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
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HEREAS, the City Property was formally accepted by the City on May 2, 1999; and
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HEREAS, the City Property is approximately 9.96 acres in size; and
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HEREAS, the City Property is within the boundaries of the park is known as “Southridge Park,” located at 14501 Live Oak Avenue, Fontana, California; and
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HEREAS, 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.” W
HEREAS, 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 W
HEREAS, 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
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HEREAS, the Notices of Proposed Discontinuance of Public Park Land included copies of Resolution 2022-142; and
ATTACHMENT NO. 5
1 WHEREAS, Resolution 2022- 142 was published in the San Bernardino Sun on December 23, 2022, and December 30, 2022; and W
HEREAS, 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
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HEREAS, 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.
NO
W, 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.
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ection 2. A fter 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 Pro perty; (iii) that the Exchange Property is contiguous to Southridge P ark; (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.
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ection 3. A ll protests are hereby overruled by a two-thirds vote.
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ection 4. T he discontinuance and abandonment of the City Property is approved, and this Resolution constitutes a resolution of discontinuance pursuant to Government Code section 38441(c).
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ection 5. T he 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.
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ection 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 Governmen t Code ATTACHMENT NO. 5
2 section 54221(f)(1)(C) , as it is being exchanged for another property necessary for the City’s use.
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ection 7 . T he cont emplated 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.
PAS
SED 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:
N
OES:
ABSENT:
ABSTAIN:
A
cquanetta Warren, Mayor
ATTEST:
City Clerk
APPROVED AS TO FORM:
Ruben Duran, City Attorney
ATTACHMENT NO. 5
3 Exhibit “A”
Leg
al 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 Exhibit “B”
R
evised Offer
ATTACHMENT NO. 5
5 ATTACHMENT NO. 5
6 ATTACHMENT NO. 5
7 “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