Resolution No. 2022-
XXX RESOLUTION NO. 2022-059
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA ADOPTING NEW PLANNING AND ENGINEERING FEES
WHEREAS, the City of Fontana (the “City”) charges fees for various services, permits, licenses, and regulatory activity provided by the City (collectively, the “Fees”); and WHEREAS, in order for the Fees to cover the costs of providing the services, permits, licenses, or regulatory activity for which the Fees are imposed must be established; and WHEREAS, certain Fees are subject to the adoption procedures set forth in Government Code section 66016, and others are subject to the procedures set forth in Government Code section 66018; and
WHEREAS, in accordance with Government Code section 66016, the City has made available to the public at least ten days prior to its public hearing, data supporting the Fees, and notice of this hearing has been mailed to all interested persons that have requested such notice at least 14 days prior to the date of this hearing; and WHEREAS, in accordance with Government Code sections 66016 , the City Council called a public hearing for June 28, 2022, for informational purposes and to receive publ ic comments on the proposed Fees. Notice of the public hearing was given by publication in a newspaper of general circulation within the City once a week for two weeks commencing at least 10 days prior to the public hearing, with at least 5 days intervening between the first and last publication. On June 28, 2022, at the time and place set for the public hearing, the City Council heard and considered all oral and written presentations and comments made regarding the proposed Fees; and
WHEREAS, the City Council now wishes to adopt the new Fees set forth in Exhibit A, attached hereto and incorporated herein.
NOW, THEREFORE BE IT RESOLVED that the City Council of the City of Fontana, California, as follows:
Section 1: The above Recitals are true and correct and by this reference incorporated herein.
Section 2: The City Council hereby adopts the new fees set forth in the City of Fontana Fee Schedule described in Exhibit “A” attached hereto and incorporated herein. The Fees imposed by this Resolution shall take effect on June 28, 2022 and shall supersede any prior fees or charges imposed by resolution or otherwise by the City Council, to the extent such prior fees or charges conflict herewith.
Section 3: The City Council called a public hearing on June 28, 2022, for the purpose of receiving public comments to the proposed Fees. Notice of the public hearing was given by Resolution No. 2022-
XXX
publication in a newspaper of general circulation within the City once a week for two weeks commencing at least 10 days prior to the p ublic hearing, with at least 5 days intervening between the first and last publication. On June 28, 2022, at the time and place set for the public hearing, the City Council heard and considered all oral and written presentations and comments made regarding the proposed Fees.
Section 4: The City Council finds and determines that:
a) The Fees established by this resolution:
1) are imposed for a specific government service provided directly to the payor, or for reasonable regulatory costs of the City for issuing l icenses and permits, performing investigations, inspections, and administrative enforcement of the City’s Municipal Code or other rules or ordinances; 2) are no more than necessary to cover the reasonable costs of the governmental activity for which the Fee is imposed; and 3) the manner in which those costs are allocated to a payor bear a fair or reasonable relationship to the payor’s burdens on, or benefits received from, the governmental activity for which the Fee is imposed. b) The Fees are not taxes within the meaning of California Constitution article XIII C, section 1(e).
Section 5: If any section, subsec tion, clause or phrase in this R esolution or the application thereof to any person or circumstances is for any reason held invalid, the validity of the remainder of this resolution or the application of such provision to other persons or circumstances shall not be affected thereby. The City Council hereby declares that it would have passed this resolution and each section, subsection, sentence, claus e, or phrase thereof, irrespective of the fact that one or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.
Resolution No. 2022-
XXX
APPROVED AND ADOPTED on this 28th day of June, 2022.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine McClellan Key, City Clerk of the City of Fontana, and Ex-Officio Clerk of the City Council, 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 28 th 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
Exhibit “A”
City of Fontana Fee Schedule