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four (4) districts within the City; and WHEREAS, the reference to the map in Section 2-42 to Article II, Chapter 2, is no longer current and needs to be amended.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.
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]
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
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