HomeMy WebLinkAboutCA, STATE, DEPARTMENT OF PARKS AND RECREATION - 20072
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RECORDING REQUESTED BY:
California Department of Parks and Recreation
Office of Grants and Local Services
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Melinda Steinert
O PRc (I)
A-2007-297-001
CONFORMEUCOP'i
Recorded in official Records, orange County
Renee Ramirez, Assistant Clerk -Recorder
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DEED RESTRICTION 10,
1. WHEREAS, City of Santa Ana, Parks, Ree & Community Services, (hereinafter referred
to as "Owner(s)" (or "Applicants') istare recorded owner(s) of the real property described in Exhibit A,
attached and incorporated herein by reference (hereinafter referred to as the "Property"); and
if. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to
as "DPR'� is a public agency created and existing under the authority of section 5001 of the California
Public Resources Code (hereinafter referred to as the "PRC'). And
III. WHEREAS, Owner(s) (or Applicants) applied to DPR for grant funds available pursuant
to the Habitat Conservation Fund, Wetlands Program for a project to restore four acres of wetland and
riparian habitat at Carl Thornton Park in the City of Santa Ana and install signage; and
IV. WHEREAS, DPR's Office of Grants and Local Services conditionally approved Grant
HW-30-005 , (hereinafter referred to as "Grant") for a project to restore four acres of wetland and
habitat at Carl Thornton Park in the City of Santa Ana and install signage, subject to, among other
conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the
Grant would not be consistent with the public purposes of the Habitat Conservation Fund, Wetlands
the funds that are the subject of the Grant could therefore not have been granted; and
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?l V?-?a-ovS
RECORDING REQUESTED BY: Q ct -cod 3 g
California Department of Parks and Recreation
?
Office of Grants and Local Services C?a?d.e -???
?'+?
WHEN RECORDED MAIL TO:
Office of Grants and Local Services
PO Box 942896
Sacramento, CA 94296-0001
Attn: Melinda Steinert ? O PY
-?RCS?1?
R? t?v,o
OL'T 2 5 2012
A-2007-297-00'1 DEED RESTRICTION
I. WHEREAS, City of Santa Ana, Parks, Rec 8c Community Services, (hereinafter referred
to as "Owner(s)" (or "Applicants'? is/are recorded owner(s) of the real property described in Exhibit A,
attached and incorporated herein by reference (hereinafter referred to as the "Property"); and
II. WHEREAS, the California Department of Parks and Recreation (hereinafter referred to
as "DPR'? is a public agency created and existing under the authority of section 5001 of the California
Public Resources Code (hereinafter referred to as the "PRC"). And
III. WHEREAS, Owner(s) (or Applicants) applied to DPR for grant funds available pursuant
to the Habitat Conservation Fund ,Wetlands Program for a project to restore four acres of wetland and
riparian habitat at Carl Thornton Park in the City of Santa Ana and install signage; and
IV. WHEREAS, DPR's Office of Grants and Local Services conditionally approved Grant
HW-30-005 , (hereinafter referred to as "Grant") for a project to restore four acres of wetland and riparian
habitat at Carl Thornton Park in the City of Santa Ana and install signage, subject to, among other
conditions, recordation of this Deed Restriction on the Property; and
V. WHEREAS, but for the imposition of the Deed Restriction condition of the Grant, the
Grant would not be consistent with the public purposes of the Habitat Conservation Fund, Wetlands and
the funds that are the subject of the Grant could therefore not have been granted; and
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VI. WHEREAS, Owner(s) has/ve elected to comply with the Deed Restriction of the Grant,
so as to enable Owner(s), to receive the Grant funds and perform the work described in the Grant-
NOW, THEREFORE, in consideration of the issuance of the Grant funds by DPR, the
undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns, and successors-
in-interest, hereby irrevocably covenant(s) with DPR that the condition of the grant (set forth at
paragraph(s) 1 through 5 and in Exhibit B hereto) shall at all times on and after the date on which this
Deed Restriction is recorded constitute for all purposes covenants, conditions and restrictions on the use
and enjoyment of the Property that are hereby attached to the deed to the Property as fully effective
components thereof.
1. DURATION. (a) This Deed Restriction shall remain in full force and effect and shall
bind Owner(s) and all his/her/their assigns or successors-in-interest for the period running from July 1,
2007 through June 30, 2017.
2. TAXES AND ASSESMENTS. It is intended that this Deed Restriction is irrevocable
and shall constitute an enforceable restriction within the meaning of a) Article XIII, section 8, of the
California Constitution; and b) section 402.1 of the California Revenue and Taxation Code or successor
statue. Furthermore, this Deed Restriction shall be deemed to constitute a servitude upon and burden to
the Property within the meaning of section 3712(d) of the California Revenue and Taxation Code, or
successor statue, which survives a sale of tax-deeded property.
3. RIGHT OF ENTRY. DPR or its agent or employees may enter onto the Property at time;
reasonably acceptable to Owner(s) to ascertain whether the use restrictions set forth above are being
observed.
4. REMEDIES. Any act, conveyance, contract, or authorization by Owner(s) whether
written or oral which uses or would cause to be used or would permit use of the Property contrary to the
terms of this Deed Restriction will be deemed a violation and a breach hereof. DPR may pursue any and
all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction.
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In the event of a breach, any forbearance on the part of DPR to enforce the terms and provisions hereof
shall not be deemed a waiver of enforcement rights regarding any subsequent breach.
5. SEVERABILI"I'Y. If any provision of these restrictions is held to be invalid, or for any
reason becomes unenforceable, no other provision shall be affected or impaired.
Dated: /p -? '? , 2p /o?
Business Name (if property is owned by a business):
Signed:
au a ters
City Manager
PR[NTli'YPE NAME 8c CAPACrrY OF AHOVE
(CiF> eU??$.AUTHORIZED REPRESENTATIVE)
A ? ? r A I? I' ? .???t?
MARIA D. HUIZ.4R
CLERK OF THE COUNCIL
APPROVED AS TO FO121uj
;;
' Laura Sti Speedy
Assistant ity Attorney
Signed:
PRiNT/iYPE NAME 8e CAPACITY OF ABOVE
(ADDITIONAL SIGNATURE. AS REQUIRED)
**NOTARY ACKNOWLEDGEMENT ON THE NEXT PAGE**
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State of California
County of ?( q
On ? c?p?y1 ? before me, MOl r, ti fl . ?-itj,'e,e,? , a Notary Public,
personally appeared PA-?:Q I?n . ti..7A.? ?/? ---,_;yho proved to me on the basis of
satisfactory evidence to be the person(s) whose name(?(t?are subscribed to the within instrument and
acknowledged to me that l(?Tfshe/they executed the same in t?/he-r?their authorized capacity, and that
by 1S 1crrm6i>- signature?on the instrument the person, or the entity upon behalf of which the
person('?acted, executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that the
foregoing paragraph is true and correct.
WITNESS my?ha?nd a^nd official seal. u
Signature / ?/ 1??? ? •/?u.?¢-,i
(Seal)
MARIA D. HUIZAR
Commission #r 1974202
'?? Notary Public - CaliforMa
Orange County
M Comm Ex Tres A r 5, 2078
4
EXHIBIT A
LEGAL
DESCRIPTION OF
PROPERTY
EXHIBIT A (alternative)
CIENEGA DE LAS RANAS HABITAT RESTORATION
H W-30-005
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TOPOGRAPHY MAP
Seareh: 1.8C1I 1fil. SPGERSTROM, SAFJTA Address o,- Aare - Go _:=,????, -??i?7 or
' EXHIBIT B A-2007-297
State of California -Natural Rasourcaa Agency
Department of Parks and Recreation
A-2007-297 GRANT CONTRACT
Habitat Conservation Fund
Wetlands
GRANTEE city of Santa Ana ?/' ®?Y
PROJECT PERFORMANCE PERIOD is from ?;I, r,, zoos r,?,, star^n 31 ??±;
PROJECT TITLE CIENEGA OE LAS RANAS HABITAT RESTORATION PROJECT NUMBER HW-3o-oos
Under the terms and conditions of this agreement, the applicant agrees to complete the project as described in the project dascriptlon,
and :he State of CalHomia, acting trough its Director of Parks end Recreation pursuant to the program named above, agrees to fund the
prgact up to the total grant amount mdicated.
PROJECT DESCRIPTION
A prcject to restore four acres of wetland habitat vnthin a 35 acre park.
Total State Grant not to exceed i.50 000 00 (or 50% of the total project, which ever is less)
City at Santa Ana TM Ganaral and Spacial Provisions attacfiad are made a part
Grantee of attd incorporated Into Ma Contract
By __(; E.rardo M?Llt=.t_ _ -_- -
Typed or r r erne name of Authorized RaprasaMative /? STATE OF CALIFORNIA
/?? ? ?_? -!,---_ ???_ <_ a DEPARTMENT OF PARKS AND RECREATION
Signature of Aulhori zed Ratxaaantativa g ? ?
Address 26 Civic Center P1aLa,M-75, Santa Ana, CA By LCD--?-W\
_ _
- 92701 _ - -_____V.,n
Title City RAanagar or Exacutlva Director Date ?? t, ?j
-_- -??? 1
Date - _ - - ? ? - ?_ ?-- ------
CERTIFICATION OF FUNDING
IX)NTRACT NO AR?NDMIENT NO CALSTARS VENDOR NO. PROJECT NO.
"E)7E3018 ? 000000434200 HW-30-005
_- ____
AMOUNT FNGL1Mr q?L :.. .. i
FUNfJ. -_ -.--
_.
_.____..-_ __ _ - _ ____y
$80,000 00 Habitat Con sarvation Fund
PRIOR AMOUNT ENCUMREREO FOR THIS ITEPA ? CHAPTER ? STA TUTE i FISCAL YEAR
coNTRACT ? 3790-10'I-0282(1) ? x/09 Og 20'1 /'12 I
TOTAL AMOUNT ENCUMP.-FFO To DATE MDEX. OBJ. EXPEND PCA. PROJECT r'N ORK PHASE
5 $80.000.00 t 09'1 702 63958
T.B A. NO. I harotry cartity upon my personal krwwledge that budgeted finds era available for this encumbrance.
O.R.. NO. ,ACCOUNTING OFFICER'S 3IGNAn rRE DATE. , ? -
C??G?11?` Ct ' ! ? ? ? ? .`
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 city of Santa nna (hereinafter referred to as
"grantee").
2. The California Wildlife Protection Act of 1990, Fish and Game Code, Chapter 9,
commencing with Section 2780 (the ACT) authorizes the STATE to award grants
to 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 $2,000,000 GRANT program was made available
through the California Wildlife Protection Act of 1990, Fish and Game Code,
Chapter 9 (commencing with Fish and Game Code § 2780).
4. The STATE hereby grants to grantee a sum (hereinafter referred to as "grant
monies") not to exceed Si xt? thnncanri Anl lar? Dollars
($ moo, o00 . oo ), subject to the terms and conditions of this agreement, the
HCF Application GUIDES, any legislation applicable to the ACT and the
APPLICATION.
5. In consideration thereof grantee agrees to abide by the terms and conditions of
this agreelT?ent as welt 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
III. GENERAL-PROVISIONS
A. Definitions
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.
b. 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 1 of this 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
deerlmountain 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 ADMINISTRATION 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 I 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 ttae 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 terms 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 21000, et. seq_, Title 14, California Code of Regulations,
.Section 15000 et. seq.).
HCF 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 laws and codes pertaining to individuals with disabilities, including but not
limited to the Americans With Disabilities Act of 1990 (42 U.S.C. §121Q1 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 all 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. Proj®ct Costs
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 no#ify grantee within a reasonable
time.
D. Project Administrafion
1. If the STATE advances grant monies for ACQUISITION projects, the STATE shall
place the grant monies in an escrow account. If grant monies are advanced and
not expended, the unused portion of the advanced funds shall 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. tnterest earned on the advanced funds shall 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 1 0 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 shah have the right to inspect all 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,
modrfication 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 properly 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 abiiity_
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, speck performance of the
agreement in accordance with the purpose of the agreement to 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 ? GRANT ADMINISTRATION GVIDE
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 shah 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 gran#ee 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 shall indemnify, hold harmless and
defend the STATE, its officers, agents and employees against any and alt claims,
demands, damages, costs, expenses or liability costs arising out of an
ACQUISITION, ENHANGEMENT, 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 Government 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.
7iCF PROGRAM '12 GRANT ADMINfSTRATfON GUIDE
H. Financial Records
? . 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 righ# 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 activities 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 maintain project sites andlor 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 'I 3 GRANT ADMINISTRATION GUIDE
4. All facilities shah 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 for 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 specific 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_ If 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 #rom the STATE or the pro-ra#ed full market value of the real
property, including improvements, at the time of sale, whichever is higher.
1 O. If 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 o#her 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, expla+n, 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
Signature of Authorized Represe, tatlve (Position Authorized in the Resolution)
Title: Executive Director - Parks, Recreation & Community Services Agency
Date: ? - l c?- -` , ?-
HCF PROGRAM ? (7' GRANT ADMINISTRATION GUIDE
CONSENT CALENDAR
CONDITIONAL USE PERMIT !VARIANCES
31.A. VARIANCE NO. 2006-14 - 100 SOUTH MAIN STREET
Filed by Caribou Industries, to vary from the sign code and allow an
additional wall sign on 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 , 2008 meeting by a vote of 4-O (Leo absent, Betancour#
abstained)
Applicant: Caribou Industries
Motion: Receive and file the staff report approving Variance No. 200fi-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.
"END OF CONSENT CALENDAR"'
BUSINESS CALENDAR
55.A. RESOLUTION AUTHORIZING PARTICIPATION IN THE CALIFORNIA
STATE PARKS HABITAT CONSERVATION FUND PROGRAM
Motion: Adopt resolutions.
RESOLU-rION 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 Restoration Project
RESOLUTION 2007-005- 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 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 FY2007-2008 under the Habitat Conservation Fund Program
of the California Wildlife Protection Act of 1990 for the Centennial Peninsula
Waterfowl Sanctuary Project at Centennial Park
CITY COUNCIL MINUTES 9 JANUARY 2, 2007
BUSINESS CALENDAF2
MOTION: Alvarez SECOND: Tinajero
VOTE: AYES: Alvarez, Benavides, Sustamante, 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 2007-007 - 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 2007-008 - 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 (0)
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 City of
Santa Aria authorizing the filing of a Federal Emergency Management
Agency (FEMA) Pre-Disaster 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:
RESOLUTION AUTHORIZING
PARTICIPATION IN THE CALIFORNIA
STATE PARRS HABITAT CONSERVATION
FUND PROGRAM
?? ? ?t:/t-! G
CITY MANAGER
RECOMMENDED ACTION
CLERK OF COUNCIL USE ONLY:
APP ROVED
Q As Recommended
[] As Amended
? Ordinance on ??' Reading
? Ordinance on 2"' Reading
? Implementing Resolution
? Set Public Hearing For
CONTINUED TO
FILE NUMBER
Adopt a resolution authorizing the submittal of a grant application in
the amount of $75,000 to the California State Parks Habitat
Conservation Fund P r og ram f o r t he McFadden T r i a ng 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 Fund Program for the Cienega de las Ranas Habitat
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 Cont_annial Park.
DISCUSSION
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-iroughout the 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
app 1 i c a t i on s t o t he C a l i f orn i s S tat e Park s Hab i t a t C o n s e rva t i on Fund
Program f o r th e McFadden T r i ang l e Restoration , C i en e ga de 1 a s Rana s
Habitat Restoration at Thornton Park, and the Centennial Peninsula
Waterfowl Sanctuary Project at Centennial Park. The State Resources
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
R 2 s o 1 u t i on f o r C a l i f orn i s Hab i t a t C on s erva t i on Fund
January 2, 2007
Page 2
The McFadden Triangle has been identified as an opportunity site in the
Santa Asia River Vision P1an_ The proposed project will 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 ene ga d e 1 a s Rana s Hab i t a t Restoration Pro j e c t a t Thornton Par k
consists of the re-creation of the 2iistoric 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 cl-iannel to the lake with a band of native wetland and riparian
habitat. To accomplish this, non-native exotic grasses will be removed,
and native plants, along with plant and wildlife interpretive signage
will 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 SMPACT
Ther is no fiscal impact associated with this action.
_ ???
Ger a do Moue t
Ex a c t i ve D i r e c t o r
Park Recreation and
Community Services Agency
55A-2
RESOLUTION NO. 2007-005
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 CALIFONIA
WILDLIFE PROTECTION ACT OF1990 FOR THE
CIENEGA DE LAS RANAS HABITAT RESTORATION
PROJECT AT THORNTON 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 '1990, 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 application(s) 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 1990
State grant assistance in the amount of $60,000 to re-create the historic ecological
conditions of the site by removing non-native exotic grasses and replanting native plants
and installation of interpretive signage; 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. 2007-005
Page 1 of 2
Section 4. The City Council certifies that the City has or will have availab{e
prior to commencement of any work on the project(s) included in this application, the
required r-natch; and
Section 5. The City Council appoints the City 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, inckuding but not limited to applications, agreements, amendments and
payment requests which may be necessary for the completion of the aforementioned
project.
ADOPTED this 2"" day of January, 2007
?,? ?
iguel A. ulido
Mayor
APPROVED AS TO FORM:
Joseph W. Fletcher, Gity Attorney
_ ;
BY _ _?.. c' Cr
Laura Sheed?y
Assistant City Attorney
AYES Councilmembers f"\Iva ?- _ _. ; ?_ ,_:_ i'vlartinez,
Pufir _ ? ? -
NOES. Councilmembers
ABSTAIN: Councilmembers None (O)
NOT PRESENT: Councilmembers None f0)
CERTIFICATION OF ATTESTATION AND ORIGINALkTY
k, PATRICIA E. HEALY, Clerk of the Council, do hereby attest to and certify the
attached Resolution No. 2007-005 to be the original resolution adopted by the City
Council ofi the City of Santa Ana on January 2. 2007.
_ 7
Date- ?? L- _ -? ?' `? _ _ ?
Patricia E. Healy
Clerk of the Council
City of Santa Ana
Resolution No. 2007-005
Page 2 of 2