ORDINANCE NO. ____
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA AMENDING ARTICLE V “PURCHASING” OF CHAPTER 10 OF THE FONTANA MUNICIPAL CODE WHEREAS, the City of Fontana, California (“City”) is a municipal corporation, duly organized under the California Constitution and the laws of the State of California; and WHEREAS, the City is dedicated to operating efficiently, effectively and streamlining operations where possible; and WHEREAS, the City’s current purchasing system is outlined in Article V “Purchasing” of Chapter 10 of the Fontana Municipal Code, adopted on March 25, 2008 and Administrative Policy Section 20-50 Purchasing Policies; and WHEREAS, the Article V “Purchasing” of Chapter 10 of the Fontana Municipal Code has remained largely untouched since its initial adoption; and WHEREAS, City staff has conducted a review of Article V “Purchasing” of Chapter 10 of the Fontana Municipal Code and has identified areas of improvement; and WHEREAS, City staff has also conducted a similar review for potential changes to Administrative Policy Section 20-50 Purchasing Policies; and WHEREAS, Article V “Purchasing” of Chapter 10 of the Fontana Municipal Code requires an update to match the proposed changes to Administrative Policy Section 20-50 Purchasing Policies.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS FOLLOWS:
Section 1. Incorporation of Recitals. The above recitals are true and correct and are incorporated herein by this reference.
Section 2. Amendment of Article V “Purchasing” of Chapter 10 of the Fontana Municipal Code. Article V “Purchasing” of Chapter 10 of the Fontana Municipal Code is hereby amended in its entirety as set forth in Exhibit “A”, attached hereto and incorporated herein by this reference. The changes to Article V “Purchasing” of Chapter 10 of the Fontana Municipal Code are more particularly shown in Exhibit “B”, attached hereto and incorporated herein by this reference.
Section 3. CEQA. The City Council determines that the Ordinance is categorically exempt from further review per State CEQA Guidelines (14 Cal. Code Regs., § 15000 et seq.). The whole of the Ordinance is exempt, because the code amendment is an administrative activity which will not result in a direct or reasonably foreseeable indirect physical change to the environment. (§ 15060(c)(2).) The whole of the Ordinance is also exempt because the code amendment is not a “project” as defined by section 15378, since it has no potential for resulting in a direct or indirect physical change to the environment. (§ 15060(c)(3).) 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 Ordinance 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, subsection, 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. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
Section 6. Notice of Adoption. City Clerk of the City of Fontana shall certify to the adoption of this Ordinance and cause publication to occur in a newspaper of general circulation and published and circulated in the City in a manner permitted under section 36933 of the Government Code of the State of California.
APPROVED AND ADOPTED this 13th day of December 2022.
READ AND APPROVED AS TO LEGAL FORM:
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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 Ordinance is the actual Ordinance adopted by the City Council and was introduced at a regular meeting on the 13th day of December, 2022, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
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Germaine McClellan Key, City Clerk
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Acquanetta Warren, Mayor
ATTEST:
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Germaine McClellan Key, City Clerk
Exhibit “A”
Updated Article V “Purchasing” of Chapter 10 of the Fontana Municipal Code Exhibit “B”
Redline of Article V “Purchasing” of Chapter 10 of the Fontana Municipal Code Ordinance No. 2022-____