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 O F FONTANA DOES HEREBY RESOLVE AS FOLLOWS:
ATTACHMENT NO. 6
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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
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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
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Exhibit “B”
Revised Offer
ATTACHMENT NO. 6
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ATTACHMENT NO. 6
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ATTACHMENT NO. 6
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“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
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