HomeMy WebLinkAboutCA, STATE, DEPARTMENT OF PARKS AND RECREATION (2) - 2007EXH1131'T i3 A-2007-298
Stale of Co/ifomie - Naty rsl Rosourc os Agency
Oepartmant of Parks and Recreation
GRANT CONTRACT
I-t?'?Itat Conservation Fund
Riparian Habitat
G 2A!\'-'= ? City of Sanla Ana C ? ?Y
PROJECT PER,FOR?,?ANCE PERIOD Is from ? _,_; _ ,?, •,t=;?,,., _ _ -- -? ? -
PROJECT TITLE CENTENNIAL PARK WATERFOWL SANCTUARY PROJECT NUMBEF: HR-30-OCS
Under the terms and condr4cns of this agrco n.ent, lha app4cant agrees to completr the project as described in the projoct description,
anc the State of California, acL?g through its f: rrectw of Parks and Recreation pursuant to :ha program nanrad above. agreoe [o fund the
pro'ect up to the total grfln[ aTOUnt +ndroated
PROJECT DESCRIPTION
A pro?ect to re-crate ec ologlcal conditions conduci,"_ to [F.o nesting of wat¢rlc?wt cur. en tly at the sae and attract additions sp¢cles by remove) of
non-nstrve and mvayne spoores and planting of nati?.e µ^etand spccras.
Total Stat¢ Grsnt not :o exceed 592 5-."-? (or 50% of the total project. which ever is loss)
Cny of Sznte Ana The General and Spac{ai proNabns attached era made a part
Grantee --" -- of and Inc orporatad Into tho Contract.
By (ae_?rrJrclo Mouc?t.
Typed r pgi?Yrec?tamaot ?znaiF3ePresr>rHaUd --- STATE OF CALIFORNIA
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It B City Manager or Executite Director 1Date .._??,?.---?? ?-a;, ? _? ??
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CERTIFICATION OF FUNDING
COr :..?r?l NO
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$62.500 00
__. Y.ebitat CaTSer?YOn Fund
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TOTAL AM U?Jr/i EN::JM
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t ho:oby cerbty upon my farnm?.vt biowlad,.e that budcaPterl fundx ore avertable for Hiss encvmbr-.vrce.
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GRANT CONTRACT
RECITALS
1 . This agreement is entered into between the State of California, by and through
the California Department of Parks and Recreation (hereinafter referred to as
"STATE") and cicv of Santa Ana (hereinafter referred to as
"grantee").
2. The Califomia Wildlife Protection Act of 1990, Fish and Game Code, Chapter 9,
commencing with Section 2780 (the ACT) authorizes the STATE to award grants
tv eligible entities.
3. Pursuant to the California Wildlife Protection Act of 1990, Fish and Game Code,
Chapter 9, commencing with Section 2780, the STATE is authorized to oversee
and manage grants to eligible entities for the purposes stated within its
provisions. Funding for this $2,000,000 GRANT program was made available
through the California Wildlife Protection Act of 1990, Fish and Game Code,
Chapter 9 (commencing with Fish and Game Code § 2780).
4. The STATE hereby grants to grantee a sum (hereinafter referred to as "grant
monies'?nottoexceeds;,,,-?.-r,..? ?ti S??afl.F,., h ?, Qollars
($ 62 , 5 0 _ oo ), subject to the terms and conditions of this agreement, the
HCF Application GUIDES, any legislation applicable to the ACT and the
APPLJCATION.
5. In consideration thereof grantee agrees to abide by the terms and conditions of
this agreement as well as the provisions of the ACT. Grantee acknowledges that
the grant monies are not a gift or a donation.
6. In addition to the terms and conditions of this agreement, the parties agree that
the terms and conditions contained in the documents set forth below are hereby
incorporated into and made part of this agreement.
a. The Grant Administration Guide
b. The APPLICATION GUIDE
c. The submitted APPLICATION
11. SPECIAL PROVISIONS
1. This agreement includes the following special provisions, when project
circumstances warrant (by either party):
HCF PROGRAM 7 GRANT ADMINISTRATION GUIDE
111. GENERAL PROVISIONS
A. D@finitions
As used in this agreement, the following words shall have the following meanings:
1. The term "ACT" means the statutory basis for this grant program.
2. The term "APPLICATION" means the individual project APPLICATION packet for a
grant pursuant to the enabling legislation and/or grant program process Grant
Administration Guide requirements.
3. The term "ACQUISITION" means to obtain fee title of real property or a permanent
easement which provides the recipient permanent rights to use the property for the
purposes of the project. Leases or rentals do not constitute ACQUISITION.
4. The term "CONTRACT PERFORMANCE PERIOD" means the period of time
described in Section 1 of this agreement.
5. The term "DEVELOPMENT" (trails category only) means capital improvements to
real property by, but not limited to, improvement, construction, reconstruction,
and/or protection of permanent or fixed features of the property.
6. The term "ENHANCEMENT" means to increase the habitat value of the land to
benefit the targeted species.
7. The term "GRANT PERFORMANCE PERIOD" means the period of time described
in Section ? of Yhis agreement, during which eligible costs can be charged to the
grant and which begins on the appropriation date and ends on the fund liquidation
date.
8. The term "GRANT SCOPE" means the items listed in the GRANT SCOPE /cost
estimate form found in the APPLICATION.
9. The term "GUIDES" means the documents identified as the APPLICATION and
Grant Administration GUIDES for the Habitat Conservation Fund program for
deer/mountain lion habitat, rare, endangered, threatened, or fully-protected
species habitat, wetlands, anadromous salmonids and trout habitat, riparian
habitat, trails, and WILDLIFE AREA ACTIVITIES.
HCF PROGRAM $ GRANT ADMINISTRATIQN GUIDE
1 O. The term "RESTORATION" means the act of bringing either land or a species
back into a former, non-impaired condition.
1 1. The term "STATE" refers to the State of California acting by and through the
Department of Parks and Recreation.
12. The term "WILDLIFE AREA ACTIVITIES" means an event, or series of events to
be accomplished with grant funds, such as a nature interpretation, educational,
or other enrichment project, (e.g., classes, trips, etc.), organized and/or
conducted by the grantee, and intended to bring urban residents into park and
wildlife areas.
B. Project Execution
1. Subject to the availability of grant monies in the ACT, the STATE hereby grants to
the grantee a sum of money not to exceed the amount stated in Section 1 of this
agreement, in consideration of, and on condition that, the sum be expended in
carrying out the purposes set forth in the GRANT SCOPE, and under the terms and
conditions set forth in this agreement.
The grantee shall assume the obligation to furnish any additional funds that may be
necessary to complete the GRANT SCOPE.
2. After the STATE has approved the APPLICATION, all changes and alterations to
the GRANT SCOPE must be approved in writing by the STATE. Grantee's failure
to comply with this provision may be construed as a breach of the temTS of the
agreement and result in the termination of payment of the grant monies provided for
in this agreement-
3. To maintain the integrity of the competitive grant program, the grantee agrees
that any other project changes or alterations which deviate from the GRANT
SCOPE in the original competitive APPLICATION must be submitted in writing to
the STATE for prior approval.
4_ The grantee shall complete the GRANT SCOPE in accordance with the time of the
GRANT PERFORMANCE PERIOD set forth on page one of this agreement, and
under the terms and conditions of this agreement.
5. The grantee shall comply with the California Environmental Quality Act {Public
Resources Code, Section 2'1000, et. seq., Title 14, California Code of Regulations,
.Section 15000 et. seq.).
NCF PROGRAM 9 GRANT ADMINISTRATION GUIDE
6. The grantee shall at all times comply with all applicable current laws and regulations
affecting ACQUISITION, ENHANCEMENT, RESTORATION, DEVELOPMENT,
AND WILDLIFE AREA ACTIVITIES projects, including, but not limited to, legal
requirements for construction contracts, building codes, health and safety codes,
and Taws and codes pertaining to individuals with disabilities, including but not
limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §12101 et, seq.)
and the California Unruh Act (California Civil Code §51 et seq.)
7. If the GRANT SCOPE includes ACQUISITION of real property, the grantee
agrees to comply at all times with alt applicable STATE and local laws or
ordinances affecting relocation and real property ACQUISITION.
8. Grantee agrees that lands acquired with grant monies shall not be acquired
through the use of eminent domain.
C. Project Costs
1. Grantee agrees to abide by the GUIDES.
2. Grantee acknowledges that the STATE may make reasonable changes to its
procedures as set forth in the GUIDES. If the STATE makes any changes to its
procedures and guidelines, the STATE agrees to notify grantee within a reasonable
time.
D. Project Administration
1. If the STATE advances grant monies for ACQUISITION projects, the STATE shall
place the grant monies in an escrow account. I# grant monies are advanced and
not expended, the unused portion of the advanced funds shalt be returned to the
STATE within 60 days after the close of escrow.
2. If grant monies are advanced for an ENHANCEMENT, RESTORATION,
DEVELOPMENT, or WILDLIFE AREA ACTIVITIES project, the advanced funds
shall be placed in an interest-bearing account until expended. Advanced funds
must be spent within six months from the date of receipt, unless the STATE waives
this requirement_ Interest eamed on the advanced funds shalt be used on the
project as approved by the STATE. If grant monies are advanced and not
expended, the unused portion of the grant and any interest earned shall be
returned to the STATE within 60 days after project completion or the end of the
GRANT PERFORMANCE PERIOD, whichever is earlier.
HCF PROGRAM 'I Q GRANT ADMINISTRATION GUIDE
3. The grantee shall submit written status reports within 30 calendar days after the
STATE has made such a request. In any event, the grantee shall provide the
STATE a report showing total final project expenditures within 60 days of project
completion or the end of the GRANT PERFORMANCE PERIOD, whichever is
earlier. The GRANT PERFORMANCE PERIOD is identified on page one of this
agreement.
4. The STATE shall have the right to inspect alt property or facilities acquired and/or
developed pursuant to this agreement and the grantee shall make such property
or facilities available for inspection upon 24 hours notice from the STATE.
5. The grantee and the STATE agree that if the GRANT SCOPE includes
ENHANCEMENT, RESTORATION, DEVELOPMENT, or WILDLIFE AREA
ACTIVITIES project activities, final payment may not be made until the work
described in the GRANT SCOPE is complete.
6. Any grant funds that have not been expended by the grantee shall revert to the
STATE.
E. Project Termination
1 . In the event of non-completion of a GRANT SCOPE, the STATE may request the
return of any grant funds advanced or reimbursed.
2. This agreement may be rescinded, modified or amended only by mutual written
agreement between the grantee and the STATE, unless the provisions of this
agreement provide that mutual agreement is not required for a rescission,
modification or amendment.
3. Failure by the grantee to comply with the terms of this agreement, as well as any
other agreements that grantee has entered into with STATE, may be cause for
suspension of all obligations of the STATE under this agreement unless the
STATE determines that such failure was due to no fault of the grantee. In such
case, STATE may reimburse grantee for eligible costs property incurred in
performance of this agreement despite non-performance of the grantee. To
qualify for such reimbursement, grantee agrees to mitigate its losses to the best
of its ability_
4. The grantee agrees that in the event of a breach of this agreement, the STATE
may seek, in addition to all remedies provide by law, specific performance of the
agreement in accordance with the purpose of the agreement #o preserve, protect
and increase the quantity and quality of habitat opportunities and/or resources
available to the people of the State of California.
HCF PROGRAM 1 1 GRANT ADMINISTRATION GUIDE
F. Budget Contingency Clause
For purposes of this program, if funding for any fiscal year is reduced or deleted by
the budget act, executive order, the legislature, or by any other provision of statute,
the STATE shall have the option to either cancel this agreement with no liability
occurring to the STATE, or offer an amendment to the agreement to reflect a
reduced grant amount. This paragraph shah not require the mutual agreement as
addressed in Paragraph E, subsection 2, of this agreement.
G. Indemnity
1 . The grantee shall waive all claims and recourse against the STATE including the
right to con#ribution for loss or damage to persons or property or property arising
from, growing out of or in any way connected with or incident to this agreement,
except valid legal claims arising from the concurrent or sole negligence of the
STATE, its officers, agents, and employees.
2. To the fullest extent of the law, the grantee shalt indemnify, hold harmless and
defend the STATE, its officers, agents and employees against any and all claims,
demands, damages, costs, expenses or liability costs arising out of an
ACQUISITION, ENHANCEMENT, RESTORATION, DEVELOPMENT, or
WILDLIFE AREA ACTIVITIES project, construction, operation or maintenance of
the property described as the project which claims, demands or causes of action
arise under California Government Code Section 895.2 or otherwise except for
liability arising out of the concurrent or sole negligence of the STATE, its officers,
agents, or employees.
3. The grantee agrees that in the event the STATE is named as codefendant under
the provisions of California Governmen# Code Section 895 et. seq., the grantee
shall notify the STATE of such fact and shall represent the STATE in the legal
action unless the STATE undertakes to represent itself as codefendant in such
legal action in which event the STATE shall bear its own litigation costs, expenses,
and attorney's fees-
4. The grantee and the STATE agree that in the event of judgment entered against
the STATE and the grantee because of the concurrent negligence of the STATE
and the grantee, their officers, agents, or employees, an apportionment of liability
to pay such judgment shall be made by a court of competent jurisdiction.
5. The grantee shall indemnify, hold harmless and defend the STATE, its officers,
agents and employees against any and all claims, demands, costs, expenses or
liability costs arising out of legal actions pursuant to items to which the grantee
has certified- The grantee acknowledges that it is solely responsible for
compliance with items to which it has certified.
HCF PROGRAM 1 2 GRANT ADMi NISTRATiON GUIDE
H_ Financial Records
1 . The grantee shall maintain satisfactory financial accounts, documents and
records for the project and make them available to the STATE for auditing at
reasonable times. The grantee also agrees to retain such financial accounts,
documents and records for at least five years following project termination or final
payment, whichever is later.
2. The grantee shall keep such records as the STATE shall prescribe, including
records which fully disclose (a) the disposition of the proceeds of grant monies,
(b) the total cost of the project, (c) the amount and nature of project funds
provided by other sources, and (d) any other records that will facilitate an effective
audit of the grant monies.
3. The grantee agrees that the STATE shall have the right to inspect and make
copies of any books, records or reports pertaining to this agreement or matters
related thereto during regular office hours. The grantee shall maintain and make
available for inspection by the STATE accurate records of all of its costs,
disbursements and receipts with respect to its ac#ivities under this agreement.
Such accounts, documents, and records shall be retained by the GRANTEE for
at least 5 years following final payment of grant monies.
4. The grantee shall use a generally accepted accounting system.
1. Use of Facilities
1 . The grantee agrees to operate and main#ain project sites and/or locations for the
duration of the CONTRACT PERFORMANCE PERIOD. If any property is
acquired, enhanced, restored, or developed with grant monies, the grantee is
required to operate and maintain the same for the duration of the CONTRACT
PERFORMANCE PERIOD.
2. The grantee agrees that during the GRANT PERFORMANCE PERIOD, any
income earned by the grantee from aSTATE-approved use of the project shall
be used for project purposes, or, if approved by the STATE, for other purposes
within the grantee's jurisdiction.
3. The grantee acknowledges that reasonable public access shall be provided
except when that access may interfere with habitat protection.
HCF PROGRAM 1 3 GRANT ADMINISTRATION GUIDE
4. All facilities shall have operating hours consistent with the times proposed in the
APPLICATION and be open to members of the public in accordance with the
project selection criteria in the APPLICATION, unless otherwise granted
permission by the STATE and except as noted under the special provisions of
this agreement or under provisions of the enabling legislation and/or grant
program.
5. The grantee agrees that for the duration of the CONTRACT PERFORMANCE
PERIOD, any property acquired, enhanced, restored or developed with grant
monies under this agreement shall be used only far the purposes of the grant and
consistent with the GRANT SCOPE referenced in the APPLICATION unless prior
written approval is given by the STATE.
6. The grantee agrees to use any property acquired, enhanced, restored, or
developed with grant monies under this agreement only for the purposes of the
grant and no other use, sale, or other disposition shall be permitted except as
authorized by a speck act of the legislature in which event the property shall be
replaced by the grantee with property of equivalent value and usefulness as
determined by the STATE.
7. The property acquired, enhanced, restored, or developed with grant monies may
be transferred to another eligible entity only if the successor entity assumes the
obligations imposed under this agreement and with written approval of the
STATE.
8. Any real property (including any portion of it or any interest in it) may not be used
as security for any debt or mitigation, without the written approval of the STATE,
provided that such approval shall not be unreasonably withheld as long as the
purposes for which the grant monies were awarded are maintained. Any such
permission that is granted does not make the STATE a guarantor or a surety for
any debt or mitigation, nor does it waive the STATE's rights to enforce
performance under this agreement.
9. All real property or rights thereto, acquired with grant monies shall be subject to
an appropriate form of restrictive title, rights, or covenants required and approved
by the STATE_ tf the project property is taken by use of eminent domain, grantee
shall reimburse the STATE an amount at least equal to the amount of grant
monies received from the STATE or the pro-rated full market value of the real
property, including improvements, at the time of sale, whichever is higher_
1 O. ff eminent domain proceedings are initiated against grantee, grantee shall notify
the STATE within 10 days of receiving the complaint.
HCF PROGRAM ? '14 GRANT ADMINISTRATION GUIDE
J. Nondiscrimination
1. The grantee shall not discriminate against any person on the basis of sex, race,
creed, color, national origin, age, religion, ancestry, sexual orientation, disability,
medical condition, or marital status in the use of project site(s) as included in the
APPLICATION.
2. The grantee shall not discriminate against any person on the basis of residence,
and shall not apply differences in admission or other fees on the basis of
residence. Fees shall be reasonable and not unduly prevent use by
economically disadvantaged members of the public.
K. Severability
If any provision of this agreement or the application thereof is held invalid, that
invalidity shall not affect other provisions or applications of the agreement which can
be given effect without the invalid provision or application, and to this end the
provisions of this contract are severable.
L. Liability
STATE assumes no responsibility for assuring the safety of construction, site
improvements or programs related to the GRANT SCOPE_ The STATE's rights
under this agreement to review, inspect, and approve the GRANT SCOPE and any
final plans of implementation shall not give rise to any warranty or representation
that the GRANT SCOPE and any plans or improvements are free from hazards or
defects.
M. Assignability
Without the written consent of the STATE, the grantee's interest in and
responsibilities under this agreement shall not be assignable by the grantee either in
whole or in part.
N. Section Headings
The headings and captions of the various sections of this agreement have been
inserted only for the purpose of convenience and are not a part of this agreement
and shall :not be deemed in any manner to modify, explain, or restrict any of the
provisions of this agreement.
HCF PROGRAM 'I rj GRANT ADMINISTRATION GUIDE
O. Waiver
Any failure by a party to enforce its rights under this agreement, in the event of a
breach, shall not be construed as a waiver of said rights; and waiver of any breach
under this agreement shall not be construed as a waiver of any subsequent breach.
City of Santa Ana
Grantee
-?? -? r? -
Signature of Authorized Repre entative (Position Authorized in the Resolution)
TItIe:Executive Director - Parks, Recreation & Community Services Agenc
Date: ? - ? ?' - I
HCF PROGRAM ? 6 GRANT ADMINISTRATION GUIDE
CONSENT CALENDAR
CONDITIONAL USE PERMIT /VARIANCES
31.A. 1fAR1ANCE NO. 2006-14 - 100 SOUTH MAIN STREET
Filed by Caribou Industries, to vary from the sign code and allow an
additional wall sign an the north elevation of Original Mike's restaurant at
100 South Main Street
Recommended action approved by the Planning Commission at its
December 1 1 , 2006 meeting by a vote of 4-O (Leo absent, Betancourt
abstained)
Applicant: Caribou Industries
Motion: Receive and file the staff report approving Variance No_ 2006-14 as
conditioned and revocation of Variance No. 2004-07 (E) for the cabinet
sign on the east elevation and Variance No. 2004-07 (F} for the painted
wall sign on the west elevation_
FEND OF CONSENT CALENDAR""
BUSINESS CALENDAR
55.A_ RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA
STATE PARKS HABITAT CONSERVATION FUND PROGRAM
Motion: Adopt resolutions.
RESOLUTION 2007-004 - A resolution of the City Council of the City of
Santa Ana approving the application for grant funds for the local agency
grant program FY2007-2008 under the Habitat Conservation Fund Program
of the California Wildlife Protection Act of 1990 for the McFadden Triangle
Habitat Rcatoration Project
RESOLUTION 2007-005- A resolution of the City Council of the Gity of
Santa Ana approving the application for grant funds for the local agency
grant program FY2007-2008 under the Habitat Conservation Fund Program
of the California Wildlife Protection Act of 1990 far the Cienega de las
Ranas Habitat Restoration Project at Thornton Park
RESOLUTION 2007-006 - A resolution of the City Council of the City of
Santa Ana approving the application for grant funds for the local agency
grant program FV2007-2008 under the Habitat Conservation Fund Program
of the California Wildlife Pro#ection Act of 1990 for the Centennial Peninsula
Waterfowl Sanctuary Project at Centennial Park
CITY COUNCIL MINUTES 9 JANUARY 2, 2007
BUSINESS CALENQAR
MOTION: Alvarez SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Tinajero <6)
NOES: None (O)
ABSTAIN: None (O)
ABSENT: None {O)
55.B RESOLUTION AUTHORIZING PARTICIPATION IN THE STATE OF
CALIFORNIA RECREATIONAL TRAILS PROGRAM
Motion: Adopt resolutions_
RESOLUTION 2D07-007 - A resolution of the City Council of the City of
Santa Ana approving the application for grant funds from the Recreational
Trails Program for the enhancement of the Fairview Triangle adjacent to the
Santa Ana River
RESOLUTION 2D07-008 - A resolution of the City Council of the City of
Santa Ana approving the application for grant funds from the Recreational
Trails Program to improve the Raitt Street Bike Trail
MOTION: Alvarez SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Bustamante, Martinez,
Pulido, Tinajero (6}
NOES: None (O)
ABSTAIN: None (O)
ABSENT: None (O}
55.C. RESOLUTION AUTHORIZING PARTICIPATION IN THE FEMA PRE-
DISASTER MITIGATION GRANT PROGRAM
Motion: Adopt resolutions_
RESOLUTION 2007-001 - A resolution of the City Council of the Gity of
Santa Ana authorizing the filing of a Federal Emergency Management
Agency (FEMA) Pre-flisaster Mitigation Grant application for a Seismic
Mitigation Project for St. Joseph Hospital of Orange-Main Building
CITY COUNCIL MINUTES 10 JANUARY 2, 2007
REQUEST FOR
COUNCIL ACTION
CITY COUNCIL MEETING DATE:
JANUARY 2, 2 0 0 7
TITLE:
-?" ``
- ' J. ?,-? .i .
?;,;?
RESOLUTION AUTHOR2 Z 2NG
PARTICIPATION IN THE CAL= FORMA
STATE PARKS HABITAT CONSERVATION
FUND PROGRAM
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APPROVED
? As Recommended
? As Amended
? Ordinance on ??` Reading
Q Ordinance on 2"d Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUM6ER
Adopt a resolution authorizing the submittal of a grant application in
the amount of $75,000 to the California State Parks Habitat
C o r s e rva t i o n Fund P rog ram f o r the McFadden T r i ang 1 e Restoration
Project_
2. Adopt a resolution authorizing the submittal of a grant application in
the amount of $60,000 to the California State Parks Habitat
Conservation F un d P r og r am f o r th e C i e n eg a d e l a s Rana s Hab i t a t
Restoration Project at Thornton Park.
Adopt a resolution authorizing the submittal of a grant application in
the amount of $62,500 to the California State Parks Habitat
Conservation Fund Program for the Centennial Peninsula Waterfowl
Sanctuary Project at Centennial Park_
DISCUSS 20N
The Habitat Conservation Fund Program was established under the
California Wildlife Protection Act of 1990 and provides funds for
enhancement and restoration of riparian habitats tl-irougliout tY-ie State.
Approximately $3 million will be available this funding cycle_ The
application requires a 50-percent match of non-State money_
On September 5, 2006, the City Council adopted resolutions authorizing
the Parks , Recreation and C ommun i t y S e rv i c e s Ag en c y t o s ubmi t
applications to the California State Parks Habitat Conservation Fund
Program f o r t he McFadden T r i ang 1 2 Restoration , C i en ega de 3. a s Rana s
Hab i t a t R a s t o r a t i on a t Thornton P ark , and t h e C en t enn i a l P en i n su l a
Wa t e r f ow 1 S a n c tua ry P ro j e c t a t C en t enn i a l Park . Th e S tat e Resource s
Agency requested modifications to the resolutions, including language
that certifies that the Parks, Recreation and Community Services Agency
will have the resources to operate and maintain the projects after
completion.
55A-1
Resolution for California Habitat Conservation Fund
January 2, 2007
Page 2
The McFadden Triangle has been identified as an opportunity site in the
Santa Ana River Vision Plan_ The proposed project wi11 provide additional
riparian habitat at a site adjacent to the Santa Ana River_ The project
scope consists of installation of understory plantings such as bunch
grasses, wild rose, and additional trees, and improvements to the
existing irrigation system.
The C i en e ga d e l a s Rana s Hab i t a t Restoration P r o j e c t a t Thornton Park
consists of the re-creation of the historic ecological conditions of the
site_ The project will enhance the freshwater marsh habitat, both
surrounding the lake and to the east of the lake, and connect the flood
control channel to the lake witl-i a band of native wetland and riparian
habitat_ To accomplish this, non-native exotic grasses wi11 be removed,
and native plants, along with plant and wildlife interpretive signage
wi11 be installed.
The Centennial Peninsula Waterfowl Sanctuary Project at Centennial Park
consists of the re-creation of ecological conditions conducive to the
nesting of waterfowl currently at the site, which has the potential to
attract additional species_ The project includes automatic irrigation
system modifications and native planting_
F = SCAL IMPACT
Ther is no fiscal impact associated with this action.
???
Gera do Mouet
Ex e c t i ve D i r e c t o r
Park Recreation and
Community Services Agency
55A-2
RESOLUTION NO. 2007-006
Jxs 12/26/06
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SANTA ANA APPROVING TI--IE APPLICATION FOR
GRANT FUNDS FOR THE LOCAL AGENCY GRANT
PROGRAM FY2007-200$ UNDER THE HABITAT
CONSERVATION FUND PROGRAM OF THE CALIFONIA
WILDLIFE PROTECTION ACT OF?990 l=OR THE
CENTENNIAL PENINSULA WATERFOWL SANCTUARY
PROJECT AT CENTENNIAL PARK
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SANTA ANA AS
FOLLOWS:
Section 1 . The City Council of the City of Santa Ana hereby finds, determines
and declares as follows:
A_ The people of the State of California have enacted the California Wildlife
Protection Act of 'f 990, which provides funds to the State of California for grants to local
agencies to acquire and/or develop facilities for public recreational and fish and wildlife
habitat protection purposes; and
B. The State Department of Parks and Recreation has been delegated the
responsibility for the administration of the program within the State, setting up
necessary procedures governing project application under the program; and
C. Said procedures established by the State Department of Parks and
Recreation require the City to certify by resolution the approval of application(s) before
submission of said applications} to the State; and
D_ Said application(s) contain assurances that the applicant must comply
with; and
E. The City will enter into an agreement with the State of California for
development of the project.
Section 2. The City Council approves the filing of an application for the Habitat
Conservation Fund Grant Program under the California Wildlife Protection Act of 'l990
State grant assistance in the amount of $62,500 for the installation of native planting
and automatic irrigation system modifications to recreate ecological conditions
condr?cive to the nesting of waterfowl at the Centennial Peninsula Waterfowl Sanctuary
at Centennial Park; and
Section 3. The City Council certifies that it understands the assurances and
certifications in the application form and will have sufficient funds to operate and maintain
the project(s); and
Resolution No. 2007-006
Page '! of 2
Section 4. The City Council certifies that the City has or will have available
prior to commencement of any work on the project(s) included in this application, the
required match; and
Section 5. The City Council appoints the Gity Manager, or the Executive
Director of the Parks, Recreation and Community Services Agency or his designee, as
agent for the City of Santa Ana to conduct all negotiations, execute and submit all
documents, including but not limited to applications, agreements, amendments and
payment requests which may be necessary for the completion of the aforementioned
project.
ADOPTED this 2r'd day of January, 2007
7
?_/ f??
iguel A. ulido
Mayor
APPROVED AS TO FORM=
Joseph W. Fletcher, City Attorney
By: 4J, ? ? -? t
Laura Sfieedy
Assistant City Attorney
AYES Councilmembers Alvarez. Benavides Bustamante, Martinez,
Pulido. Tinalero (6)
NOES. Councilmembers None (O)
ABSTAIN: Councilmembers None (O}
NOT PRESENT: Councilmembers None (O)
CERTIFICATION OF ATTESTATION AND ORIGINALITY
1, PATRICIA E_ HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2007-006 to be the original resolution adopted by?he City
Council of fhe City of Santa Ana on January 2, 2007_
--? /
Date- ???' ? ?? ?c?.%-? ?? r ? -
Patricia E. Healy
Clerk of the Council
City of Santa Ana
Resolution No. 2007-006
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