A copy of the Harbor District’s Board of Commissioners’ Resolution No. 26-02 is attached (Attachment 2). The proposed Agreement was drafted and prepared in consultation with the Harbor District General Manager/Harbor Master and Harbor District Counsel, Supervisorial District 2, Public Works, Facilities and Parks (PWFP) and the Office of the County Counsel-Risk Management. The Harbor District Board of Commissioners, District 2, PWFP and the Office of the County Counsel-Risk Management concur with this recommendation.
FINANCING:
Funds in the amount of $14,276 will be allocated from the Second Supervisorial District’s discretionary budget. There is no impact to the County General Fund.
BOARD OF SUPERVISORS STRATEGIC PLAN GOALS:
This action advances County Strategic Plan objectives by supporting public safety, enhancing community well-being, and ensuring safe and equitable access to public recreational and environmental resources.
X Well-Being and Quality of Life
____ Sustainable Infrastructure for the Present and Future
X Safe and Resilient Communities
Diverse and Thriving Economy
Prepared by: Supervisor Glenn Church, Supervisorial District 2
Reviewed by: Mary Grace Perry, Deputy County Counsel
Approved by: Susan K. Blitch, County Counsel
Approved by: Randell Ishii, MS, PE, TE, PTOE, Director of Public Works, Facilities and Parks
Attachments:
1. Proposed Agreement
2. Moss Landing Harbor District Resolution No. 26-02