Stop the Sale of Memorial Park
LATEST UPDATE (07/07/2019): Official Judgement Published on May 29th Re: Dismissal of Court Case to Validate Sale of 12% of Upland Memorial Park to San Antonio Regional Hospital
Judge Cohn of the superior court in San Bernardino ruled that it was ILLEGAL for the city of Upland to ask the court to validate their sale of Memorial Park to San Antonio Regional Hospital (SARH), so the case was thrown out.
For clarification, the court has NOT determined whether or not the sale itself is valid, but that the court cannot make a decision on this case because it would be illegal for the court to do so, which is why this case was dismissed.
WHAT DOES THIS MEAN?
Now that the court decision is official, the city will have to decide to either...
1) appeal the court's decision,
2) proceed with the parkland sale without a public notice, public hearing and election that are required by law, and risk being sued by those against the sale,
3) ask SARH to bow out of the sale by offering the hospital their $75,000 deposit back. If the hospital accepts and cashes the check, then the sale contract is cancelled.
4) renegotiate the parkland sale contract with SARHl with a contingency based on the results of an election that would allow voters to determine the approval of the sale.
For more details on the case, click on the "Civil, Fam law, Sm Cl, Probate" tab via the following link, and then click on the "Case Number Search" tab and enter "CIV" and the case number "DS1812143."
WHAT ARE WE GOING TO DO? See the latest "call to action."
IMPORTANCE of the JUDICIAL VALIDATION ACTION (Court Case)
Please read the following two items in the staff packet for the March 26, 2018, Upland City Council meeting (item 14A on the meeting agenda) that discuss the importance of this judicial validation action in this park sale agreement.
1) On page 57 of 97 of this staff packet, this judicial validation action was listed as a major term of the sale agreement between Upland and San Antonio Regional Hospital.
2) On page 60 of 97 of this staff packet, and page 3 of the Agreement for Purchase and Sale and Joint Escrow Instructions between Upland and the hospital, this judicial validation action was established,“specifically, to validate the transfer of the Property without the necessity of conducting an election to approve the transaction.”
The 03/26/2018 Staff Packet can be found on the City of Upland web page.
WHAT IS GOING ON?
On March 26, 2018, the Upland City Council approved the sale of 12% (the southern ball field and its surrounding area) of our lovely Upland Memorial Park to San Antonio Regional Hospital (SARH). The SARH currently wants this area for parking and future hospital expansion.
However, this parkland sale has not been finalized. To discourage Upland City and SARH from continuing with this sale, People for Upland Parks is asking you to help us protest this sale.
WHO CAN HELP?
Anyone who cares about saving our public parks! You do not have to be an Upland resident.
WHY SHOULD I HELP?
This sale of 4.6 acres of public parkland will decrease the quality of life for Upland residents and their surrounding communities. The money from this sale cannot replace the invaluable public parkland that will be lost. For more reasons, please see those listed after the events.
HOW CAN I HELP?
Attend any of our events to help protest the sale - see the latest "call to action."
Check out our public FB page: https://www.facebook.com/groups/StopUplandMemorialParkLandSale/
Ask to join our email list at StopUplandParkLandSale@gmail.com
Call/text us at 909-285-4919
WHAT ARE SOME OTHER REASONS WHY I SHOULD PROTEST THIS SALE?
- The Sale Is Illegal as deemed by several local attorneys who are opposing the sale.
- California laws (Government Code Sections 38440-38462) prohibit the sale of public parkland without the replacement of parkland or an election.
- No required public hearings, parkland replacements, or elections occurred regarding this sale.
- Upland City Policies Do Not Support This Sale
- This sale contradicts the 2015 Upland General Plan’s goals and policies to preserve park space (OSC-3.1), wildlife habitat (OSC-1.1), and mature trees (OSC–2.6).
- Over 4.6 acres (12%) of public park space will be permanently lost to a private hospital, which is a non-recreational facility.
- Mature native trees and habitat for wildlife, such as native birds, will be lost due to the sale itself and proposed relocation of the southern ball field to another part of the park.
- The Sale Could Set A Dangerous Precedent
- If this sale is approved, it could allow the city to sell any other city parkland for a private parking lot, with limited public use, without the current legal requirement of a city-wide election or parkland replacement.
- Public Open Space Is Limited
- The proposed relocation of the southern ball field will decrease the already limited amount of true open space in the remaining park area since many buildings, fenced-off areas, and parking lots already occupy the park.
- The demand for open park space is increasing due to our ever-growing population.
- The sale creates a social injustice to the lower-economic/minority community that surrounds Memorial Park by depriving them of recreational land.
- Our Parkland Is Priceless
- Parks provide many economic benefits that are often overlooked, such as health cost savings, tourism tax revenue, and storm water retention to prevent flooding.
- Upland is trading a long-term asset of land for a depreciating asset of park improvements.
- We love our public parks!
WHAT ABOUT THE HOSPITAL?
Although we greatly value San Antonio Regional Hospital (SARH), we believe that public parkland is a priceless treasure that we cannot afford to lose. SARH has other options that they can pursue to carry out their plans instead of consuming our precious parkland; they own additional property in the area that could be used for expansion, and a parking structure could be built on their current property if a parking study determines that one is necessary. We are confident that the hospital will be able to continue providing excellent health care for the community without sacrificing our parkland.