1 RESOLUTION NO.
A RESOLUTION THE CITY COUNCIL OF THE CITY OF
FONTANA VACATING ITS ACTION IN RESOLUTION 2022-
027 ABANDONING UNDEVELOPED CITY -OWNED
PARKLAND PURSUANT TO THE MUNICIPAL PARK
ABANDONMENT LAW OF 1939 (GOVERNMENT CODE
SECTIONS 38501 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 ten (10) acres in size; and WHEREAS, on June 14, 2022, the City Council adopted Resolution 2022-027, a Resolution Abandoning Undeveloped City-Owned Parkland Pursuant t o 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; and WHEREAS, the City Council now desires to vacate the actions taken in Resolution 2022-027 in order to consider alternative options for the City Property.
NOW, THEREFOR E, TH E CIT Y COUNCIL OF TH E CIT Y OF FONTANA DOES RESOLVE AS FOLLOWS:
Section 1. The above recita ls are true and corre ct and are incorporated herein by reference and made a substantive portion of this Resolution.
Section 2. All actions taken in Resolution 2022-027 are vacated and of no further force and effect.
Section 3. The City Manager or designee and the City Clerk or designee are directed and authorized to take all actions necessary or appropriate to effectuate this Resolution.
Section 4. Resolution 2022-027 included a determination that it was not subject to the California Environmental Quality Act (CEQA). Vacating said resolution preserves the status quo and is thus similarly exempt from CEQA 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.
PASSED 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:
2 AYES:
NOES:
ABSENT:
ABSTAIN:
Acquanetta Warren, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Ruben Duran, City Attorney