RESOLUTION NO. 2022-053
A RESOLUTION OF THE CITY OF FONTANA, CALIFORNIA
APPROVING AN INCREASE TO THE CAPITAL CAPACITY
REIMBURSEMENT FEE FOR CAPITAL EXPANSION OF THE
REGIONAL SEWER SYSTEM CAPACITY IN ACCORDANCE
WITH YEARLY INCREASES IMPOSED BY THE INLAND
EMPIRE UTILITIES AGENCY FOR FISCAL YEAR 2022/23.
WHEREAS, pursuant to Government Code Sections 66013 and 66016, and the certain Chino Basin Regional Sewage Service Contract (“Contract”) and amendments thereto (“Regional Sewage Service Contract” or “Contract”) between the City of Fontana and the Inland Empire Utilities Agency (“IEUA”) by which IEUA provides contract services in the Contract; and
WHEREAS, the fees charged by IEUA under the Contract are related to capital improvements made by IEUA pursuant to its Capital Improvement Plan (“CIP”), and the Contract requires the City to collect and provide the fees to IEUA upon request; and
WHEREAS, the current IEUA Capital Capacity Reimbursement Fee, which has been in place since July 2021, is $7,379 per Equivalent Dwelling Unit (EDU); and
WHEREAS, on May 18, 2022, the IEUA Board of Directors adopted Resolution No. 202 2- 5-2 authorizing an increase to the Capital Capacity Reimbursement Fee from $ 7,379 to $7,600 per EDU effective July 1, 2022; and
WHEREAS, the $221 increase represents a three percent increase for FY 2022/23 to cover inflation
WHEREAS, the City may impose and increase a Capital Capacity Reimbursement Fee for development projects in the City, provided that such fee and increase thereto do not exceed the estimated cost of providing the facilities or service for which the fee is imposed; and
WHEREAS, pursuant to Government Code Sections 66016, a duly noticed public meeting was conducted by the City Council of the City of Fontana, on June 14, 2022, and no less than ten (10) days prior to such meeting, data was made available to the public indicating the amount of cost, or estimated cost, required to provide sewage collection and treatment facilities and service, as well as the revenue sources anticipated to provide such service; and
WHEREAS the publicly disclosed data as provided by IEUA demonstrates that the Capital Capacity Reimbursement Fee does not exceed the estimated reasonable cost of providing sewage collection and treatment facilities and service, and that the amount of the Capital Capacity Reimbursement Fee reflects new or increased public facilities and services that are of proportional benefit to the persons or property being charged.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES HEREBY RESOLVE AND FINDS AS FOLLOWS:
Section 1. The foregoing recitals are true and correct.
Section 2. The City Council of Fontana hereby finds as follows:
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Resolution No. 2022-__
a. The purpose of the Capital Capacity Reimbursement Fee is to supplement ad valorem taxes to finance wastewater interceptor, treatment and disposal facilities within the service area as defined by the Contract.
b. The Capital Capacity Fee complies with the requirements of Government Code section 66013 and does not exceed the estimated reasonable cost of providing the facilities or services for which the charge is imposed.
c. The Capital Capacity Reimbursement Fee paid to IEUA, pursuant to the Regional Sewage Service Contract and the Ten -Year Program, shall be deposited into a distinct capital facilities fund and shall be used to finance o nly debts identified in the Ten-Year Program.
d. The Ten -Year CIP has been reviewed and approved by the IEUA’s Regional Technical Committee and Regional Policy Committee.
Section 3. The
the Capital Capacity Fee shall be $7, 600 per EDU effective July 1, 202 2. The capacity charges will be imposed on any person requesting a new, additional, or expanded connection to the sewer system, as the case may be, and shall be due at the time an application for such connection is made and pa id prior to making such connection.
Section 4. The establishment and increase of capacity charges is statutorily and categorically exempt from the requirements of the California Environmental Quality Act (“CEQA”).
First, the capacity charges fit within the statutory exemptions for local agency decisions involving rates, tolls, or other charges pursuant to Public Resources Code Section 21080(b)(8) Second, the capacity charges, in and of themselves, do not have the potential for resulting in either a direc t physical change in the environment, or a reasonably foreseeable indirect physical change in the environment and therefore are not considered a “project” under CEQA. (Pub. Resources Code, § 21065, 14 Cal. Code Regs., § 15378, subd. (a).) Second, the capacity charges are covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment; here, there is no possibility that the capacity charges, in and of themselves, may have a significant effect on the environment. (14 Cal. Code Regs., § 15061, subd. (b)(3).) And third, the capacity charges are considered a government funding mechanism that do not involve any commitment on behalf of the City to any specific project which may result i n a potentially significant physical impact on the environment. (14 Cal. Code Regs., § 15378, subd. (b)(4).) City staff are therefore directed to prepare and file a Notice of Exemption, under the California Environmental Quality Act, within five (5) working days of approval of this Resolution.
Section 5. The City Council has considered any comments received at the public meeting on June 14, 2022, prior to adoption of this Resolution. The determination that the capacity charges are not subject to CEQA review reflects the City Council’s independent judgment and analysis. The documents and materials that constitute the record of proceedings on which these findings have been based are located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian for these records is the City Clerk.
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Resolution No. 2022-__
APPROVED AND ADOPTED this 14th day of June 2022.
I, Germaine McClellan Key, City Clerk of the City of Fontana, do hereby certify that the foregoing resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 14th day of June 2022, by the following vote to-wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
City Clerk of the City of Fontana
________________________________
Mayor of the City of Fontana
ATTEST:
________________________________
City Clerk
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RESOLUTION NO. 2022-5-2
RESOLUTION OF THE BOARD OF DIRECTORS OF THE INLAND
EMPIRE UTILITIES AGENCY* (IEUA), SAN BERNARDINO
COUNTY, CALIFORNIA, ESTABLISHING THE
REIMBURSEMENT PAYMENT FOR FISCAL YEAR 2022/23.
WHEREAS, the Finance, Legal, and Administration Committee and the Board of Directors have reviewed and recommended the adjustments to the Reimbursement Payment;
WHEREAS, the financing of the Ten-Year Forecast reql!ir�s that the Reimbursement Payment will be $7,600 per Equivalent Dwelling Unit (EDU) effective July 1, 2022;
NOW THEREFORE, the Board of Directors of the Inland Empire Utilities Agency* does hereby RESOLVE, DETERMINE AND ORDER the following to be effective on the dates shown, and remain in effect until rescinded by a new resolution:
Section 1. July 1, 2022 for Fiscal Year 2022/23 the Reimbursement Payment for the Contracting Agencies shall be $7,600 per EDU.
Section 2. That the provisions of the Regional Sewage Service Contract and any amendments thereto, are hereby applicable and will remain in full force and effect.
Section 3. That upon the effective date of this Resolution, Resolution No. 2020- 7-10 is hereby rescinded.
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City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 21-1367 Agenda Date: 6/14/2022
Agenda #: A. Category: New Business
FROM:
City Clerk
SUBJECT:
Amending Chapter 2, Section 2-42, of the Fontana Municipal Code, regarding City Council Electoral System
RECOMMENDATION:
Read by title only and waive further reading of and introduce Ordinance No. 1894, amending Chapter 2, Section 2-42, of the Fontana Municipal Code, regarding City Council electoral system, and the reading of the title constitutes the first thereof.
COUNCIL GOALS:
· To increase citizen involvement by seeking community input.
DISCUSSION:
Every ten years, districts must be redrawn so that each district is substantially equal in population.
This process, called redistricting, is important in ensuring that each city council member represents about the same number of constituents. In Fontana, the City Council is responsible for drawing council districts.
On April 12, 2022, the Mayor and City Council adopted a new electoral voter district map by Resolution No. 2022-023.
Due to the map being adopted by Resolution and not by Ordinance, staff is bringing forward an amendment to the Municipal Code to clean up code language, shown as attached.
FISCAL IMPACT:
No fiscal impact.
MOTION:
Approve staff recommendation.
City of Fontana Printed on 6/8/2022Page 1 of 1
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ORDINANCE NO. 1894
AN O
RDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA, AMENDING SECTION 2-42 TO ARTICLE II, CHAPTER 2
OF THE FONTANA MUNICIPAL CODE, REGARDING CITY COUNCIL
DISTRICTS
WHEREAS, the City of Fontana, California (“City”) is a general law city, duly organized under the California Constitution and laws of the State of California; and WHEREAS, on September 12, 2017, City Council adopted Ordinance No. 1767, adding Section 2-42 “City council electoral system” to Article II, Chapter 2 of the Fontana Municipal Code and establishing “by district” elections for members of the City Council; and WHEREAS, Section 2-42 “City council electoral system” includes a reference to a map delineating the boundaries and identifying number of each district within the City of Fontana (“City”) established by Ordinance No, 1767; and
WHEREAS, on April 12, 2022, City Council adopted Resolution No. 2022-023, modifying the boundaries of the four (4) districts within the City; and WHEREAS, the reference to the map in Section 2-42 to Article II, Chapter 2, is no longer current and needs to be amended.
THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:
SECTION 1. In corporation of Recitals . The above recitals are true and correct and are incorporated herein by this reference as findings in support of this Ordinance.
SECTION 2. Municipal Code Amendment . Section 2-42 of Article II, Chapter 2 of the Fontana Municipal Code is hereby amended to read as follows:
“City council districts established. Four city council districts are he
reby established in the City of Fontana. The boundaries and identifying number of each district shall be as describ ed on the council district map and made available to the public in the City Clerk’s Office. Attached hereto as Exhibit “A” and incorporated herein by this reference.”
SECTION 3. CEQA. The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly. 830
Ordinance No. 1893
SECTION 4. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this O rdinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsectio n, subdivision, paragraph, sentence, clause or phrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.
SECTION 5.
Custodian of Records . The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of these records is the City Clerk.
SECTION 6.
Effective Date. This Ordinance shall be effective thirty days (30) following its adoption.
SECTION 7. Publication. The City Clerk shall certify to the adoption of this Ordinance.
Not later than fifteen (15) days following the pas sage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Fontana.
PASSED, A
PPROVED and ADOPTED by the City Council of the City of Fontana, at a regular meeting of the City Council held on the 28th day of June, 2022. [SIGNATURES ON FOLLOWING PAGE]
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Ordinance No. 1893
__________________________________
Acquanetta Warren, Mayor
City of Fontana
Attest:
__________________________________
Germaine McClellan Key, City Clerk
Read and Approved as to form:
Best, Best & Krieger, LLP.
__________________________________
Ruben Duran, City Attorney
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Ordinance No. 1893
STATE OF CALIFORNIA )
COUNTY OF SAN BERNARDINO) ss
CITY OF FONTANA )
CERTIFICATION
I, Germaine McClellan Key, City Clerk, hereby certify that the attached is a true copy of Ordinance No. 1893, introduced by the City Council of the City of Fontana, California, at a regular meeting held the 14th day of June, 2022. Ordinance No. 1893 was approved, passed and adopted at a regular meeting held the 28th day of June, 2022 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
______________________________
Germaine McClellan Key, City Clerk
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