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HomeMy WebLinkAboutItem 11d - Recording Deed Restriction at Tierra Verde ParkApprove Recording of Deed Restriction at Tierra Verde Park April 1, 2025 Page 1 of 4 DATE: April 1, 2025 TO: Honorable Mayor and City Council FROM: Paul Cranmer, Public Works Services Director By: Daniel Vargas, Management Analyst SUBJECT: RECORD DEED RESTRICTION AT TIERRA VERDE PARK TO COMPLY WITH MEASURE A GRANT REQUIREMENTS TO PROVIDE PICKLEBALL COURTS AT THE FACILITY CEQA: Not a Project Recommendation: Approve SUMMARY On March 19, 2024, the City Council adopted Resolution No. 7549, approving a blanket authority to file applications for Los Angeles County Safe, Clean Neighborhood Parks and Beaches Measure (“Measure A”) grant funds, from the Los Angeles County Regional Park and Open Space District (“RPOSD”). The City of Arcadia has been allocated $30,000 of Measure A County Priority Funds for the Tierra Verde Park Pickleball Court Project. As a condition of this Measure A grant, the City must record a deed restriction for the Tierra Verde Park property where the park improvements will be implemented. The deed restriction requires the property to be used as open space in perpetuity. It is recommended that the City Council authorize recording a deed restriction at Tierra Verde Park to comply with Measure A grant requirements and proceed with the court modifications. BACKGROUND The first dedicated pickleball courts in Arcadia are being constructed at Newcastle Park (143 Colorado Boulevard), which is slated to reopen in Fall 2025. When complete, Newcastle Park will have 4 dedicated pickleball courts and two dedicated tennis courts. Before the improvements to Newcastle Park were planned, all existing courts in Arcadia were designed for tennis play, apart from Camino Grove Park, where 3 courts are regularly used for both tennis and pickleball on a first come, first served basis. The City’s remaining parks with tennis courts include Bicentennial Park (2 courts), Hugo Reid Park (3 courts), Orange Grove Park (5 courts) and Tierra Verde Park (2 courts). Recognizing the growing demand for pickleball courts in Arcadia, Mayor Cao led advocacy efforts to Approve Recording of Deed Restriction at Tierra Verde Park April 1, 2025 Page 2 of 4 identify grant funds and resources to help increase the utilization of existing court space and provide for more pickleball courts throughout the City. Measure A provides funding for projects that repair and upgrade parks and recreational facilities; create new parks; preserve and protect open spaces and beaches; and support recreational programming. Currently, the City of Arcadia has a total of $736,295 of Measure A grant funds available through the program’s formula-based allocations. On average, the City’s annual allocation of Measure A grant funds is approximately $260,000; these funds are generally earmarked for large-scale projects advancing the Parks Master Plan’s goals. In addition to the program’s formula-based allocations, Measure A provides funding for County Priority Projects grants, which fund projects that are determined to be priorities by the Los Angeles County Board of Supervisors. These grants are allocated at the discretion of the Board of Supervisors and are only request-based. In late 2024, the Office of Los Angeles County Supervisor Kathryn Barger notified the City of a $30,000 allocation in Measure A County Priority Funds for the Tierra Verde Park Pickleball Courts Project. The Public Works Services Department submitted all the necessary documentation for the Tierra Verde Park Pickleball Courts Project grant and an agreement has been executed with the Los Angeles County Park and Open Space District. As part of the grant agreement, and before any reimbursement requests can be made by the City, a deed restriction must be recorded for the Tierra Verde Park property. DISCUSSION Measure A County Priority Funds in the amount of $30,000 have been allocated for the Tierra Verde Park Pickleball Courts Project. The Project includes the resurfacing and restriping of the tennis courts at Tierra Verde Park. The resurfacing of the tennis courts will restore the aesthetic and functional qualities of the courts, while also improving player comfort. In addition, new pickleball court lines will be striped over the tennis courts to allow for an effortless transition between pickleball and tennis play. On February 25, 2025, the Public Works Services Department conducted an informal bid for the Tierra Verde Park Pickleball Courts Project. Three bids were received with the following results: Bidder Location Bid Amount California Surfacing Claremont, CA $19,200 Taylor Tennis Courts Inc. Anaheim, CA $24,650 Ferandell Tennis Courts Inc. Valencia, CA $25,500 Approve Recording of Deed Restriction at Tierra Verde Park April 1, 2025 Page 3 of 4 Bid documents were carefully reviewed for content. Based on this review, it has been determined that California Surfacing is the lowest responsive bidder that meets the Project’s specifications. The cost to resurface and restripe the tennis courts of $19,200 will be fully reimbursed by the Measure A County Priority Project grant. Furthermore, eligible costs included in the grant agreement, such as those related to the printing and installation of grant signage as well as in-house direct employee labor costs will be reimbursed. The final reimbursement to the City will be based on actual costs and will be up to the grant amount of $30,000. As a condition of the Measure A grant funding, the City must record a deed restriction for the Tierra Verde Park property. The deed restriction is required by RPOSD to ensure the project developed using Measure A funds is maintained and operated by the City in perpetuity. The deed restriction also ensures that the property is used for a purpose consistent with the grant scope and remains a permanent public resource. ENVIRONMENTAL ANALYSIS Recording a deed restriction for this project does not constitute a project under the California Environmental Quality Act (“CEQA”), as it can be seen with certainty that it will have no impact on the environment. The modifications to the existing courts at Tierra Verde Park are considered a Class 2 exemption as defined in Section 15302 (Replacement or Reconstruction) of CEQA, since the project consists of the reconstruction of an existing facility with no expansion of capacity. FISCAL IMPACT The Tierra Verde Park Pickleball Courts Project was not included in the Fiscal Year 2024- 25 Capital Improvement Program as grant funds were not yet available. The Measure A County Priority Fund grant is issued on a reimbursement basis and Arcadia has been awarded $30,000 to complete the project. The estimated cost to perform the court conversion at Tierra Verde Park is approximately $19,200. Based on the projected cost, there is sufficient expenditure authority in the Capital Improvement Program to complete the project without the need for a supplemental appropriation. The Measure A County Priority Project grant of $30,000 will fully cover the cost for the Tierra Verde Park Pickleball Courts Project as well as any in- house direct employee labor costs. RECOMMENDATION It is recommended that the City Council determine that this action does not constitute a project under the California Environmental Quality Act (“CEQA”); and authorize recording Approve Recording of Deed Restriction at Tierra Verde Park April 1, 2025 Page 4 of 4 a deed restriction at Tierra Verde Park to comply with Measure A grant requirements to provide pickleball courts at the facility. Attachment: Deed Restriction for Tierra Verde Park SPACE ABOVE THIS LINE RESERVED FOR RECORDER’S USE TITLE(S) Deed Restriction RECORDING REQUESTED BY COUNTY OF LOS ANGELES MAIL TO: Los Angeles County Regional Park and Open Space District 1000 S. Fremont Avenue, Unit #40 Building A-9 East, Ground Floor Alhambra, CA 91803 Attention: Administration Section RECORDING REQUESTED BY: Los Angeles County Regional Park and Open Space District WHEN RECORDED MAIL TO: Los Angeles County Regional Park and Open Space District 1000 S. Fremont Avenue, Unit #40 Building A-9 East, Ground Floor Alhambra, CA 91803 Attn: Administration Section DEED RESTRICTION I.WHEREAS, the City of Arcadia [hereinafter referred to as “Owner(s)”] 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 City of Arcadia (hereinafter referred to as “Grantee”); and III.WHEREAS, the Los Angeles County Regional Park and Open Space District (hereinafter referred to as the “District”) is a public agency created and existing under the authority of Section 5506.9 et seq of the California Public Resources Code (hereinafter referred to as the “PRC”); and IV.WHEREAS, Owner(s) (or Grantee) applied to the District for grant funds available pursuant to the Measure A Grant Program for the Tierra Verde Park Pickleball Courts Project; and V.WHEREAS, on December 12, 2024, the District conditionally approved NTP No./Grant No. A0325001 (hereinafter referred to as “Grant”) for the resurfacing and restriping of the tennis courts at Tierra Verde Park to allow for pickleball court conversion on the Property, subject to, among other conditions, recordation of this Deed Restriction on the Property; and VI.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 District’s Grant Program, Safe, Clean Neighborhood Parks, Open Space, Beaches, Rivers Protection, and Water Conservation Measure (Measure A), and the funds that are the subject of the Grant could therefore not have been granted; and VII.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 award of the Grant funds by the District, the undersigned Owner(s) for himself/herself/themselves and for his/her/their heirs, assigns and successors-in-interest, hereby irrevocably covenant(s) with the District that the condition of the Grant (set forth at paragraphs 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 here by attached to the deed of the Property as fully effective components thereof. 1.DURATION. 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 in perpetuity. 2.TAXES AND ASSESSMENTS. 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(i) of the California Revenue and Taxation Code or successor statute. 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 statute, which survives a sale of tax-deeded property. 3.RIGHT OF ENTRY. The District or its agent or employees may enter onto the Property at times 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. The District may pursue any and all available legal and/or equitable remedies to enforce the terms and conditions of this Deed Restriction. In the event of a breach, any forbearance on the part of the District to enforce the terms and provisions hereof shall not be deemed a waiver of enforcement rights regarding any subsequent breach. 5.SEVERABILITY. 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: Date Signed: ________________________________ Dominic Lazzaretto City of Arcadia, City Manager PRINT/TYPE NAME & TITLE OF ABOVE (GRANTEE’S AUTHORIZED REPRESENTATIVE) **NOTARY ACKNOWLEDGEMENT** Exhibit “A” To Deed Restriction Legal Description of the Property ALL THAT CERTAIN REAL PROPERTY SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, DESCRIBED AS FOLLOWS: PARCEL: THE EAST 91 FEET OF THE WEST 273.42 FEET OF THE NORTH 233.75 FEET OF LOT 104 OF THE ARCADIA ACREAGE TRACT, IN THE CITY OF ARCADIA, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 10, PAGE 18 OF MAPS, RECORDS OF SAID COUNTY APN: 5790-004-901 1