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
DocuSign Envelope ID: 18C70D42- AC00- 4ABO- AAD7- 4E24FBA71F86 Resolution No. 2022- 141
APPROVED AND ADOPTED this 12thday 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 12thday 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
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
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
DocuSign Envelope ID: A4231390- 3C11- 4092- B12A- 1A53D1479C90 Resolution No. 2022- 142
APPROVED AND ADOPTED this 12thday 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 12thday 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
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
DocuSign Envelope ID: A4231390- 3C11- 4092- B12A- 1A53D1479C90 Resolution No. 2022- 142
Exhibit " B"
Revised Offer
ATTACHMENT NO. 3
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: mballantyneWontana,org
Re: Southridge, Fontana -- Revised Offer to Swap & Improve Property fo Bird Farm Parcel
Dear City Manager:
NH SouthridgeLLC is processinga residentialtract (the "Project") on 27 acres of land adjacent to the City' s 9. 96unimprovedparcel [APN:0237-411-13] (the " City Parcel"). Currently, NH Southridgehasthe rights to acquirethe City Parcelpursuantto that certainOption to Purchase dated June 29, 2022. Over the last few weeks it has come to our attention that mountain bikers, hikersandthe publicgenerallywouldlike permanentaccessto the City's SouthridgeVillage Open Space Reserve ( the " City Recreational Area"). Currently, there is no legal accessto the City RecreationalArea from SouthridgePark or from any nearbyright-of-way. Per our discussion, themountainbikecommunityhasbeenobtainingaccessacrossprivateparcelstorun their races, etc. in efforttoassisttheCity, themountainbikegroupandthepublicgenerally, we believethatwehavefoundasolutionthatbenefitstheCity.
OFFER:
I) Ni{ Southridge will exchange approximately 10.3 acres of property (" Exchange Property") for theCity Parcelwhichshallcreatecirculation, connectivity, andaccessto the City Recreational Area to and from Southridge Park. See Exhibit " A" for depiction of the Exchange Property.
2) NH Southridgeshall pay an additional $1,000, 000for the City Parcel. The exchange closing shall occur on or beforethe earlier of the Projectbeing issuedits 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 purchaseprice, andshallbeusedby theCity to coveranyattorneyfeesownedby NH Southridgefor theexisting/previousagreement.
3) As partof theProjectandbeinga portionof theExchangeProperty, NH Southridgewill construct an approximately 1,6 acre public park ( the " Proposed Park") at the comer of Live Oak Ave and Village Drive, The ProposedPark will have a new parking lot, 500NewportCenterDrive, Suite570ANewportBeach, CA 92660
949) 344- 27ffl
ATTACHMENT NO. 3
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 fundspreviouslyallocatedfor a dogpark. 4) Prior to the development of the Project, NH Southridge will remove dangerous boulders androcksthatareprecariouslyhangingfromthefaceof theoldgranitequarryontheCity property [APN: 0237-411-15] adjacentto the Project, andinstalla rockfall protection harrierasrecommendedby our geotechnicalengineer,
SUMMARY OF OFFER:
NH SouthridgeandCity exchange9.96 Bird Farmparceland 10.3 acreExchange Property shown on Exhibit " A".
NH SouthridgepaystheCity $ 1,000, 000. 00
NH Southridge improves the Proposed Park estimated to cost $ 950, 000 Nil SouthridgemitigatestheCity' s rockfall liability estimatedto cost $1, 700, 000.
City providesoffsite gradingeasementsandconstructioneasementsfor sewerand stormdrainimprovementsandrockfall mitigation performedby N Southridge.
Pleaselet us know if you haveany questionsregardingthis 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