Program: Santa Ana River Parkway Program

Bond Act: Proposition 84

Agency of Appropriation: State Coastal Conservancy

Bond Statute: 75050(i), 75050(i), ref 1, 75050(i), ref 2, 75050(i), ref 3

Implementing Statute: Public Resources Code §31000 et. seq.

  • Front-end
  • In-progress
  • Follow-up (Audit)

The Conservancy will disburse funds to specific projects that will expand and improve the Santa Ana River Parkway. Projects will be developed by Conservancy staff working in close consultation with local government agencies participating in the development of the Santa Ana River Parkway. Extensive planning for the Santa Ana River Parkway has already been completed by local governments and nonprofit organizations. Conservancy staff will refer to these plans and planning initiatives, such as the Santa Ana River Trail and Parkway Collaborative Partnership, to set priorities for project development and eventual funding. Of the total funds available under Public Resources Code 75050(i), a sum of $30,000,000 will be divided equally for expenditure on projects in Orange, San Bernardino and Riverside Counties.

Before project phases are brought forward for funding they will be evaluated by the Conservancy staff to be consistent with the Conservancy`s Statutory Authorities, Strategic Plan and Project Selection Criteria. In evaluating potential projects that involve land acquisition or restoration for purposes of natural resource protection, the Conservancy will also give priority to projects that are consistent with the Proposition 84 Project Selection and Funding Provisions.

Conservancy staff will present the selected projects to the Coastal Conservancy board for funding authorization at one of its public meetings, which are held approximately six times per year. Funds will be disbursed pursuant to contractual agreements with the implementing agency or organization.

Proposition 84 Project Selection and Funding Provisions (reference: Public Resources Code 75071)

In evaluating potential acquisition or restoration projects, the State Coastal Conservancy shall give priority to projects that demonstrate one or more of the following characteristics:

  • Landscape/Habitat Linkages: properties that link to, or contribute to linking, existing protected areas with other large blocks of protected habitat. Linkages must serve to connect existing protected areas, facilitate wildlife movement or botanical transfer, and result in sustainable combined acreage.
  • Watershed Protection: projects that contribute to long-term protection of and improvement to the water and biological quality of the streams, aquifers, and terrestrial resources of priority watersheds of the major biological regions of the state as identified by the Resources Agency.
  • Large Unprotected areas: Properties that support relatively large areas of under-protected major habitat types.
  • Habitat Linkages: Properties that provide habitat linkages between two or more major biological regions of the state.
  • Non-State Matches: Properties for which there is a non-state matching contribution toward the acquisition, restoration, stewardship or management costs. Matching contributions can be either monetary or in the form of services, including volunteer services.

State Coastal Conservancy Statutory Authorities

Conservancy projects are carried out pursuant to the following statutory authorities contained in the Conservancy`s enabling legislation (Division 21 of the Public Resources Code). Projects undertaken by the Conservancy to implement the Santa Ana River Parkway with Proposition 84 funds are likely to be carried out pursuant to one or more of the following authorities:

Public Coastal Access (reference: Public Resources Code Sections 31400, 31400.1):

The Coastal Conservancy is authorized to identify and implement a comprehensive system of public access to and along the shoreline, including acquisition of necessary rights-of-way, installation of appropriate recreational support facilities, and provision of management and operation funding. The Conservancy has the principal role in ensuring that interests in property that are required and recorded pursuant to Division 20 for approved development to occur, are accepted and opened to the public.

California Coastal Trail and Inland Trail Systems (reference: Chapter 446, Statutes of 2001, and Public Resources Code Sections 31408, 31409)

The Conservancy is required to coordinate the development of the California Coastal Trail. As required by statute the Conservancy has completed a plan for the trail. The Conservancy may also award grants and undertake projects to expand inland trail systems that may link to the Coastal Trail.

Urban Waterfront Development (reference: Public Resources Code Sections 31301, 31305):

The Coastal Conservancy is authorized to restore the State`s urban waterfronts into environmentally sound areas through the creation of parks, open space and visitor serving facilities and to preserve, restore and enhance urban coastal watersheds. Pursuant to this chapter, the Conservancy may award grants for projects that encourage tourism, public access, and coastal-dependent private-sector development. In awarding such grants, the Conservancy gives priority to projects which promote excellence of design and the sensitive integration of buildings into the natural coastal environment.

Natural Resource Restoration and Enhancement (reference: Public Resources Code Sections 31053, 31251, 31251.2): The Coastal Conservancy is authorized to undertake projects to enhance coastal resources that, because of indiscriminate dredging and filling, improper location of improvements, natural or human-induced events, or incompatible land uses, have suffered loss of natural or scenic values. Under this authority, the Conservancy preserves and increases fish and wildlife habitat and other resource values through public actions including acquisition of resource areas, restoration of degraded sites, and avoidance of incompatible uses.

Integrated Coastal and Marine Resources Protection (reference: Public Resources Code Section 31220):

In order to improve and protect coastal and marine water quality, the Conservancy is authorized to undertake projects that protect and restore coastal watersheds and coastal and marine habitats. The Conservancy may undertake projects directly or may award grants for these purposes in consultation with the State Water Resources Control Board and regional water quality control boards.

State Coastal Conservancy Strategic Plan

The 2003 Coastal Conservancy Strategic Plan was prepared pursuant to the direction and guidelines provided by the Department of Finance in Management Memo 96-23 (8/9/96) and Budget Letter 96-16 (9/23/96). The Conservancy conducted public hearings and reviewed preliminary drafts on January 25, 2002 (San Diego), May 24, 2002 (Oakland), September 27, 2002 (Newport Beach), and December 4, 2002 (Oakland). The Strategic Plan was approved by the Coastal Conservancy at a public hearing on June 4, 2003 for transmittal to the Resources Agency and the Governor`s Office.

The document describes current and historic resource allocation by the Conservancy, public needs served by the agency, policies and principles guiding the Conservancy and its staff, and the intended and recommended future course of the agency`s efforts. For strategic planning purposes, the Conservancy`s eleven statutory areas are grouped into three program areas: 1) Public Access; 2) Coastal Resource Conservation; and 3) San Francisco Bay Area Conservancy Program. Each of these areas is broken down into specific programs with goals and objectives. Within the framework of overall goals and objectives, this plan also provides information on regional goals and objectives within the Conservancy`s four administrative regions:

  • North Coast (Del Norte through coastal Marin counties)
  • San Francisco Bay Area Conservancy (nine Bay Area counties)
  • Central Coast (coastal San Mateo through Santa Barbara)
  • South Coast (Ventura through San Diego counties)

The Conservancy is in the process of updating its strategic plan. The updated plan will reflect recent changes to the Conservancy`s statutory authorities and new funding scenarios.

State Coastal Conservancy Project Selection Criteria

These criteria ensure that the projects proposed for funding are consistent with the Conservancy`s enabling legislation, are of regional or statewide value, are consistent with the purposes of the available funding source, are needed and ready to implement and are leveraged by other funds if possible. The project selection guidelines are as follows:

Key Criteria Required by the Conservancy

  • Promotion of the Conservancy`s statutory programs and purposes
  • Consistency with purposes of the funding source
  • Support from the public
  • Location (must benefit coastal resources or the San Francisco Bay region)
  • Need (desired project or result will not occur without Conservancy participation)
  • Greater-than-local interest

Additional Conservancy Adopted Criteria

  • Urgency (threat to a coastal resource from development or natural or economic conditions; pressing need; or a fleeting opportunity)
  • Resolution of more than one issue
  • Leverage (contribution of funds or services by other entities)
  • Conflict resolution
  • Innovation (for example, environmental or economic demonstration)
  • Readiness (ability of the grantee and others to start and finish the project timely)
  • Realization of prior Conservancy goals (advances previous Conservancy projects)
  • Return to Conservancy (funds will be repaid to the Conservancy, consistent with the Conservancy`s long-term financial strategy)
  • Cooperation (extent to which the public, nonprofit groups, landowners, and others will contribute to the project)
Authorized funds are disbursed pursuant to contractual agreements with the implementing agency or organization. Grantees or contractors must provide the Conservancy with a detailed scope of work, budget and schedule for the project prior to initiating any work. The Conservancy disburses grant funds for completed work upon approval of the Grantee’s request for disbursement and supporting documentation. Conservancy project managers approve payment of funds only after assuring that all requested expenses are for work that has been satisfactorily completed pursuant to the project scope of work and budget, and that the grantee or contractor is in compliance with all the terms and conditions of the grant agreement or contract. Funds may be disbursed as progress payments, billed monthly or upon completion of individual tasks, or upon completion of the entire project. The Conservancy withholds ten percent of all progress payments to be released only upon satisfactory completion of the project.

Grant funds disbursed for the acquisition of real property are deposited directly into an escrow established for the transaction upon Conservancy staff’s review and approval of all sale and title documents.
Prior to approving the final grant payment, Conservancy staff conduct a project completion audit. This process includes review and approval of the final work product, a site visit and inspection where appropriate, and a review of the contract and project files to assure that all required documentation is in place.

For projects involving construction, including environmental restoration and enhancement, the grantee must provide the Conservancy with an inspection report by a licensed architect or registered engineer or the grantee’s Public Works Director certifying completion of the project according to the approved work program, and with `as built` drawings or photographs of the completed project. The grantee must also agree to manage and maintain the improvements consistent with the purposes of the awarded grant funds for an appropriate period of time, generally not less than twenty years.

For projects consisting of the acquisition of fee title to real property, the grantee must record an Irrevocable Offer to Dedicate Title in Fee, deed restriction, or other legal instrument that serves to permanently dedicate the property for the acquisition purposes. Such instruments run with the land and are binding on the grantee’s successors in interest. These instruments also contain a provision that enables the Conservancy or its designee to assume title to the property should the grantee cease to exist or violate the conditions of the grant agreement. These instruments provide the Conservancy with the ability to ensure that the property continues to be used for the acquisition purposes in perpetuity.

For projects consisting of the acquisition of easements, the easement must contain provisions that serve to ensure that the property is permanently dedicated to the acquisition purposes and is managed and operated in a manner consistent with those purposes. The Conservancy also requires that the grantee monitor the real property at least once a year to ensure compliance with the conservation easement, and submit a monitoring report to the Conservancy. Provisions of the easement ensure that should the grantee cease to exist or violate the conditions of the grant agreement, the Conservancy or its designee have the ability to assume title to the easement.

No property interests, whether fee title or easements, acquired with bond funds may be used as security for debt or transferred to another owner without the prior approval of the Conservancy.

Projects within this Program: