2 RESOLUTION NO.
A RESOLUTION OF INTENTION OF THE CITY COUNCIL
OF THE CITY OF FONTANA TO DISCONTINUE AND
ABANDON THE USE OF CERTAIN PROPERTY AS A
PUBLIC PARK AND DECLARING THAT PUBLIC
INTEREST OR CONVENIENCE REQUIRES THE
DISCONTINUANCE OF THE USE OF SUCH LAND AS A
PUBLIC PARK PURSUANT TO GOVERNMENT CODE
SECTIONS 38440 ET SEQ
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” (“City Property”); and
WHEREAS, the City Property was formally accepted by the City on May 2, 1999; and
WHEREAS, the City Property is approximately 9.96 acres in size; and
WHEREAS, the City Property is identified as a part of “Southridge Park ”; and
WHEREAS, Government Code sections 38440 et . seq. authorizes the City to discontinue and abandon the use as a public park of any land owned in fee by it and thereafter dispose of the land; and
WHEREAS, Government Code section 38441 authorizes the City to convey a minor portion of a park in exchange for an equal or greater area or value of privately owned land contiguous to the park after (a) notice and a public hearing, (b) determination that the exchange is in the public interest , and (c) a doption of a resolution of discontinuance.
WHEREAS, NH Southridge LLC has proposed a transaction which would include the exchange of the City Property for contiguous privately owned land of greater area, as further detailed in the November 16, 2022 correspondence from NH Southridge LLC entitled “ Revised Offer to Swap and Improve Property for Bird Farm Parcel” (Revised Offer), attached hereto as Exhibit “B.”
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES HEREBY 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. It is the intention of the City Council of the City of Fontana to discontinue use of the City Property as public park land and exchange the City Property 3 for 10.3 acres of pr operty an d other co nsideration, as se t forth i n the Revised Offer, pursuant to Government Code section 38441.
Section 3. A map showing the City Property to be discontinued as a public park is on file in the Office of the City Clerk at 8353 Sierra Avenue, Fontana, California, 92335 and is available for public inspection during the City’s normal business hours. A legal description of the City Property is set forth in Exhibit “A.” Section 4. The proposed discontinuance is set for a public hearing at 7:00 p.m. or as soon thereafter as the matter can be heard, on January 24, 202 3 in the Grover W.
Taylor Council Chambers at 8353 Sierra Avenue, Fontana, California, 92335. At this public hearing, members of the public or persons particularly interested may protest the proposed discontinuance. Any time before the hour set for the public hearing, any person or persons interested may protest in writing against the proposed discontinuance, or to the extent thereof. Any protest shall be delivered to the City Clerk’s Office.
Section 5. Should the City Council ultimately determine to approve the revised proposal after the public hearing, the contemplated exchange of property shall be contingent upon the City’s approval of certain entitlements, after compliance with CEQA.
The City shall retain the absolute discretion to impose mitigation measures, consider alternative uses, require modifications to the proposed project and to disapprove of any proposed use. Accordingly, this resolution of intention does not commit the City to any definite course of action with regard to the disposition or use of the City Property or the property proposed to be exchanged for the City Property, and does not constitute approval of any CEQA project.
Section 6. The City Clerk or designee shall cause a copy of this Resolution and related notices to be published and posted in the manner prescribed by Government Code sections 38440 et seq. of the Government Code.
P
ASSED AND ADOPTED by the City Council of the City of Fontana at a regular meeting of the City Council on December 12, 2022 by the following vote:
AYES:
N
OES:
ABSENT:
ABSTAIN:
A
cquanetta Warren, Mayor
ATTEST:
4 City Clerk
APPROVED AS TO FORM:
Ruben Duran, City Attorney
5 Exhibit “A”
Legal Description of City Property
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
6 Exhibit “B”
Revised Offer