HomeMy WebLinkAboutSTATE COASTAL CONSERVANCY (5) JUG{ I i Z021P A-2026-082
AGREEMENT NUMBER AM.NO.
STATE OF CALIFORNIA G25-073
State Coastal Conservancy
GRANT AGREEMENT TAXPAYERSNO.FEDERAL EMPLOYER
IDENTIFICATION
ON NO.
Grant-Rev 11120 95-6000785
THIS AGREEMENT is entered into this 12th day of June ,_2026 in the
State of California, by and between:
AGENCY
State Coastal Conservancy and
GRANTEE's NAME
City of Santa Ana
Pursuant to Chapter 4.6 of Division 21 of the California Public Resources Code, the State Coastal Conservancy ("the
Conservancy") hereby grants to City of Santa Ana (`-the grantee") a sum not to exceed $2,925,000,00 (two million
nine hundred twenty five thousand dollars), subject to this agreement.
Continued on the following pages.
The provisions on the following pages constitute a part of this agreement.
This agreement has been executed by the parties as shown below.
STATE OF CALIFORNIA GRANTEE
AGENCY GRANTEE(it Wher Ihan an individual,state wnelher a corporation,partnership,etc.)
State Coastal Conservancy City of Santa Ana
BY(Authorized Signature) BY(Authorized Sig lure)
PRINTED NAME AND TITLE OF PERSON SIGNING PRINTE NAMENAME ANC TITLE OFTITLE OF PERSCt1 SIGNIN
Amy HLItZel, Executive Officer aro Nunez, City Manager
ADDRESS&PHONE NUMBER ADDRESS&PHONE NUMBER
1515 Clay Street, 10`i' Floor 20 Civic Center Plaza
Oakland, CA 94612 Santa ana, CA 92701
Phone: (5 l 0) 286-1015 Phone: (714) 647-5400
AMOUNT ENCUMBERED BY PROGRAMlCATEGORY FUND TIT LPIPROP NO.
THIS DOCUMENT I certify that this
$2,925,000.00 Local Assistance Prop 84— Santa Ana River OC agreement is exempt
frnm Department Of
PRIOR AMOUNT FUND ITEM CHAPTER STATUTE FISCALYEAR General Services'
ENCUMBERED FOR THIS approval.
pproval.
$-0- 3760-101-6051-00008(B) (B0432) 06/20 2020 20/21
Reap by Ch#22/23
TOTAL AMOUNT PROJECT NAME
ENCUMBERED TO DATE Erika Gomez
$ 2,925,000.00 Santiago Park Trail and Habitat Restoration Implementation Procurement and
Contracts Manager
l hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.
NAME AND SIGNATURE OF ACCOUNTING,OFFICER GATE
n D44 6/12/2026
AT i SST:
L all
r
JUN 11 2026
Return FULLY EXECUTED A-2026-082
t R,� ,^x Copy to City Clerk, M-30(' AGREEMENT NUMBER AM.NO.
(0"JSTATE OF CALIFORNIA
State Coastal Conservancy G25-073
GRANT AGREEMENT TAXPAYERS
IDENTIFICATION NO.
Grant-Rev 11/20 95-6000785
THIS AGREEMENT is entered into this day of 2026 in the
State of California, by and between:
AGENCY
State Coastal Conservancy and
GRANTEE'S NAME
City of Santa Ana
Pursuant to Chapter 4.6 of Division 21 of the California Public Resources Code,the State Coastal Conservancy ("the
Conservancy") hereby grants to City of Santa Ana("the grantee") a sum not to exceed$2,925,000.00 (two million
nine hundred twenty five thousand dollars), subject to this agreement.
Continued on the following pages.
The provisions on the following pages constitute a part of this agreement.
This agreement has been executed by the parties as shown below.
STATE OF CALIFORNIA GRANTEE
AGENCY GRANTEE(If other than an individual,state whethera corporation,partnership,etc.)
State Coastal Conservancy City of Santa Ana
BY(Authorized Signature) BY(Authorized Sig ture)
PRINTED NAME AND TITLE OF PERSON SIGNING PRINTE NAME AND TITLE OF PERSASIGNIN
Amy Hutzel, Executive Officer aro Nunez, City Manager
ADDRESS&PHONE NUMBER ADDRESS&PHONE NUMBER
1515 Clay Street, 1 Oth Floor 20 Civic Center Plaza
Oakland, CA 94612 Santa ana, CA 92701
P11one: (510) 286-1015 Phone: (714) 647-5400
AMOUNT ENCUMBERED BY PROGRAM/CATEGORY FUND TITLE/PROP NO.
THIS DOCUMENT I certify that this
$2,925,000.00 Local Assistance Pro 84 Santa A River OC agreement is exempt
p — Ana ver from Department of
PRIOR AMOUNT FUND ITEM CHAPTER STATUTE FISCALYEAR General Services'
ENCUMBERED FOR THIS
AGREEMENT approval.
$ -0- 3760-101-6051-00008(B) (130432) 06/20 2020 20/21
Reap by Ch#22/23
TOTALAMOUNT PROJECT NAME
ENCUMBERED TO DATE Erika Gomez
$2,925,000.00 Santiago Park Trail and Habitat Restoration Implementation Procurement and
Contracts Manager
1 hereby certify upon my own personal knowledge that budgeted funds are available for the period and purpose of the expenditure stated above.
NAME AND SIGNATURE OF ACCOUNTING OFFICER DATE
ATTEST,
A
L all
City of Santa Ana
Grant Agreement No. G25-073
Page 2
I. SCOPE OF AGREEMENT
The grantee shall use the funds granted under this agreement to complete the following project
("the project') at Santiago Park in the city of Santa Ana, in Orange County, as shown on the
attached Exhibit 1.
The project consists of constructing site improvements in a 5-acre area on the eastern end
of Santiago Park. The improvements include an accessible pedestrian walkway, over five
acres of native landscaping, irrigation system, lighting, drinking fountains, interpretive
signage, benches and a pedestrian bridge across Santiago Creek.
The grantee shall carry out the project in accordance with this agreement. The grantee shall
provide any funds beyond those granted under this agreement that are needed to complete the
project.
II. CONDITIONS PRECEDENT TO CONSTRUCTION AND DISBURSEMENT
The grantee shall not begin construction of the project and the Conservancy will not be obligated
to disburse any funds unless and until the following conditions precedent have been met:
1. The City Council of the grantee has adopted a resolution designating positions whose
incumbents are authorized to negotiate and execute this agreement and amendments to it on
behalf of the grantee.
2. The Executive Officer of the Conservancy ("the Executive Officer") has approved in writing:
a. A work program for the project, as provided in section V. WORK PROGRAM.
b. A plan for installation of signs and acknowledgment of Conservancy support, as provided
in section VI. SIGNS AND ACKNOWLEDGMENT.
c. All contractors that the grantee intends to retain in connection with the project. The
grantee must provide written evidence to the Conservancy that each contractor has
complied with the bonding requirements described in section VII. BONDING.
3. The grantee has provided to the Conservancy:
a. A statement identifying and confirming that it has obtained all permits and approvals
necessary to the completion of the project under applicable local, state, and federal laws
and regulations.
b. Evidence the grantee has provided for required insurance coverage as described in section
XVI. INSURANCE.
City of Santa Ana
Grant Agreement No. G25-073
Page 3
c. A complete project budget that identifies the estimated costs to complete the project and
all sources of funding for the project.
III. TERM OF AGREEMENT
This agreement will take effect when signed by both parties and received in the offices of the
Conservancy together with the resolution described in section II. CONDITIONS PRECEDENT
TO CONSTRUCTION AND DISBURSEMENT. This agreement may be signed electronically
using a process specified by the Conservancy.
The grantee shall complete all work December 31, 2027 ("the completion date").
The grantee shall deliver a final Request for Disbursement to the Conservancy no later than
January 31, 2028.
This agreement terminates on December 31, 2047 ("the termination date").
IV. AUTHORIZATION
The signature of the Executive Officer of the Conservancy on this agreement certifies that at its
April 17, 2026 meeting, the Conservancy adopted the resolution included in the staff
recommendation attached as Exhibit 2. This agreement is executed under that authorization.
City of Santa Ana
Grant Agreement No. G25-073
Page 4
Standard Provisions
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Before beginning construction, the grantee shall submit a detailed work program to the Executive
Officer for review and written approval of its consistency with the purposes of this grant
agreement. The work program must include:
1. Construction plans and specifications. that have been certified by a licensed architect or
registered engineer, or approved by the grantee's Public Works Director.
2. A schedule of completion for the project specifically listing the date for completing each
project component and showing how the project will be completed by the completion date.
3. A budget that identifies how the grantee will use the funds granted under this agreement,
including the labor, materials, contractor, and indirect costs to be paid for with the funds
granted under this agreement ("work program budget").
VI. SIGNS AND ACKNOWLEDGMENT
A. Submittal of Signage & Acknowledgement Plan
Prior to beginning the project, the grantee shall submit, for review and written approval by the
Executive Officer, a plan for acknowledging Conservancy support for the project through signs
and other methods ("Signage & Acknowledgement Plan").
B. Contents of Signage & Acknowledgement Plan
The Signage & Acknowledgement Plan must include all of the following:
1. Acknowledgement of the Conservancy's support in the grantee's project -related press
releases, contacts with the media, and social media postings, and on its website.
2. Installation of one or more signs that:
a. Identify the project;
b. Acknowledge Conservancy support;
c. Display the Conservancy's logo consistent with specifications provided by the
Conservancy; and
d. Direct the public to the public access components of the project
City of Santa Ana
Grant Agreement No. G25-073
Page 5
3. Maintenance of the sign(s) for the duration of this agreement.
4. Locating the sign(s) where both visible to the public and protective of natural resources.
The Signage and Acknowledgement Plan must describe all of the above plan elements in detail,
including the number, design, placement, and wording of the sign(s), and sign maintenance
activities and schedule.
If the project's location, features, or other circumstances cause placement of signs or the sign
specifications to be unsuitable, the Executive Officer may approve alternatives to signs, or to the
sign specifications, that are more appropriate for the project while also acknowledging
Conservancy funding.
C. Compliance with Signage and Acknowledgement Plan
Prior to completion of the project, the grantee shall install the sign(s) and provide the other
methods of acknowledgment in accordance with the approved Signage and Acknowledgement
Plan. The grantee shall comply with the approved Signage and Acknowledgement Plan for the
duration of this agreement.
VIL BONDING
If the grantee intends to use any contractors on any portion of the project to be funded under this
agreement, the grantee shall not begin construction until each contractor has furnished a
performance bond in favor of the grantee in the following amounts: for faithful performance,
one hundred percent (100%) of the contract value; and for labor and materials, one hundred
percent (100%) of the contract value. This requirement does not apply to any contract for less
than $250,000.
Any bond furnished under this section must be executed by an admitted corporate surety insurer
licensed in the State of California.
VIII. COSTS AND DISBURSEMENTS
When the Conservancy determines that all conditions in section It. CONDITIONS
PRECEDENT TO CONSTRUCTION AND DISBURSEMENT have been fully met, the
Conservancy shall disburse to the grantee a total amount not to exceed the amount granted under
this agreement, in accordance with the work program and this section.
A. Timing of Disbursement
The Conservancy will disburse funds after the grantee has incurred costs and expenses, upon the
grantee's satisfactory progress under the approved work program, and upon the grantee's
City of Santa Ana
Grant Agreement No. G25-073
Page 6
submission of a "Request for Disbursement" form. The Conservancy will not disburse the final
five percent or $100,000 of the funds granted under this agreement, whichever is lower, until the
grantee has complied with section X. PROJECT COMPLETION and the Conservancy has
accepted the project.
B. Payable Costs and Expenses
The Conservancy will only disburse funds for these costs and expenses incurred to carry out the
project:
Grantee's staff time, provided that hourly rates for grantee's staff time billed to the
Conservancy may not exceed the actual compensation paid by grantee to employees, which
may include employee benefits. The grantee shall require its employees to keep records of
their time spent on the project for purposes of documenting the employee time billed to the
Conservancy.
2. Grantee's travel and travel -related expenses, in accordance with the rates set forth in "SCC
Travel Reimbursement Rates for Grants and Contracts," as posted on the Conservancy's
website at sce,ca.gov.
3. Costs charged to the grantee by its contractors.
4. Other necessary direct costs that are reasonable in nature and amount, taking into account the
nature of the project, its location, and other relevant factors.
5. The grantee's indirect costs as identified in the work program budget.
Notwithstanding any other provision, after the grantee has satisfied the conditions precedent to
commencement of the project set forth in section II. CONDITIONS PRECEDENT TO
CONSTRUCTION AND DISBURSEMENT, the grantee may request reimbursement, and the
Conservancy may reimburse grantee, for grantee's costs to satisfy the conditions precedent.
C. Requesting Disbursement
The grantee shall request disbursements by filing with the Conservancy a fully executed
"Request for Disbursement" form (available from the Conservancy). The grantee shall include
in the form its name and address, the number of this agreement, the date of the submission, the
amount of the invoice, the period during which the work was actually done, and an itemized
description, including time, materials, and expenses incurred of all work done for which
disbursement is requested. The form must be limited to work done, including work by
contractors, in one Conservancy fiscal year, which is July I through June 30 of the following
year. Work that spans two Conservancy fiscal years must be separated into two Requests for
Disbursement, one for each fiscal year. The form must also indicate cumulative expenditures to
City of Santa Ana
Grant Agreement No. G25-073
Page 7
date, expenditures during the reporting period, and the unexpended balance of funds under the
grant agreement.
An authorized representative of the grantee must sign the forms. Each form must be
accompanied by:
All receipts and any other source documents for direct expenditures and costs that the grantee
has incurred.
2. Invoices from contractors (showing work done in only one Conservancy fiscal year) and any
receipts and any other source documents for costs incurred and expenditures by any such
contractor, unless the Executive Officer makes a specific exemption in writing.
A progress report summarizing the current status of the project and the work for which the
grantee is requesting disbursement.
The grantee shall submit Requests for Disbursement no more frequently than monthly but no less
frequently than quarterly. The grantee's failure to fully execute and submit one or more Requests
for Disbursement with all supporting documents in accordance with this section will relieve the
Conservancy of its obligation to disburse funds to the grantee until the grantee corrects all
deficiencies.
IX. EXPENDITURE OF FUNDS AND ALLOCATION OF FUNDING AMONG
BUDGET ITEMS
No increase in the total amount of funds granted under this agreement will be valid unless set
forth in a written amendment to this agreement. The grantee shall expend funds granted under
this agreement consistent with the work program budget. Expenditure on items contained in the
work program budget, other than indirect costs, may vary by as much as ten percent per item
without prior approval by the Executive Officer. Any deviation that is greater than ten percent
for a budget item or that affects indirect costs, requires written approval of the Executive Officer
and a revised work program budget. The Conservancy may withhold payment for items that have
not received the required approval. Any increase in the funding for a budget item will mean a
decrease in the funding for one or more other budget items unless there is a written amendment
to this agreement.
X. PROJECT COMPLETION
Upon completion of the project, the grantee shall supply the Conservancy with evidence of
completion by submitting a final report by the final Request for Disbursement date set forth in
section III. TERM OF AGREEMENT that includes:
City of Santa Ana
Grant Agreement No. G25-073
Page 8
1. A report certifying completion of the project according to the approved work program,
including photographs documenting project completion.
2. Documentation that signs are installed as required by section VI. SIGNS AND
ACKNOWLEDGMENT.
3. A fully executed final "Request for Disbursement." A "final Request for Disbursement"
means a Request for Disbursement that includes all remaining amounts for which grantee is
entitled to seek payment, pursuant to this agreement, including the final five percent or
$100,000 of the funds granted under this agreement, whichever is lower.
4, A final inspection report by a licensed architect or registered engineer or the grantee's Public
Works Director, and a copy of "as built" drawings of the completed project.
The Conservancy shall determine whether the grantee has satisfactorily completed the project. If
so, the Conservancy shall issue to the grantee a letter of acceptance of the project and disburse
the remaining amounts for which grantee is entitled under this agreement. The project wilt be
deemed complete as of the date of the letter.
XL EARLY TERMINATION, SUSPENSION AND FAILURE TO PERFORM
Before the project has commenced, either party may terminate this agreement for any reason by
giving the other party seven days' prior written notice.
Before the project is complete, the Conservancy may terminate this agreement for any reason by
giving the grantee thirty days' prior written notice. Before the project is complete, the
Conservancy may suspend this agreement for any reason by giving the grantee seven days' prior
written notice. In either case, the grantee shall immediately stop work under the agreement and
take all reasonable measures to prevent further costs to the Conservancy. The Conservancy shall
be responsible for any reasonable and non -cancelable obligations incurred by the grantee in the
performance of this agreement prior to the date of the notice to terminate or suspend, but only up
to the undisbursed balance of funding authorized in this agreement. Any notice suspending work
under this agreement will remain in effect until further written notice from the Conservancy
authorizes work to resume.
If the grantee fails to complete the project as required, or fails to fulfill any other obligations of
this agreement prior to the termination date, the grantee will be liable for immediate repayment
to the Conservancy of all amounts disbursed by the Conservancy under this agreement. The
Conservancy may, at its sole discretion, consider extenuating circumstances and not require
repayment for work partially completed. This paragraph does not limit any other remedies the
Conservancy may have for breach of this agreement.
City of Santa Ana
Grant Agreement No. G25-073
Page 9
Before the project is complete, the grantee may terminate this agreement for any reason by
giving the Conservancy thirty days' prior written notice and repaying to the Conservancy all
amounts disbursed by the Conservancy under this agreement. The Conservancy may, at its sole
discretion, consider extenuating circumstances and allow early termination without repayment
for work partially completed.
The parties expressly agree to waive, release and relinquish the recovery of any consequential
damages that may arise out of the termination or suspension of this agreement under this section.
The grantee shall include in any agreement with any contractor retained for work tinder this
agreement a provision that entitles the grantee to suspend or terminate the agreement with the
contractor for any reason on written notice and on the same terms and conditions specified in this
section.
XII. OPERATION AND MAINTENANCE
The grantee shall use, manage, maintain and operate the project throughout the tern of this
agreement consistent with the purposes for which the Conservancy's grant was made. The
grantee assumes all operation and maintenance costs of these facilities and structures; the
Conservancy is not responsible for any cost of maintenance, management, or operation. The
grantee may be excused from its obligations for operation and maintenance during the term of
this agreement only upon the written approval of the Executive Officer.
For purposes of this agreement, "operation costs" include direct costs incurred for material and
labor needed for operations, utilities, insurance, and similar expenses. "Maintenance costs"
include ordinary repairs and replacements of a recurring nature necessary to prolong the life of
capital assets and basic structures, and the expenditure of funds necessary to replace or
reconstruct capital assets or basic structures.
XIII. MITIGATION
Without the written permission of the Executive Officer, the grantee shall not use or allow the
use for mitigation (in other words, to compensate for adverse changes to the environment
elsewhere) of any portion of real property on which the Conservancy has funded construction. In
providing permission, the Executive Officer may require that all funds generated in connection
with any authorized or allowable mitigation on the real property be remitted promptly to the
Conservancy. As used in this section, mitigation includes, but is not limited to, any use of the
property in connection with the sale, trade, transfer or other transaction involving carbon
sequestration credit or carbon mitigation.
City of Santa Ana
Grant Agreement No. G25-073
Page 10
XIV. INSPECTION
Throughout the term of this agreement, the Conservancy has the right to inspect the project area
to ascertain compliance with this agreement.
XV. INDEMNIFICATION AND HOLD HARMLESS
The grantee shall be responsible for, indemnify and hold harmless the Conservancy, its officers,
agents, and employees from any and all liabilities, claims, demands, damages, or costs,
including, without limitation, litigation costs and attorneys fees, resulting from or arising out of
the willful or negligent acts or omissions of the grantee, its officers, agents, contractors,
subcontractors, and employees, or in any way connected with or incident to this agreement,
except for the active negligence of the Conservancy, its officers, agents, or employees. The duty
of the grantee to indemnify and hold harmless includes the duty to defend as provided in Civil
Code Section 2778. This agreement supersedes any right the grantee may have as a public entity
to indemnity and contribution as provided in Gov. Code Sections 895 et seq.
The grantee waives any and all rights to any type of express or implied indemnity or right of
contribution from the State, its officers, agents, or employees, for any liability resulting from,
growing out of, or in any way connected with or incident to this agreement.
Nothing in this agreement is intended to create in the public or in any member of it rights as a
third -party beneficiary under this agreement.
The obligations in this section XV. INDEMNIFICATION AND HOLD HARMLESS will
survive termination of this agreement.
XVI. INSURANCE
The grantee shall procure and maintain insurance, as specified in this section, against claims for
injuries to persons and damage to property that may arise from or in connection with any
activities of the grantee or its agents, representatives, employees, or contractors associated with
the project undertaken pursuant to this agreement.
As an alternative, with the written approval of the Executive Officer, the grantee may satisfy the
coverage requirement in whole or in part through: (a) its contractors' procurement and
maintenance of insurance for work under this agreement, if the coverage otherwise fully satisfies
the requirements of this section; or (b) the grantee's participation in a "risk management" plan,
self-insurance program or insurance pooling arrangement, or any combination of these, if
consistent with the coverage required by this section.
The grantee shall maintain property insurance, if required below, throughout the term of this
agreement. Any required errors and omissions liability insurance shall be maintained from the
City of Santa Ana
Grant Agreement No. G25-073
Page 11
effective date through two calendar years after the completion date. The grantee shall maintain
all other required insurance from the effective date through the completion date.
1, Minimum Scope of Insurance. Coverage shall be at least as broad as:
a. Insurance Services Office ("ISO") Commercial General Liability coverage,
occurrence basis (Form CG 00 01) or comparable.
b. Automobile Liability coverage: ISO Form Number CA 0001, Code I (any auto).
c. Workers' Compensation insurance as required by the Labor Code of the State of
California.
d. Course -of -construction (also known as `Builder's Risk") insurance covering all risks
of loss. (Any proceeds of loss payable under this coverage must be used to replace,
rebuild or repair the damaged portions of the facilities and structures constructed
under this agreement.)
2. Minimum Limits of Insurance. The grantee shall maintain coverage limits no less than:
a. General Liability:
(Including operations,
products and completed
operations, as applicable)
b. Automobile Liability:
c. Worker's Compensation:
d. Course of Construction:
$2,000,000 per occurrence for bodily injury,
personal injury and property damage.
$1,000,000 per accident for bodily injury and
property damage.
Worker's compensation as required by law.
"All -Risks" (Special Perils) coverage form with
limits equal to the completed value of the project
with no coinsurance penalty provisions.
3. Deductibles and Self -Insured Retentions. Any deductibles or self -insured retentions must be
declared to and approved by the Executive Officer.
4. Waiver of Subrogation. The grantee hereby grants to the State of California, its officers,
agents, employees, and volunteers, a waiver of any right to subrogation which any insurer of
the grantee may acquire against the State of California, its officers, agents, employees, and
volunteers, by virtue of the payment of any loss under such insurance. Grantee agrees to
obtain any endorsement that may be necessary to effect this waiver of subrogation, but this
provision applies regardless of whether or not the grantee has received a waiver of
subrogation endorsement from the insurer.
City of Santa Ana
Grant Agreement No. G25-073
Page 12
5. Acceptability of Insurers. Insurance shall be placed with insurers admitted to transact
business in the State of California and having a current Best's rating of `B+:VII" or better or,
in the alternative, acceptable to the Conservancy and approved in writing by the Executive
Officer.
6. Verification of Coverage. The grantee shall furnish the Conservancy with original
certificates and amendatory endorsements, or copies of the applicable policy language,
effecting coverage required by this clause. All certificates and endorsements are to be
received and approved by the Executive Officer before work commences. The Conservancy
may require, at any time, complete, certified copies of all required insurance policies,
including endorsements affecting the coverage.
7. Contractors. The grantee shall require each contractor to provide and maintain coverage
consistent with the requirements of this section. To the extent generally available, grantee
shall also require each professional contractor to provide and maintain Errors and Omissions
Liability insurance appropriate to the contractor's profession and in a reasonable amount in
light of the nature of the project with a minimum limit of liability of $1,000,000.
8. Premiums and Assessments. The Conservancy is not responsible for premiums and
assessments on any insurance policy.
XVII. AUDITS/ACCOUNTING/RECORDS
The grantee shall maintain financial accounts, documents, and records (collectively, "required
records") relating to this agreement, in accordance with the guidelines of"Generally Accepted
Accounting Principles" ("GAAP") published by the American Institute of Certified Public
Accountants. The required records include, without limitation, evidence sufficient to reflect
properly the amount, receipt, deposit, and disbursement of all funds related to the construction of
the project, and the use, management, operation and maintenance of the real property, time and
effort reports, and supporting documents that permit tracing from the request for disbursement
forms to the accounting records and to the supporting documentation.
The Conservancy or its agents may review, obtain, and copy all required records. The grantee
shall provide the Conservancy, California State Auditor, Department of Finance, their officers,
employees, and agents with any relevant information requested and with access to the grantee's
premises upon reasonable notice, during normal business hours, to interview employees and
inspect and copy books, records, accounts, and other material that may be relevant to a matter
under investigation for the purpose of determining compliance with this agreement and any
applicable laws and regulations.
The grantee shall retain the required records for a minimum of three years following the later of
final disbursement by the Conservancy, and the final year to which the particular records pertain.
City of Santa Ana
Grant Agreement No. G25-073
Page 13
The records will be subject to examination and audit by the Conservancy and the California State
Auditor during the retention periods.
If the grantee retains any contractors to accomplish any of the work of this agreement, the
grantee shall first enter into an agreement with each contractor requiring the contractor to meet
the terms of this section and to make the terms applicable to all subcontractors.
The Conservancy may disallow all or part of the cost of any activity or action that it determines
to be not in compliance with the requirements of this agreement.
XVIII. NONDISCRIMINATION
During the performance of this agreement, the grantee and its contractors shall not deny the
agreement's benefits to any person on the basis of race, religious creed, color, national origin,
ancestry, physical disability, mental disability, medical condition, genetic information, marital
status, sex, gender, gender identity, gender expression, age, sexual orientation, or military and
veteran status, nor shall they discriminate unlawfully against any employee or applicant for
employment because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, or military and veteran status. The grantee
shall ensure that the evaluation and treatment of employees and applicants for employment are
free of such discrimination. The grantee and contractors shall comply with the provisions of the
Pair Employment and Housing Act (Gov. Code § 12900 et seq.), the regulations promulgated
thereunder (Cal. Code Regs., tit. 2, § 11000 et seq.), the provisions of Article 9.5, Chapter 1, Part
1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the
regulations or standards adopted by the Conservancy to implement such article. The grantee
shall permit access by representatives of the Civil Rights Department and the Conservancy upon
reasonable notice at any time during the normal business hours, but in no case less than 24 hours'
notice, to such of its books, records, accounts, and all other sources of information and its
facilities as said Department or the Conservancy shall require to ascertain compliance with this
clause. The grantee and its contractors shall give written notice of their obligations under this
clause to labor organizations with which they have a collective bargaining or other agreement.
(See Cal. Code Regs., tit. 2, § 11105.)
The grantee shall include the nondiscrimination and compliance provisions of this clause in all
contracts to perform work under this agreement.
XIX. AMERICANS WITH DISABILITIES ACT
By signing this agreement, grantee certifies that it is in compliance with the Americans with
Disabilities Act (ADA) of 1990, (42 U.S.C., 12101 et seq.), which prohibits discrimination on
the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the
ADA.
City of Santa Ana
Grant Agreement No. G25-073
Page 14
XX. PREVAILING WAGE
Work done under this grant agreement may be subject to the prevailing wage and other related
requirements of the California Labor Code, Division 2, Part 7, Chapter 1, Sections 1720-1861.
If required by law to do so, the grantee shall pay prevailing wage to all persons employed in the
performance of any part of the project and otherwise comply with all associated requirements
and obligations.
This agreement is funded in whole or in part with funds from the "Safe Drinking Water, Water
Quality and Supply, Flood Control, River and Coastal Protection Bond Act of 2006"
("Proposition 84"). Section 75075 of the Public Resources Code imposes on a body awarding
any contract for a public works project financed in any part with Proposition 84 funds
responsibility for adoption and enforcement of a "labor compliance program" under Labor Code
Section 1771.5(b). Regulations implementing Section 1771.5(b) include Title 8, California Code
of Regulations, Division 1, Chapter 8, Subchapter 4.
The grantee is responsible for determining whether the project is subject to prevailing wage laws,
and for complying with all labor laws applicable to the project. The grantee may also review the
Conservancy publication, "Information on Prevailing Wage Laws for State Coastal Conservancy
Grantees" (2023), available from the Conservancy on request; which provides general
information and is not legal advice to the grantee on whether the grantee's project is subject to
prevailing wage laws.
XXI. DRUG -FREE WORKPLACE
The grantee's signature on this agreement constitutes the certification required by Government
Code Section 8355 (Drug -Free Workplace Act of 1990), which requires that all state grantees
provide a drug -free workplace by doing all of the following:
1. Publishing a statement notifying employees that the unlawful manufacture, distribution,
dispensation, possession, or use of a controlled substance is prohibited in the person's or
organization's workplace and specifying actions that will be taken against employees for
violations of the prohibition.
2. Establishing a drug -free awareness program to inform employees about all of the following:
a. The dangers of drug abuse in the workplace.
b. The person's or organization's policy of maintaining a drug -free workplace.
c. Any available drug counseling, rehabilitation, and employee assistance programs.
d. The penalties that may be imposed upon employees for drug abuse violations.
3. Requiring that each employee engaged in the performance of the grant be given a copy of the
drug -free workplace statement and that, as a condition of employment on the grant, the
employee agrees to abide by the terms of the statement.
City of Santa Ana
Grant Agreement No. G25-073
Page 15
XXII.XXIV EXECUTIVE ORDER N-6-22 — RUSSIA SANCTIONS
On March 4, 2022, Governor Gavin Newsom issued Executive Order N-6-22 (the EO) regarding
Economic Sanctions against Russia and Russian entities and individuals. "Economic Sanctions"
refers to sanctions imposed by the U.S. government in response to Russia's actions in Ukraine,
as well as any sanctions imposed under state law. The EO directs state agencies to terminate
contracts with, and to refrain from entering any new contracts with, individuals or entities that
are determined to be a target of Economic Sanctions. Accordingly, should the Conservancy
determine the grantee is a target of Economic Sanctions or is conducting prohibited transactions
with sanctioned individuals or entities, that shall be grounds for termination of this agreement.
The Conservancy shall provide the grantee advance written notice of such termination, allowing
the grantee at least 30 calendar days to provide a written response. Termination shall be at the
sole discretion of the Conservancy.
XXIIL INDEPENDENT CAPACITY
The grantee, and the agents and employees of grantee, in the performance of this agreement, are
acting in an independent capacity and not as officers, employees or agents of the State of
California.
XXIV. ASSIGNMENT
Without the written consent of the Executive Officer, the grantee shall not assign this agreement
in whole or in part.
XXV. TIMELINESS
Time is of the essence in this agreement.
XXVI. AMENDMENT
Except as expressly provided in this agreement, no changes in this agreement will be valid unless
made in writing and signed by the parties to the agreement. No oral understanding or agreement
not incorporated in this agreement will be binding on any of the parties.
APPROVED AS TO FORNI:
SONIA R. CARVALHO
City Attomey
By:
K ,LLESEN
Assisfant City Attomey
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EXHIBIT 2
COASTAL CONSERVANCY
Staff Recommendation
April 17, 2026
SANTA ANA RIVER: SANTIAGO PARK TRAIL AND HABITAT IMPROVEMENTS PROJECT
Project No. 19-020-04
Project Manager: Danh Lai
RECOMMENDED ACTION: Authorization to disburse up to $2,925,000 to the City of Santa Ana
to implement the Santiago Park Trail and Habitat Improvements Project. This project will
consist of constructing site improvements in a. 5-acre area on the eastern end of Santiago Park,
including an accessible pedestrian walkway, native landscaping, lighting, and a pedestrian
bridge across Santiago Creek in Orange County.
LOCATION: Santa Ana, Orange County
EXHIBITS
Exhibit 1: Project Location Map
Exhibit 2: Project Photos
Exhibit 3: Project Letters
RESOLUTION AND FINDINGS
Staff recommends that the State Coastal Conservancy adopt the following resolution and
findings.
Resolution:
The State Coastal Conservancy hereby authorizes a grant of an amount not to exceed two
million nine hundred twenty-five thousand dollars ($2,925,000) to the City of Santa Ana ("the
grantee") to implement the Santiago Park Trail and Habitat Improvements Project. This project
will consist of constructing site improvements in a 5-acre area on the eastern end of Santiago
Park, including an accessible pedestrian walkway, native landscaping, lighting, and a pedestrian
bridge across Santiago Creek in Orange County.
Prior to commencement of the project, the grantee shall submit for the review and written
approval of the Executive Officer of the Conservancy (Executive Officer) the following:
1. A detailed work program, schedule, and budget.
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SATNA ANA RIVER: SANTIAGO PARK TRAIL AND HABITAT IMPROVEMENTS IMPLEMENTATION
2. Names and qualifications of any contractors to be retained in carrying out the project.
3. A plan for acknowledgement of Conservancy funding.
4. Evidence that all permits and approvals required to implement the project have been
obtained.
STAFF RECOMMENDATION
PROJECT SUMMARY:
Staff recommends the Conservancy authorize a $2,925,000 grant to the City of Santa Ana to
implement the Santiago Park Trail and Habitat Improvements Project. This project will consist
of constructing site improvements in a 5-acre area on the eastern end of Santiago Park,
including an accessible pedestrian walkway, native landscaping, lighting, and a pedestrian
bridge across Santiago Creek in Orange County.
Santiago Park is a 35-acre park adjacent to Santiago Creek, a tributary to the Santa Ana River.
The southeast side of the park suffers from a lack of amenities, such as drinking fountains and
benches, making it less welcoming and thus underutilized. The pedestrian trail in this section of
the park is visibly worn from high traffic and does not provide quality accessible features. The
current lighting system is insufficient and poses a safety concern for visitors in the colder
seasons when daylight is limited. As for the surrounding native landscape, the vegetation is
deteriorating from poor irrigation and contributing to wildlife habitat loss. The proposed
project is part of a long-term effort to restore all 35 acres of Santiago Park. The proposed
project site is immediately adjacent to two Santiago Park projects that have been completed
with Conservancy funding. These new sections of the park now have a lively and welcoming
ambiance that the proposed project section will be modeled on. The new park project site is a
critical connection point for improving access to the park from the City of Orange and the
Santiago Neighborhood.
The proposed project will provide many new and upgraded park amenities. The existing dirt
paths on the park's south side will be upgraded to 9,600 square feet of decomposed granite
surfaces, re-establishing a continuous pedestrian trail that improves access from surrounding
neighborhoods via Lincoln Avenue, as well as from the park's western parking lot and the City
of Orange. Trail access points connecting to the City of Orange's trail system will be revitalized
to encourage increased visitation from Santa Ana and neighboring communities. An accessible
pedestrian bridge will be installed to provide a safe and inclusive connection between the north
and south sides of Santiago Creek, an area that is currently inaccessible. These improvements
will allow park visitors to more easily reach key amenities, including the Wildlife Nature Center,
Wildlife Viewing Facility, Archery Range, and the park's trail network. The project includes
additional enhancements —such as the installation of drinking fountains, interpretive signage,
benches, and upgrades to the 27 lighting poles —that will further enrich the park's recreational
experience and public safety. Finally, the project includes restoring over 5 acres of drought -
tolerant landscape to reflect the region's natural ecosystem and ensure that plants are climate
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SATNA ANA RIVER: SANTIAGO PARK TRAIL AND HABITAT IMPROVEMENTS IMPLEMENTATION
resilient. A new automated drip irrigation system will support long-term sustainability,
preventing deterioration caused by drought conditions.
Site Description: Santiago Park is located in and owned by the City of Santa Ana, Orange County
and serves as the city's only designated wilderness park, providing vital natural open space for
an otherwise highly urbanized environment. The park supports existing suburban
neighborhoods as well as the medium density residential developments anticipated under the
City's 2032 General Plan Land Use Element. The park is approximately one mile from
Downtown Santa Ana and within walking distance of both Main Place Mall and the iconic
Discovery Cube Science Center. A 2021 City of Santa Ana survey identified Santiago Park as the
most widely used and popular park within the city, demonstrating its importance as a
recreational resource to the community. Although the park is not located directly in a
disadvantaged community, it is accessible by three major freeways and can be enjoyed by many
of the surrounding communities.
Grant Applicant Qualifications: The City of Santa Ana Public Works Agency— Park Services
Division has received and managed more than $50 million in grant funding to construct new
parks and renovate existing parks and recreation facilities. This includes several grants from the
Conservancy to improve the other segments of Santiago Park. The agency is comprised of
technical experts that ensure projects are sustainably, innovative, and completed in a timely
manner and within budget. Further, the City's competitive contractor selection and bid process
ensures that they hire qualified contractors and require performance bonds to ensure that
projects are completed on schedule and per plan specifications. The agency received support
from both the Board of Recreation and Parks and City Council to manage the improvement of
Santiago Park.
CONSISTENCY WITH CONSERVANCY'S PROJECT SELECTION CRITERIA:
The proposed project is consistent with the Conservancy's Project Selection Criteria, last
updated on September 23, 2021, in the following respects:
Selection Criteria
1. Extent to which the project helps the Conservancy accomplish the objectives in the
Strategic Plan.
See the "Consistency with Conservancy's Strategic Plan" section below.
2. Project is a good investment of state resources.
The project provides an opportunity to enhance an invaluable resource for the state. Once
implemented, it will restore and protect the ecological integrity of a portion of this tributary to
the Santa Ana River while also providing a safe recreational space. The budget is reasonable for
the scope of work. The Park Santiago Neighborhood Association has expressed strong support
for the project, deeming it as "an essential respite within the densely populated urban setting
in which [they] live". Residents and visitors will be able to enjoy the interpretive signs that will
highlight the critical role that the park plays in sustaining wildlife, even in its urban context.
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SATNA ANA RIVER: SANTIAGO PARK TRAIL AND HABITAT IMPROVEMENTS IMPLEMENTATION
4. Project benefits will be sustainable or resilient over the project lifespan.
The proposed improvements will build on the park's existing components to encourage
longevity for both ecological and recreational uses. The installation of a pedestrian bridge and
decomposed granite trail are durable solutions for the park's currently deteriorating
landscaping and trails. The habitat restoration equips the park with native plants that are
resilient to drought and support local ecology. After invasive vegetation is removed, a more
robust irrigation system will ensure the success and sustainability of newly planted native
plants.
5. Project delivers multiple benefits and significant positive impact.
The project seizes the unique opportunity to provide urban greening along one of very few
remaining natural streams in Orange County. Coupled with the plethora of recreation amenities
such as archery, pickleball, and lawn bowling, the restoration plans of the trail and enhanced
features will provide a safe and welcoming space for all local community members to recreate
freely. The project provides access to high quality greenspace for a city with several
disadvantaged communities as defined by the California Department of Water Resources.
6. Project planned with meaningful community engagement and broad community support.
The City of Santa Ana's Neighborhood Initiatives Team meets quarterly with the Park Santiago
Neighborhood Association at the Santiago Park Lawn Bowling Clubhouse where they discuss the
improvements for Santiago Park. This space allows the Neighborhood Initiatives Team and Park
Santiago Neighborhood Association to collaborate and brainstorm ideas for park
improvements. Community residents are invited to sketch and share comments directly onto
site plans provided by the City of Santa Ana Public Works Agency — Park Services Division. The
feedback is integrated into concept designs and presented to Park Santiago Neighborhood
Association for consent and approval.
PROJECT FINANCING
Coastal Conservancy
$2,925,000
City of Santa Ana Acquisition & Development Fund $200,000
(Local Residential Development Fees)
Project Total
$3,125,000
The anticipated source of Conservancy funding for this project is a fiscal year 2020/2021
appropriation to the Conservancy from the Safe Drinking Water, Water Quality and Supply,
Flood Control, River and Coastal Protection Bond Act of 2006 (Proposition 84). Chapter 5 of
Proposition 84 provides funding for the protection and restoration of rivers, their watersheds,
and associated land, water and other natural resources. Chapter 5 specifically allocates funds to
the Coastal Conservancy for projects that "expand and improve" the Santa Ana River Parkway
and that have been developed "in consultation with local government agencies participating in
the development of the Santa Ana River Parkway." (Public Resources Code section 75050(i)).
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SATNA ANA RIVER: SANTIAGO PARK TRAIL AND HABITAT IMPROVEMENTS IMPLEMENTATION
Consistent with this section, this project will construct improvements to a park along the Santa
Ana River Parkway in consultation and partnership with local government agencies. This project
is consistent with the goals of the Santa Ana River Conservancy program, as discussed in the
Consistency with Conservancy's Enabling Legislation section below. The City of Santa Ana will
also receive $200,000 through a local match from the Acquisition & Development Fund
(Residential Development Fees).
Unless specifically identified as "Required Match," the other sources of funding and in -kind
contributions described above are estimates. The Conservancy does not typically require
matching funds or in -kind services, nor does it require documentation of expenditures from
other funders or of in -kind services. Typical grant conditions require grantees to provide any
funds needed to complete a project.
CONSISTENCY WITH CONSERVANCY'S ENABLING LEGISLATION:
The proposed project is consistent with the provisions of Chapter 4.6 of Division 21 of the
Public Resources Code, Sections 31170 to 31174 regarding the Santa Ana River Conservancy
Program and funding for recreational opportunities and trails within the Santa Ana River region.
The Santa Ana River region includes lands on either side of the Santa Ana River or its tributaries
(Section 31172(c)).
Section 31173 authorizes the Conservancy to undertake projects and award grants to public
agencies to help achieve the goals of the Santa Ana River Conservancy Program, including
recreational opportunities and trails, and wildlife habitat and species restoration, and
enhancement (Section 31173(a)). Santa Ana River Conservancy Program goals also include
public access to, enjoyment of, and enhancement of recreational and educational experience
on program lands in a manner consistent with the protection of land and natural resources and
economic resources in the area (Section 31173(b)).
Section 31174(c) states that the Conservancy shall "Give priority to river -related projects that
create expanded opportunities for recreation, greening, aesthetic improvement, and wildlife
habitat along the corridor of the river and in parts of the river channel that can be improved
without infringing on water quality, water supply, and necessary flood control."
Consistent with the above referenced sections, the proposed project is located adjacent to
Santiago Creek, which is a tributary of the Santa Ana River, and is thus within the region
covered by the Santa Ana River Program. The proposed project will help achieve the goals of
the Santa Ana River Conservancy Program by enhancing recreational opportunities and trails
and by restoring wildlife habitat in Santiago Park. The project will plan for expanded
opportunities for recreation within the park, and plan for greening, aesthetic improvements,
and wildlife habitat along Santiago Creek. The improved security lighting will expand and
improve the recreational hiking and biking experience within the park. The installation of
interpretive elements also will improve the educational experience and provide context for
wildlife viewing and enjoyment.
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SATNA ANA RIVER: SANTIAGO PARK TRAIL AND HABITAT IMPROVEMENTS IMPLEMENTATION
Section 31174(b) requires the Conservancy to prepare the Santa Ana River Parkway and Open
Space Plan (Plan), which was approved by the Conservancy in May 2018. The Plan is required to
identify and prioritize low -impact recreational and open -space needs, including additional or
upgraded facilities and parks that may be necessary or desirable within the Santa Ana River
watershed. This project is identified as a priority project in the Plan that will assist in upgrading
facilities and parks that are necessary or desirable within the Santa Ana River watershed.
CONSISTENCY WITH CONSERVANCY'S 2023-2027 STRATEGIC PLAN:
Consistent with Goal 1.1 Commit Funding to Benefit Systematically Excluded Communities,
the proposed project will benefit disadvantaged communities by constructing park facilities that
will support recreational and educational opportunities for local disadvantaged youth.
Consistent with Goal 2.4 Build Trails, the proposed project will provide improvements to trail
accessibility and safety along Santiago Creek, a tributary to the Santa Ana River and linked to
the Santa Ana River Trail and Santa Ana River Parkway.
Consistent with Goal 2.5 Recreation Facilities and Amenities, the proposed project will provide
interpretive signage and trail amenities such as seating and lighting along the Santiago Creek, a
tributary to the Santa Ana River and linked to the Santa Ana River Trail and Santa Ana River
Parkway.
CECIA COMPLIANCE:
The proposed project is categorically exempt from review under the California Environmental
Quality Act (CEQA) pursuant to the CEQA Guidelines at Title 14 California Code of Regulations,
Article 19, Section 15304 (Minor Alterations to Land, Class 4). Class 4 consists of minor public
alterations in the condition of land, water, and/or vegetation that will not remove healthy
mature trees, examples of which include but are not limited to new gardening or landscaping,
and bicycle lanes. Consistent with this section, the proposed project consists of landscaping and
installation of park amenities, and no mature trees will be removed.
Upon approval of the project, Conservancy staff will file a Notice of Exemption.
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