RESOLUTION NO. 2023-____
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, DELEGATING AUTHORITY TO THE CITY MANAGER OR THEIR DESIGNEE TO ADD ELIGIBLE CAPITAL IMPROVEMENT PROJECTS TO THE DEVELOPMENT IMPACT FEE APPROVED PROJECT LIST AND TAKING OTHER ACTIONS RELATING THERETO WHEREAS, the City of Fontana (“City”) provides public services and improvements, and establishes a capital improvement plan (“CIP”) in order to ensure new development pays for their share of such public services and improvements; and WHEREAS, the City recently reviewed its development impact fee schedule and approved development impact fee project list (DIF LIST), and determined that DIF LIST lacks certain improvements deemed necessary to support, or mitigate impacts of, new development within the City; and WHEREAS, the City may, from time to time, add such projects to the DIF LIST in order to allow for use of development impact fee revenues for such projects; and WHEREAS, this action shall not constitute an annual update to the CIP as provided for in Government Code section 66002; NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fontana, California as follows:
Section 1. The Recitals set forth above are true and correct.
Section 2. The City Manager or their designee is authorized and directed to periodically review and provide updates to the DIF LIST when appropriate.
Section 3. If any provision of this Resolution or the application of any such provision to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution that can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.
Section 4. This Resolution shall become effective immediately upon its adoption.
APPROVED AND ADOPTED this 24th day of January, 2023.
READ AND APPROVED AS TO LEGAL FORM:
________________________________
Ruben Duran, 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 24th day of January, 2023, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
Germaine McClellan Key, City Clerk
________________________________
Acquanetta Warren, Mayor
ATTEST:
________________________________
Germaine McClellan Key, City Clerk
3 16498.00503\40965021.1
16498.00503\40965021.1
Resolution No. 2023-___