RESOLUTION NO. ________
RESOLUTION ABANDONING UNDEVELOPED CITY-OWNED PARKLAND PURSUANT TO THE MUNICIPAL PARK ABANDONMENT LAW OF 1939 (GOVERNMENT CODE SECTIONS 38501 ET SEQ.); AND DETERMINING THAT THE ABANDONMENT OF THE PARKLAND IS EXEMPT FROM CEQA WHEREAS, on September 23, 1997 the City of Fontana (“City”) acquired a parcel of vacant parkland by quit-claim deed identified as APN 0237-411-13, as more particularly described in Exhibit “A” (“Property”); and WHEREAS, the Property was formally accepted by the City on May 2, 1999; and WHEREAS, the Property is approximately ten (10) acres in size; and WHEREAS, the Property was never formally dedicated as a “park” or developed as a park, never used by the public as a park, nor were City funds were ever used to make improvements to the Property; and WHEREAS, the Municipal Park Abandonment Law of 1939, codified at Government Code sections 38501 et seq. (the “Act”) authorizes the City to sell land that was dedicated for parkland purposes; and WHEREAS, on February 22, 2022, the City Council adopted Resolution No. 22-013, a Resolution of Intention to Abandon and Sell Parkland, and ordered a public hearing on the proposed abandonment be set for the 12th day of April, 2022, in the City Council Chambers of the City Council, at City Hall, 8353 Sierra Ave, Fontana, California; and WHEREAS, a copy of Resolution No. giving notice of the date, hour and place of hearing of the proposed vacation abandonment was published for at least three successive weeks prior to the hearing pursuant to Section 6063 of the Government Code; and WHEREAS, at least four copies of Resolution No. 22-013 were conspicuously posted along the boundary of the park land to be vacated abandoned not more than 100 feet apart; and WHEREAS, the hearing described above has been conducted at the designated time and place, and this Council having heard and considered all oral, documentary and other evidence presented; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES RESOLVE AS FOLLOWS:
Section 1. The above recitals are true and correct and are incorporated herein by reference and made a substantive portion of this Resolution.
Section 2. After conducting the public hearing the City Council of the City of Fontana does hereby pass and overrule any and all objections to the abandonment of the use of the Property for park purposes and hereby abandons the use of the Property for park purposes pursuant to the provisions of the Municipal Park Abandonment Law of 1939.
Section 3. Pursuant to Government Code section 38508, the City Council may order the sale of the Property in one block or in lots or parcels, for cash or on credit, as it deems most advantageous to the City.
Section 4. This approval is not subject to the California Environmental Quality Act (“CEQA”), because it is exempt under State CEQA Guidelines section 15061(b)(3), as it can be seen with certainty that there is no possibility that the activities in question may have a significant effect on the environment. City staff is directed to file the appropriate Notice of Exemption with the County of San Bernardino.
PASSED AND ADOPTED by the City Council of the City of Fontana at a regular meeting of the City Council on April 12, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_______________________________
Acquanetta Warren, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Ruben Duran, City Attorney
Exhibit “A”
Legal Description of Parkland
LOT 11 OF TRACT NO. 15117, IN THE CITY OF FONTANA, COUNTY OF SAN BERNARDINO, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 275, PAGES 66 THROUGH 90, INCLUSIVE, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
APN: 0237-411-13-0-000
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