ORDINANCE NO. 1942
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF FONTANA, CALIFORNIA, AMENDING
ARTICLE III TO CHAPTER 7 OF THE FONTANA
MUNICIPAL CODE REGARDING ELECTRONIC AND
PAPER METHODS OF FILING CAMPAIGN FINANCE
DISCLOSURE STATEMENTS.
WHEREAS, California Government Code Section 84615 provides that a legislative body of local government agency may adopt an ordinance that requires an elected official, candidate, committee, or other person required to file statements, reports or other documents required by Chapter 4 of the Political Reform Act, except those whose contributions and expenditures each total less than two thousand dollars ($2,000) in a calendar year, to file such statements, reports, or other documents online or electronically with a local filing officer; and
WHEREAS, On February 8, 2022, the Fontana City Council (City Council) adopted Ordinance 1878 amending Chapter 7 of the Fontana Municipal Code adding Article III related to electronic and paperless filing of statutory Fair Politi cal Practices Commission (FPPC) economic and financial disclosure statements by elected officials, candidates, or committees; and
WHEREAS, adoption of Ordinance 1878 included an opt-in/opt-out option for electronic filing which allows for the submission of paper filings; and
WHEREAS, the software used by NetFile's electronic filing system has been certified by the Secretary of State and meets the requirements set by Government Code section 84615; and
WHEREAS, NetFile’s electronic filing system software is currently being used by the Fontana City Clerk’s Office; and
WHEREAS, the Deputy City Clerk and NetFile currently operate the electronic filing system in compliance with the requirements of California Government Code section 84615 and any other applicable laws.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS. The above Recitals are true, correct and incorporated herein by this reference.
Section 2. CEQA. This Ordinance is not a project within the meaning of Section 219
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1538 of the State of California Environmental Quality Act (“CEQA”) Guidelines, because it has no potential for resulting in physical change in the environment, directly or indirectly. The City Council further finds, under Title 14 of the California Code of Regulations, Section 15061(b)(3), that this Ordinance is nonetheless exempt for the requirements of CEQA in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The City Council, therefore, directs that a Notice of Exemption be filed with the County Clerk of the County of San Bernardino in accordance with CEQA Guidelines.
Section 3. FINDINGS. The City Council finds that the City’s electronic filing system, NetFile software, contains multiple safeguards to protect the integrity and security of the data, and will operate securely and effectively and will not unduly burden filers.
Section 4. TITLE. “CHAPTER 7, ARTICLE III- ELECTRONIC FILING OF CAMPAIGN DISCLOSURE INFORMATION” is hereby amended to read as follows:
Sec. 7-31.- Required Use of Electronic Filing
(a) Except as set forth in subsection ( b ) of this Section 7-31, any elected officer, candidate, committee or other person required to file specified statements, reports, forms, or other documents with the Fontana Deputy City Clerk as required by Chapter 4 (commencing with Section 84100 of Title 9 of the California Government Code, also known as the Political Reform Act), and that has received contributions or made expenditures of $2,000.00 or more in a calendar year, may shall electronically file such statement using the City's online system according to procedures established by the Deputy City Clerk. However, to ensure reporting continuity, once a statement, report, form, or other document is filed electronically on behalf of any elected officer, candidate, or committee, all future statements, report, forms and other documents filed on behalf of that officer, candidate or committee must be filed electronically.
(b) The Deputy City Clerk, as the City’s filing officer, shall have the right to accept a paper filing in lieu of an electronic filing at the Deputy City Clerk’s discretion and to accommodate an Americans with Disabilities Act (ADA) request.
Sec. 7-32 Paper Filing Not Required After Electronic Filing.
Any elected officer, candidate, committee or other person who has electronically filed a statement, report, form, or other document using the City's 220
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online system is not also required to file a copy of that document in a paper format with the Deputy City Clerk.
Sec. 7-33 Filing Options When a Copy Must be Filed with Deputy City Clerk.
In any instance in which an original statement, report, form, or other document must be filed with the Secretary of State or other agency, and a copy of that document is required to be filed with the Deputy City Clerk, the filer may electronically file a copy with the Deputy City Clerk or may file in a paper format.
Sec. 7-34 Paper Filing When Cannot File Electronically.
If, for technical reasons, the City’s system is not capable of accepting a particular type of statement, report, form or other document, an elected officer, candidate, committee or other person shall timely file that document in paper format with the Deputy City Clerk.
Sec. 7-35 Internet Posting of Data.
The Deputy City Clerk shall ensure that the City's system makes all electronically filed statements, reports, forms, or other documents available on the internet in an easily understood format that provides the greatest public access.
The data shall be made available free of charge and as soon as possible after receipt/deadline. The data made available on the internet shall not contain the street name of the persons or entity representatives listed on the electronically filed forms or any bank account number required to be disclosed by the filer.
The City Clerk Department shall also make a complete, unredacted copy of the statement, report, form, or other document available to the Fair Political Practices Commission for Government Code section 87200 filers.
Sec. 7-36 Records Retention.
The City Clerk Department shall maintain records according to the City's records retention schedule and applicable State law commencing from the date filed, a secured, official version of each online or electronic statement, report, form, or other document, which shall serve as the official version of that record.
Sec. 7-37 Administrative Policies and Procedures.
The Deputy City Clerk is authorized to adopt such administrative policies and procedures as deemed necessary to implement this Chapter.
Section 5. CERTIFICATION. The Deputy City Clerk shall certify to the adoption of this Ordinance and cause the same to be published as required by 221
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law.
Section 6. EFFECTIVE DATE. This Ordinance shall go into effect thirty (30) days after the date of its passage and adoption.
Section 7. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications, and, to this end, the provisions of this ordinance are declared to be severable.
APPROVED AND ADOPTED this 9th day of April, 2024.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine 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 introduced at a regular meeting of said City Council on March 26, 2024, and was finally passed and adopted not less than five days thereafter on April 9, 2024, 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. 2024-012
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA ADOPTING A CAMPAIGN SIGN DEPOSIT.
WHEREAS, a City has the authority to impose fees, charges and rates under the police power granted by Article XI, Section 7 of the California Constitution; and WHEREAS, the City of Fontana (the “City”) charges fees for various services and regulatory activities provided by the City (collectively, the “Fees”); and WHEREAS, implementing a campaign sign deposit has been identified as a measure to ensure accountability among candidates and reimburses the City for costs associated with removing non-compliant campaign signs; and WHEREAS, the City wishes to adopt a campaign sign deposit fee which shall be set at $1,000.00 to offset the costs associated with removing non-compliant campaign signs; and
WHEREAS, in order to cover the costs of providing the services and regulatory activities for which the Fees are imposed, such fees must first 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 a notice of hearing has been mailed to all interested persons th at 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 March 26, 2024 , for informational purposes and to receive public 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.
WHEREAS, On March 26, 2024 , the City Council heard and considered all oral and written presentations and comments made regarding the Fees; and WHEREAS, the City Cou ncil is committed to promoting fair, transparent, and orderly local elections.
NOW, THEREFORE , BE IT RESOLVED that the City Council of the City of Fontana, California, determines, finds and orders as follows:
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Section 1 . The above Recitals are true and cor rect and by this reference incorporated herein.
Section 2. The fees established by this Resolution are statutorily and categorically exempt from the requirements of the California Environmental Quality Act since establishing these fees fits within the sta tutory exemption for local agency decisions involving the establishment and approval of rates, tolls and other charges necessary to meet operating expenses, pursuant to Public Resources Code Section 21080(b)(8) and Section 15273 of the California Environmental Quality Act Guidelines.
Section 3. The City Council finds 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 licenses and permits, performing investigations, inspections, and administrative enforcement of the City’s Municipal Code o r 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;
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;
4) Are effective as of March 26, 2024. All candidates running for local office in the City shall be required to submit a campaign sign deposit in accordance with the provisions outlined in this Resolution; 5) Shall be set at $1,000.00, payable to the City of Fontana for deposit into the General Fund of the City or into such special funds as may be otherwise required by law;
6) Must be submitted no later than the close of the nomination period in accordance with Elections Code section10220;
7) Shall be fully refunded within 30 days following the conclusion of the election if candidates fully comply with the campaign sign regulations outlined by Sections 3-81 and 3-82 of the Fontana Municipal Code; 8) May result in partial or full forfeiture if candidates f ail to comply with campaign sign regulations, including but not limited to size limitations, placement restrictions, and cleanup requirements. 224
b) The Fees are not taxes within the meaning of California Constitution article XIII C, section 1(e).
c) The City Clerk’s Office shall be responsible for administering the campaign sign deposit program, including the collection of deposits, enforcement of regulations, and processing of refunds or forfeitures.
d) The City Clerk’s Office shall develop and maintain a system for tracking campaign sign deposits and compliance, ensuring transparency and accountability in the process.
e) The City Clerk’s Office shall conduct p ublic education and outreach efforts to inform candidates and the public about the campaign sign deposit requirement, regulations, and procedures for compliance.
Section 4. Based upon the evidence provided, the City Council hereby determines that the deposit and fee established by this Resolution does not exceed the reasonable cost of providing the services for which the fees are charged.
Section 5. The City Council hereby adopts the campaign sign deposit fee in the amount of $1,000.00 that shall be set forth in the City of Fontana Fee Schedule. The Fees imposed by this Resolution shall take effect on March 26, 2024, 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 6. If any section, subsection, clause or phrase in this Resolution 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 o f 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, clause, or phrase thereof, irrespective of the fact that on e or more sections, subsections, sentences, clauses, or phrases or the application thereof to any person or circumstance be held invalid.
APPROVED AND ADOPTED on this 26th day of March, 2024.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
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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 26th day of March, 2024, 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 of the City of Fontana
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