City of Reno
Nevada

Staff Report
11655

Staff Report (For Possible Action): Approval of nonrevocable property restrictions for Brodhead, Crissie Caughlin and Schiappacasse, Cyan, Double Diamond, Fisherman's I, Miguel Ribera, Somersett West and Terrace Sports Complex Parks in accordance with requirements for use of Federal Land and Water Conservation Funds. (No City Funds)

Information

Department:Parks and RecreationSponsors:
Category:AgreementProjects:Other

Recommendation and Proposed Motion

Recommendation:  Staff recommends approval of the Nonrevocable Agreements to Restrict Property for the subject parks and authorize the Mayor to sign.

 

Proposed Motion:  I move to approve staff recommendation.

Staff Report Formal Body

Summary: The City has accepted Land and Water Conservation Funds (LWCF) from the federal government over the years to assist with acquiring and constructing certain parks and recreational featuresWhen accepting these funds, local agencies agree to restrict the property to park and recreation use only; such restriction runs in perpetuity unless replaced by another facilityThe US Department of Interior, which manages the program, now requires that local agencies file proper agreements with the county recorder to restrict the property for park and recreation use only.  Agencies must file the document(s) in order to receive future funding from the program.  This item includes the necessary documentation to record the agreements.

 

Background:  The City has accepted LWCF grants for projects as shown in the table below.

 

LWCF #

Award Date

Project

Park

Grant Amount

32-00025

6/14/1971

Construct pool

Traner1

$150,000

32-00047

6/30/1972

Construct park

Brodhead Park

$29,800

32-00045

8/16/1972

Construct tennis courts

Reno Tennis Center2

$60,826

32-00050

12/13/1972

Purchase river property

Crissie Caughlin Park & Schiappacasse Park

$70,000

32-00132

8/30/1977

Construct park

Crissie Caughlin Park

$45,337

32-00188G

8/10/1984

Truckee River Access

Fisherman's Park I

$55,000

32-00256

7/1/2004

Park improvements

Terrace Sports Complex

$250,000

32-00311

9/10/2010

Park improvements

Double Diamond Park

$50,000

32-00347

6/1/2017

Construct skate park

Miguel Ribera Park

$225,000

32-00357

6/1/2019

Construct park

Somersett West Park3

$200,000

32-00047

7/23/2019

Conversion/Banked property

Cyan Park4

N/A

Notes:

1.  Traner Pool property owned and already restricted by WCSD.

2.  Reno Tennis Center property owned and already restricted by Washoe County.

3. Construction in progress.

4.  Restricted due to loss in value of portions of Brodhead Park which were converted to other use.

 

Discussion: Accepting LWCF grants incurs a restriction on the use of the property in perpetuity for park and related recreational use only.   The restriction prohibits, among other things: installation of utilities not used to support the park, including cellular phone towers; construction of recreation centers or other indoor recreation facilities; construction of any public facility not used solely for recreation; and construction of facilities for private purposes.

 

Prior rules for the use of LWCF required that agencies restrict the use of funded park properties for related park and recreation use, but did not require that agencies record any documentation with the County Recorder.  The City of Reno has not filed restrictions on past projects.  There have been a number of unauthorized uses of LWCF funded park properties throughout the United States over the years, including several in Nevada, so agencies are now required to file appropriate documentation to continue to receive funding.

 

In the event a local agency desires to use a restricted property for another use, the agency must request conversion of the value of the lost portion of park property by adding a suitable replacement of equal or greater value.  The conversion process requires that an agency acquire new land or construct new recreational facilities on property not already used for recreational purposes, and in a value equal to or greater than that which is converted.  The value is based on a federally mandated appraisal process.  In the event the new property’s value exceeds the loss in value of the converted property, that excess value (“banked value”) can be used towards a future conversion of another restricted property if so desired.  In Reno’s case, we replaced the value of that portion of Brodhead Park which the City sold for private housing by placing a new restriction on Cyan Park, which at the time had not been transferred to City ownership and was thus eligible for conversionThis resulted in a banked value of $2,963,000 for the city.

 

Any local agency’s failure to suitably protect its properties funded through LWCF would place the statewide LWCF program in jeopardy of losing funding through the program.  The local agency will also be required to construct a suitable replacement facility in another location, which cannot be a site already used for recreational purposes, even if funded through non-federal sources.

 

The attached documents meet the filing requirement and have been approved through Nevada State Parks, which administers the LWCF program at the state level.

 

Financial Implications:  None at this time.

 

Legal Implications: Legal review completed for compliance with City procedures and Nevada Law.