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acres of a proposed “Trailhead Park,” which would include a passive park.
In order to facilitate that transaction, on February 22, 2022, the City Council adopted Resolution No. 2022-013, a Resolution of Intention describing the City Property to be abandoned and ordered a public hearing on the proposed abandonment be set for April 12, 2022.
On April 12, 2022, a public hearing was held by the City Council regarding the proposed abandonment of the City Property. During the public hearing, members of the public spoke regarding their desire to ensure biking activities on or near the City Property could still occur.
Following a public hearing, the City Council adopted Resolution No. 2022-027, a Resolution abandoning the Property pursuant to the Municipal Park Abandonment Law of 1939 (Government Code sections 38501 et seq.) and directed staff to work with the groups heard during the public hearing to find a resolution to their concerns.
On June 14, 2022, the City Council approved an Option to Purchase Agreement with NH Southridge LLC for the City Property.
Subsequent to that approval, the City has continued to work with NH Southridge and the biking community to ensure continued access to mountain biking trails in the vicinity of the City Property. In the meantime, a group of individuals not affiliated with the biking community brought a lawsuit against the City, seeking a writ of mandate directing the City to vacate the actions taken on April 12 and June 14, 2022 related to the City Property.
NH Southridge LLC is aware of the concerns raised by the members of the public, and has approached the City with an alternative proposal regarding the City Property and its adjacent property. This alternative proposal became possible due to NH Southridge LLC’s recent acquisition of additional property in the vicinity.
As explained in the November 16, 2022 correspondence from NH Southridge LLC entitled “Revised Offer to Swap and Improve Property for Bird Farm Parcel,” the revised proposal would provide members of the public, including mountain bikers and hikers, with permanent access to the City’s Southridge Village Open Space Reserve (the “Reserve”), and would entail the following:
1. NH Southridge LLC would exchange approximately 10.3 acres of property (“Exchange Property”) for the City Property, which would create circulation, connectively, and access to the Reserve to and from the City Property.
2. NH Southridge LLC would pay the City $1,000,000.
3. NH Southridge LLC would construct an approximately 1.6 acre public park at the corner of Live Oak Avenue and Village Drive, at an estimated cost of $950,000. As currently envisioned, this proposed park would have a new parking lot, passive play area, pickleball courts, trailhead entrances and related improvements. All expenses related to the proposed park would be paid by NH Southridge LLC, not the City.
4. NH Southridge LLC would also remove boulders and rocks hanging from the face of the old granite quarry and install a rockfall protection barrier on nearby City-owned property to increase City of Fontana Page 2 of 4 Printed on 12/10/2022
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the safety of that property. This work is estimated to cost $1,700,000.
The revised proposal would provide permanent legal access to the Reserve (currently members of the public have been crossing through privately-owned property to access the Reserve) and create more than 700 acres of contiguous parkland and open space owned by the City. Accordingly, City staff recommends the City Council consider the revised offer from NH Southridge LLC.
Notably, because the revised proposal would result in the City receiving a greater area of contiguous land in exchange for the City Property, the action the City previously took to abandon the City Property would not be necessary to facilitate the proposed transaction. Instead, the most appropriate process for discontinuing use of the City Property is set forth in Government Code section 38441, which applies to an “exchange for an equal or greater area or value of privately owned land contiguous to the park.” Staff has done a preliminary analysis of the statutory requirements and believes that findings can be made to support the transaction. Accordingly, while considering the revised offer, City staff recommends City Council vacate the prior actions relating to the City Property. Doing so would provide the City with a “clean slate” upon which to consider the revised offer and would moot the current lawsuit, thus saving the City the time and expense of continuing to defend against the claims brought in that lawsuit.
Approval of Termination of the Option to Purchase Agreement with NH Southridge LLC for the City Property
In order to provide a clean slate upon which the revised offer from NH Southridge LLC can be considered, the City Council may approve the termination of the current Option to Purchase Agreement. NH Southridge LLC has provided consent to this termination.
Resolution Vacating City Council Action in Resolution 2022-027 Abandoning Undeveloped CityOwned Parkland In order to provide a clean slate upon which the revised offer from NH Southridge LLC can be considered, the City Council may formally vacate its prior action abandoning the City Property.
Resolution of Intent
In order to consider the revised offer from NH Southridge LLC, the City Council may adopt a Resolution of Intent declaring that the public interest or convenience requires the discontinuance of the use of the City Property as a park, pursuant to Government Code section 38443. If a Resolution of Intent is adopted, the City Council would then conduct a public hearing to meet, hear, and pass on any written or oral protests against the proposed discontinuance or the extent thereof. If the City Council sustains the protests against the proposed discontinuance, the proceedings would terminate.
Alternatively, the City Council may sustain protests as to one portion and overrule them as to another portion of the City Property by a two-thirds vote. Finally, the City Council may overrule all protests by a two-thirds vote, and then may order the City Property to be discontinued as a park and exchanged for an equal or greater area or value of privately owned land pursuant to Government Code section 38441.
ENVIRONMENTAL IMPACT:
The existing Option to Purchase Agreement is contingent upon the City’s approval of certain entitlements for the development of the City Property, after compliance with the California Environmental Quality Act (CEQA). Accordingly, terminating the option agreement and vacating the City of Fontana Page 3 of 4 Printed on 12/10/2022
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prior City Council action abandoning the City Property would merely preserve the status quo. Thus, such actions are 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.
Should the City Council ultimately determine to approve the revised proposal, the contemplated exchange of property would likewise be contingent upon the City’s approval of entitlements, after compliance with CEQA. Public agencies are permitted to enter into preliminary agreements regarding the disposition and/or development of property prior to CEQA compliance, so long as such agreements are conditioned on future CEQA compliance in such a way that the agency has not committed itself to a definite course of action regarding a project. (See, e.g., Cedar Fair, L.P. v. City of Santa Clara (2011) 194 Cal.App.4th 1150; Delaware Tetra Technologies, Inc. v. County of San Bernardino (2016) 247 Cal.App.4th 352; Bridges v. Mt. San Jacinto Community College Dist. (2017) 14 Cal.App.5th 104.) Thus, the City’s approval of an agreement that is contingent upon CEQA compliance would not constitute approval of any CEQA project and would not trigger CEQA review.
FISCAL IMPACT:
As a result of terminating the Option to Purchase Agreement, the City would no longer receive the payments contemplated under that agreement. The proposed discontinuance of the City Property as a park and exchange and sale of the City Property may be considered at the January 24, 2023 meeting. The fiscal impacts of those actions will be detailed at that time.
MOTION:
Approve staff recommendation. Should the City Council desire to move the item forward as recommended by Staff, a motion could be made as follows: “Motion to Terminate the Existing Option Agreement between the City and NewBridge and Approve Resolution Nos. 2022-140 and 2022-141.” City of Fontana Page 4 of 4 Printed on 12/10/2022
powered by Legistar™ ATTACHMENT NO. 1
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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, parcel
of vacant parkland by quit-claim deed identified as APN 0237-411-13, as more particularly 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 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; 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, 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. 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 1 , 2022 by the following vote:
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2 AYES:
NOES:
ABSENT:
ABSTAIN:
Acquanetta Warren, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Ruben Duran, City Attorney
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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) adoption 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 ATTACHMENT NO. 1
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3 for 10.3 acres of property and other consideration, as set forth in 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, 2023 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.
PASSED AND ADOPTED by the City Council of the City of Fontana at a regular meeting of the City Council on December 1 , 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Acquanetta Warren, Mayor
ATTEST:
ATTACHMENT NO. 1
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4 City Clerk
APPROVED AS TO FORM:
Ruben Duran, City Attorney
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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
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6 Exhibit “B”
Revised Offer
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Monday, December 12, 2022
3:00 PM
City of Fontana
8353 Sierra Avenue
Fontana, CA 92335
Grover W. Taylor Council Chambers
Special City Council Meeting
Acquanetta Warren - Mayor
Peter A. Garcia - Mayor Pro Tem
John B. Roberts - Council Member
Jesus "Jesse" Sandoval - Council Member
Phillip Cothran - Council Member
Germaine McClellan Key - City Clerk
Janet Koehler-Brooks, City Treasurer
Minutes
ATTACHMENT NO. 1
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CALL TO ORDER/ROLL CALL:
A. 3:00 P.M. Call To Order/Roll Call:
The Special Meeting of the Fontana City Council was held on Monday, December 12, 2022, in the Grover W. Taylor Council Chambers located at 8353 Sierra Avenue, Fontana, CA 92335.
Mayor Warren called the meeting to order at 3:02 p.m.
ROLL CALL:
PRESENT: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran, Roberts, and Sandoval
ABSENT: None
City Clerk McClellan Key and City Treasurer Koehler-Brooks were also in attendance.
INVOCATION/PLEDGE OF ALLEGIANCE:
A. Invocation/Pledge of Allegiance:
The invocation was given by Fontana Police Department Chaplain Daniel Vasquez, followed by the pledge of allegiance led by Council Member Cothran.
PUBLIC COMMUNICATIONS:
A. Public Communications
There were no public communications received.
PRESENTATION:
A. Presentation
21-1919
A. Housing Development Manager Valerie Gonzales to present 2022 Annual Housing Development Update.
Housing Development Manager Gonzales provided the staff report.
ELECTION RESULTS:
A. Certification of the November 8, 2022, General Municipal Election Results
21-1832
Deputy City Clerk Ashton Arocho provided the staff report.
ACTION: Motion was made by Mayor Pro Tem Garcia, seconded by Council Member Cothran, to adopt Resolution No. 2022-135. Motion passed by a unanimous vote as follows: AYES: Warren, Garcia, Cothran, Roberts, and Sandoval; NOES: None; ABSTAIN: None
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Special City Council Meeting Minutes December 12, 2022
NEW BUSINESS:
A. Termination of the Option to Purchase Agreement with NH Southridge LLC for Assessor Parcel Number 0237-411-13 that was approved by the City Council on June 14, 2022.
21-1915
Deputy City Manager Phil Burum provided the staff report.
ACTION: Motion was passed by Council Member Roberts, seconded by Mayor Pro Tem Garcia, to approve termination of Option to Purchase Agreement with NH Southridge LLC for Accessor Parcel Number 0237-411-13 and to adopt Resolution No. 2022-141 and Resolution No. 2022-142. The motion carried by a 4-1 vote as follows; AYES: Warren, Garcia, Cothran and Roberts; NOES: Sandoval; ABSTAIN: None CITY MANAGER COMMUNICATIONS:
A. City Manager Communications
City Manager Ballantyne invited the public to join City Council and staff at the upcoming Oath of Office ceremony held on Tuesday, December 13, at the Steelworkers' Auditorium at 5:00 p.m.
ELECTED OFFICIALS COMMUNICATIONS/REPORTS:
A. Elected Officials Communications/Reports
There were no elected official communications received.
CLOSED SESSION:
PUBLIC COMMUNICATION - CLOSED SESSION:
A. Public Communications - Closed Session
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Special City Council Meeting Minutes December 12, 2022
There were no public communications received for the following closed session items:
CONFERENCE WITH REAL PROPERTY NEGOTIATORS
(Gov. Code Section 54956.8)
Property: APN #192-042-26, 0230-041-01, 0237-201-27, 0256-011-22, 0228-233-01, and 1107-262-58
City Negotiator: Phillip Burum, Deputy City Manager
Negotiating Party: Fontana Fire Protection District
Under Negotiation: Price and Terms of Payment
CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Government Code section 54956.8)
Property: APN # 0238-052-07
City Negotiator: Gia Kim, Public Works Director/City Engineer Negotiating Party: ADO Holdings, LP
Negotiation: Price and Terms of Payment
CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Gov. Code Section 54956.9(d)(1))
Name of Case: Richard Guerrero v. City of Fontana
Case No. 201200416; 1775945; ADJ15247644
CLOSED SESSION ANNOUNCEMENT
City Attorney Duran announced that the City Council met on the items listed on the agenda and took no reportable action.
ADJOURNMENT:
A. Adjournment
Mayor Warren adjourned the meeting at 3:43 p.m. to the next Regular City Council Meeting on December 13, 2022, at 5:00 p.m. in the Steelworkers' Auditorium located at 8437 Sierra Avenue, Fontana, California.
________________________________
Ashton R. Arocho, MMC
Deputy City Clerk
THE FOREGOING MINUTES WERE ADOPTED AND APPROVED BY THE FONTANA CITY COUNCIL ON JANUARY 24, 2023.
_______________________________
Germaine McClellan Key
City Clerk
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Special City Council Meeting Minutes December 12, 2022
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023741113
Sources: Esri, HERE, Garmin, Intermap, increment P Corp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, Ordnance Survey, Esri Japan, METI, Esri China (Hong Kong), (c) OpenStreetMap contributors, and the GIS User Community
Portion of Southridge Park to be Discontinued
and Abandoned as Public Park ® 1 inch = 0.04 miles
ATTACHMENT NO. 2
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DocuSign Envelope ID: 18C70D42- AC00- 4ABO- AAD7- 4E24FBA71F86 RESOLUTION NO. 2022- 141
A RESOLUTION THE CITY COUNCIL OF THE CITY OF
FONTANA VACATING ITS ACTION IN RESOLUTION
2022027 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
and
WHEREAS, the City Property was formally accepted by the City on May 2, 1999; 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 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; 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, 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. 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.
ATTACHMENT NO. 3
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DocuSign Envelope ID: 18C70D42- AC00- 4ABO- AAD7- 4E24FBA71F86 Resolution No. 2022- 141
APPROVED AND ADOPTED this 12th day of December 2022.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex- Officio Clerk of the City Council do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting on the 12th day of December 2022, by the following vote to wit:
AYES: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran and Roberts NOES: Council Member Sandoval
ABSENT: None
ABSTAIN: None
t-VviActivt, c, kb?
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
t, vw.aiin,t, ‹ uj
City Clerk
ATTACHMENT NO. 3
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DocuSign Envelope ID: A4231390- 3C11- 4092- B12A- 1A53D1479C90 RESOLUTION NO. 2022- 142
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) adoption 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:
ATTACHMENT NO. 3
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DocuSign Envelope ID: A4231390- 3C11- 4092- B12A- 1A53D1479C90 Resolution No. 2022- 142
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 for 10. 3 acres of property and other consideration, as set forth in 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, 2023 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.
ATTACHMENT NO. 3
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DocuSign Envelope ID: A4231390- 3C11- 4092- B12A- 1A53D1479C90 Resolution No. 2022- 142
APPROVED AND ADOPTED this 12th day of December 2022.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex- Officio Clerk of the City Council do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting on the 12th day of December 2022, by the following vote to wit:
AYES: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran and Roberts NOES: Council Member Sandoval
ABSENT: None
ABSTAIN: None
t, VwAaiut, t,
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
t-V14Activt, c, kb/
City Clerk
ATTACHMENT NO. 3
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DocuSign Envelope ID: A4231390- 3C11- 4092- B12A- 1A53D1479C90 Resolution No. 2022- 142
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
ATTACHMENT NO. 3
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DocuSign Envelope ID: A4231390- 3C11- 4092- B12A- 1A53D1479C90 Resolution No. 2022- 142
Exhibit " B"
Revised Offer
ATTACHMENT NO. 3
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DocuSign Envelope ID: A4231390- 3C11- 4092- 612A- 1A53D1479C90 November 16, 2022
VIA ELECTRONIC MAIL
Matthew Ballantyne
City Manager
8353 Sierra Avenue
Fontana, CA 92335
Email: mbal lantyneWontana, org
Re: Southridge, Fontana -- Revised Offer to Swap & Improve Property fo Bird Farm Parcel
Dear City Manager:
NH Southridge LLC is processing a residential tract ( the " Project") on 27 acres of land adjacent to the City' s 9.96 unimproved parcel [ APN: 0237- 411- 13] ( the " City Parcel"). Currently, NH Southridge has the rights to acquire the City Parcel pursuant to that certain Option to Purchase dated June 29, 2022. Over the last few weeks it has come to our attention that mountain bikers, hikers and the public generally would like permanent access to the City' s Southridge Village Open Space Reserve ( the " City Recreational Area"). Currently, there is no legal access to the City Recreational Area from Southridge Park or from any nearby right- of-way. Per our discussion, the mountain bike community has been obtaining access across private parcels to run their races, etc. in effort to assist the City, the mountain bike group and the public generally, we believe that we have found a solution that benefits the City.
OFFER:
I) Ni{ Southridge will exchange approximately 10. 3 acres of property (" Exchange Property") for the City Parcel which shall create circulation, connectivity, and access to the City Recreational Area to and from Southridge Park. See Exhibit " A" for depiction of the Exchange Property.
2) NH Southridge shall pay an additional $ 1, 000, 000 for the City Parcel. The exchange closing shall occur on or before the earlier of the Project being issued its first construction permit and two years after the date of the agreement. The $ 75, 000 previously delivered to the City shall act as the deposit, which is applicable to the purchase price, and shall be used by the City to cover any attorney fees owned by NH Southridge for the existing/ previous agreement.
3) As part of the Project and being a portion of the Exchange Property, NH Southridge will construct an approximately 1, 6 acre public park ( the " Proposed Park") at the comer of Live Oak Ave and Village Drive, The Proposed Park will have a new parking lot, 500 Newport Center Drive, Suite 570 A Newport Beach, CA 92660 949) 344- 27ffl
ATTACHMENT NO. 3
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DocuSign Envelope ID: A4231390- 3C11- 4092- 612A- 1A53D1479C90 passive play area, pickieball courts, trailhead entrance( s) and related improvements. It is estimated that these improvements will cost $ 950, 000. These park improvements will NOT utilize City funds previously allocated for a dog park. 4) Prior to the development of the Project, NH Southridge will remove dangerous boulders and rocks that are precariously hanging from the face of the old granite quarry on the City property [ APN: 0237- 411- 15] adjacent to the Project, and install a rockfall protection harrier as recommended by our geotechnical engineer,
SUMMARY OF OFFER:
NH Southridge and City exchange 9. 96 Bird Farm parcel and 10. 3 acre Exchange Property shown on Exhibit " A".
NH Southridge pays the City $ 1, 000, 000. 00
NH Southridge improves the Proposed Park estimated to cost $ 950, 000 Nil Southridge mitigates the City' s rockfall liability estimated to cost $ 1, 700, 000.
City provides offsite grading easements and construction easements for sewer and storm drain improvements and rockfall mitigation performed by N Southridge.
Please let us know if you have any questions regarding this offer or d any additional information.
Respectfully,
NH SOUTIIRIDCE
lan Harvey
Attachment: Exhibit " A" — Exchange Property Depiction
cc: Philip Burum, Deputy City Manager
Bryan Avilla
J. Robert Meserve
500 Newport Center Drive, Sane 570 ' Newport Beach, CA 92660 ATTACHMENT NO. 3
320
ATTACHMENT NO. 4
321
ATTACHMENT NO. 4
Signs Posted on Site
322
RESOLUTION NO. 2022-142
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 quitclaim 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) adoption 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 for 10.3 acres of property and other consideration, as set forth in 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, 2023 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.
APPROVED AND ADOPTED this 12th day of December 2022.
READ AND APPROVED AS TO LEGAL FORM:
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City of Fontana at a regular meeting on the 12th day of December 2022, by the following vote to wit:
AYES: Mayor Warren, Mayor Pro Tem Garcia, Council Members Cothran and Roberts NOES: Council Member Sandoval
ABSENT: None
ABSTAIN: None
Public Hearing Notice Published on Newspaper
ATTACHMENT NO. 4
323
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
Public Hearing Notice Published on Newspaper
ATTACHMENT NO. 4
324
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF FONTANA DISCONTINUING
AND ABANDONING CERTAIN PARKLAND
TO ALLOW FOR THE CONVEYANCE OF
PARK PROPERTY IN EXCHANGE FOR
PRIVATELY OWNED PROPERTY
(GOVERNMENT CODE SECTION 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 within the boundaries of the park is known as “Southridge Park,” located at 14501 Live Oak Avenue, Fontana, California; and
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 (the “Exchange Property”), 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.” WHEREAS, on December 12, 2022, the City Council adopted Resolution 2022-142 declaring its intent to discontinue and abandon use of the City Property and convey that minor portion of park area; and WHEREAS, on December 21, 2022, a Notice of Proposed
Discontinuance of Public Park Land was posted at three locations, no more than 300 feet apart, along exterior boundaries of the City Property; and
WHEREAS, the Notices of Proposed Discontinuance of Public Park Land included copies of Resolution 2022-142; and
ATTACHMENT NO. 5
1 325
WHEREAS, Resolution 2022-142 was published in the San
Bernardino Sun on December 23, 2022, and December 30, 2022; and WHEREAS, on January 24, 2023, the City Council held a public hearing, during which the public and/or persons particularly interested were provided the opportunity to protest and during which the City Council heard and considered all protests and oral, documentary, and other evidence presented; and
WHEREAS, upon discontinuance and abandonment of the City Property, the City intends to exchange the City Property for an equal or greater area or value of privately owned land contiguous to Southridge Park pursuant to Government Code section 38441.
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 reviewing the Staff Report, conducting the public hearing, and hearing all protests, the City Council does find the exchange proposed as part of the Revised Offer satisfies all requirements set forth by Government Code section 38441, and specifically finds as follows:
(i) that the City Property is a minor portion of Southridge Park; (ii) that the City Property is greater in area than the Exchange Property; (iii) that the Exchange Property is contiguous to Southridge Park; (iv) that notice and public hearing requirements were complied with; and (v) that the exchange is in the public interest for the reasons set forth in the staff report.
Section 3. All protests are hereby overruled by a two-thirds vote.
Section 4. The discontinuance and abandonment of the City Property is approved, and this Resolution constitutes a resolution of discontinuance pursuant to Government Code section 38441(c).
Section 5. 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 6. The contemplated exchange of property is not subject to the Surplus Land Act, as it is undertaken pursuant to Government Code section 38441, which specifically authorizes the exchange. To the extent the exchange constitutes a “disposition” under the Surplus Land Act, the City Property is “exempt surplus land,” pursuant to Government Code ATTACHMENT NO. 5
2 326
section 54221(f)(1)(C), as it is being exchanged for another property necessary for the City’s use.
Section 7. The contemplated exchange of property shall be contingent upon the City’s approval of certain entitlements, after compliance with the California Environmental Quality Act (“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 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. In addition, the adoption of this Resolution is not subject to CEQA because it is exempt under State 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 January 24, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Acquanetta Warren, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Ruben Duran, City Attorney
ATTACHMENT NO. 5
3 327
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
ATTACHMENT NO. 5
4 328
Exhibit “B”
Revised Offer
ATTACHMENT NO. 5
5 329
ATTACHMENT NO. 5
6 330
ATTACHMENT NO. 5
7 331
“BIRD FARM” PARCEL
9.96 Acres
N.H. REMAINDER
PARCEL B
7.7 Acres
PARCEL 3
OPEN SPACE/TRAIL DEDICATION
3.47 Acres
PARCEL 2
NEIGHBORHOOD PARK
1.36 Acres
PARCEL 4
OPEN SPACE/TRAIL DEDICATION
5.46 Acres
LAND SWAP SUMMARY
Gross Total Acreage
50.49 Gross Acres
N.H. REMAINDER
PARCEL A
22.54 Acres
City Transfer to N.H.
9.96 Acre “Bird Farm” Parcel
9.96 Acres Total
N.H. Transfer to City
1.36 Acre Neighborhood Park (Parcel 2)
3.47 Acre Open Space/Trail Dedication (Parcel 3)
5.46 Acre Open Space/Trail Dedication (Parcel 4)
10.3 Acres Total
N.H. Remainder Parcels
22.54 Acre Remainder (Parcel A)
7.70 Acre Remainder (Parcel B)
30.24 Acres Total
ATTACHMENT NO. 5
8 332
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FONTANA TERMINATING PROCEEDINGS TO
DISCONTINUE AND ABANDON CERTAIN PARKLAND
(GOVERNMENT CODE SECTION 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 within the boundaries of the park is known as “Southridge Park,” located at 14501 Live Oak Avenue, Fontana, California; and 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.”
WHEREAS, on December 12, 2022, the City Council adopted Resolution 2022- 142declaring its intent to discontinue and abandon use of the City Property and convey that minor portion of park area; and
WHEREAS, on December 21, 2022, a Notice of Proposed Discontinuance of Public Park Land was posted at three locations, no more than 300 feet apart, along exterior boundaries of the City Property; and
WHEREAS, the Notices of Proposed Discontinuance of Public Park Land included copies of Resolution 2022-142; and
WHEREAS, Resolution 2022-142 was published in the San Bernardino Sun on December 23, 2022, and December 30, 2022; and
WHEREAS, on January 24, 2023, the City Council held a public hearing, during which the public and/or persons particularly interested were provided the opportunity to protest and during which the City Council heard and considered all protests and oral, documentary, and other evidence presented.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES HEREBY RESOLVE AS FOLLOWS:
ATTACHMENT NO. 6
1 of 7
333
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 reviewing the Staff Report, hearing all protests, and conducting the public hearing the City Council, the City Council sustains the protests, terminating the proceedings to discontinue and abandon the City Property.
Section 3. This Resolution does not alter the status quo, and does not constitute approval of any CEQA project. The adoption of this Resolution is not subject to CEQA because it is exempt under State 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.
Section 6. 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.
PASSED AND ADOPTED by the City Council of the City of Fontana at a regular meeting of the City Council on January 24, 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Acquanetta Warren, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Ruben Duran, City Attorney
ATTACHMENT NO. 6
2 of 7
334
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
ATTACHMENT NO. 6
3 of 7
335
Exhibit “B”
Revised Offer
ATTACHMENT NO. 6
4 of 7
336
ATTACHMENT NO. 6
5 of 7
337
ATTACHMENT NO. 6
6 of 7
338
“BIRD FARM” PARCEL
9.96 Acres
N.H. REMAINDER
PARCEL B
7.7 Acres
PARCEL 3
OPEN SPACE/TRAIL DEDICATION
3.47 Acres
PARCEL 2
NEIGHBORHOOD PARK
1.36 Acres
PARCEL 4
OPEN SPACE/TRAIL DEDICATION
5.46 Acres
LAND SWAP SUMMARY
Gross Total Acreage
50.49 Gross Acres
N.H. REMAINDER
PARCEL A
22.54 Acres
City Transfer to N.H.
9.96 Acre “Bird Farm” Parcel
9.96 Acres Total
N.H. Transfer to City
1.36 Acre Neighborhood Park (Parcel 2)
3.47 Acre Open Space/Trail Dedication (Parcel 3)
5.46 Acre Open Space/Trail Dedication (Parcel 4)
10.3 Acres Total
N.H. Remainder Parcels
22.54 Acre Remainder (Parcel A)
7.70 Acre Remainder (Parcel B)
30.24 Acres Total
ATTACHMENT NO. 6
7 of 7
339
ATTACHMENT NO. 7
NOTICE OF PUBLIC HEARING
SI DESEA INFORMACION EN ESPAÑOL REFERENTE A ESTA NOTIFICACION O PROYECTO, FAVOR DE COMUNICARSE AL (909) 350-6728.
In compliance with Section 202 of the Americans with Disabilities Act of 1990 (42 U.S.C. Sec. 12132) and the federal rules and regulations adopted in implementation thereof, the Agenda will be made available in appropriate alternative formats to persons with a disability. Should you need special assistance to participate in this meeting, please contact the City Clerk’s Department by calling (909) 350-7602. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
A PUBLIC HEARING HAS BEEN SCHEDULED BEFORE THE CITY COUNCIL OF THE CITY OF FONTANA FOR THE FOLLOWING:
Consideration of Whether to Adopt a Resolution of the City Council of the City of Fontana Discontinuing and Abandoning Certain Parkland to Allow for the Conveyance of Park Property in Exchange for Privately Owned Property or Whether to Adopt a Resolution of the City Council of the City of Fontana Terminating Proceedings to Discontinue and Abandon Certain Parkland (Gov. Code Section 38440 et seq.)
Environmental Determination: This action does not qualify as a “project” under the California Environmental Quality Act (CEQA) as it would not commit the City to any definite course of action and does not constitute approval of any “project” for purposes of CEQA.
Location of Property: Southridge Park, (Assessor’s Parcel Number: 0237-411-13) Date of Hearing: January 24, 2023
Place of Hearing: City Hall Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335 Time of Hearing: 7:00 P.M.
Should you have any questions concerning this project, please contact Phil Burum, Deputy City Manager, at (909) 350-6727. E-mail: [email protected]
ANY INTERESTED PARTY MAY PROVIDE INFORMATION BY LETTER OR EMAIL WHICH MAY BE OF ASSISTANCE TO THE CITY COUNCIL. A COPY OF THE RESOLUTIONS ARE AVAILABLE FOR INSPECTION. PLEASE CONTACT STAFF LISTED ABOVE. AT THE HEARING, THE CITY COUNCIL WILL HEAR, CONSIDER, AND PASS ON ANY PROTESTS SUBMITTED. PROTESTS MAY BE SUBMITTED IN WRITING TO THE CITY CLERK AT ANY TIME PRIOR TO THE PUBLIC HEARING.
IF YOU CHALLENGE IN COURT ANY ACTION TAKEN CONCERNING A PUBLIC HEARING ITEM, YOU MAY
BE LIMITED TO RAISING ONLY THOSE ISSUES YOU OR SOMEONE ELSE RAISED AT THE PUBLIC
HEARING DESCRIBED IN THIS NOTICE, OR IN WRITTEN CORRESPONDENCE TO THE CITY AT, OR PRIOR TO, THE PUBLIC HEARING.
Publish: January 14, 2023
S.B. Sun Newspaper
340
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1831 Agenda Date: 1/24/2023
Agenda #: A. Category: New Business
FROM:
City Clerk
SUBJECT:
Appointment of Mayor Pro Tem
RECOMMENDATION:
Consider an appointment of a Council Member to the position of Mayor Pro Tem for a one-year term.
COUNCIL GOALS:
· Create and maintain a dynamic team by supporting the decisions of the majority once made.
· Create and maintain a dynamic team by promoting stability and predictability by providing consistent policy direction.
DISCUSSION:
Historically, the City Council appoints a Mayor Pro Tem to serve for a term of one year. The current Mayor Pro Tem, Peter Garcia, was appointed in December 2021.
FISCAL IMPACT:
None.
MOTION:
Approve staff recommendation.
City of Fontana Page 1 of 1 Printed on 1/19/2023
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1982 Agenda Date: 2/14/2023
Agenda #: A. Category: Elected Officials
Communications/Reports
Commission Applications
Tuesday, January 24, 2023
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 1/19/2023
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1939 Agenda Date: 1/24/2023
Agenda #: B. Category: Elected Officials
Communications/Reports
Appointments to Local Agency / Regional Boards
City Council
Acquanetta Warren, Mayor
Peter Garcia, Mayor Pro Tem
John Roberts, Council Member
Jesus “Jesse” Sandoval, Council Member
Phillip W. Cothran., Council Member
City of Fontana Page 1 of 1 Printed on 1/19/2023
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