RESOLUTION NO. 2025-092
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DECLARING A PORTION OF CERTAIN REAL PROPERTY LOCATED ON SIERRA AVENUE A PUBLIC RIGHT-OF-WAY FOR STREET AND UTILITY PURPOSES AND ACCEPTING THE ROAD INTO THE CITY’S STREET SYSTEM.
WHEREAS, the City of Fontana (“City”) is a municipal corporation duly organized and existing under the laws of the State of California; and WHEREAS, on January 30, 2001, the City acquired title to a portion of that certain parcel of real property located on Sierra Avenue within the City of Fontana, County of San Bernardino, commonly known as Assessor Parcel Number 024036165, more particularly described in Exhibit A and depicted in Exhibit B, both of which are attached hereto and incorporated herein (“Property”); and WHEREAS, since that time, the City has utilized the Property as a public right-of-way for street and utility purposes but had not officially declared it as such; and WHEREAS, the City now deems it necessary and in the public interest to formally declare and designate the Property as a public right-of-way for street and utility purposes; and WHEREAS, pursuant to California Streets and Highways Code Section 1806, the City now deems it necessary and in the public interest to formally accept the Property into the City’s street system.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:
Section 1. Recitals. The above recitals are true, correct and by this reference incorporated herein.
Section 2. CEQA. The City Council of the City of Fontana hereby finds that, because the City has utilized the Property as a public right-of-way for street and utility purposes and no changes in use are proposed, this action is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines (California Code of Regulations, Title 14, Chapter 3) Sections 15060(c)(2) [the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment] and, alternately, is not subject to CEQA pursuant to CEQA Guidelines Section 15060(c)(3) [the activity is not a project as defined in Section 15378] of the CEQA Guidelines, because this action has no potential for resulting in physical change to the environment, directly or indirectly. Therefore, no further environmental assessment is required.
Section 3. Declaration of public right-of-way and acceptance into City street system. The Property as described in Exhibit A and depicted on Exhibit B is hereby declared, designated and established as a public right-of-way of the City of Fontana for street and utility purposes. Additionally, said public right-of-way is hereby formally accepted in to the street system of the City.
Section 4. Publication. The City Clerk shall cause this Resolution, including Exhibits A and B, to be recorded in the Official Records of the San Bernardino County Recorder.
Section 5. Effective Date. This Resolution shall become effective immediately.
Section 6. Severability. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end, the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
Section 7. Certification. The City Clerk shall certify to the adoption of this Resolution.
Section 8. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Resolution is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.
APPROVED AND ADOPTED this 23rd day of September, 2025.
READ AND APPROVED AS TO LEGAL FORM:
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City Attorney
I, Germaine Key, City Clerk of the City of Fontana, California, do hereby certify that the foregoing Resolution is the actual Resolution duly and regularly adopted by the City Council at a regular meeting of said City Council on the 23rd day of September, 2025, by the following vote to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
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City Clerk of the City of Fontana
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Mayor of the City of Fontana
ATTEST:
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City Clerk
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Resolution No. 2025-092