ATTACHMENT NO. 4
ATTACHMENT NO. 4
Signs Posted on Site
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 cont iguous 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 ex change 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 r evised 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, c onsider 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
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