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 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 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 Council 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:
Section 1. The above Recitals are true and correct 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 statutory 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:
The Fees established by this Resolution:
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 or other rules or ordinances; Are no more than necessary to cover the reasonable costs of the governmental activity for which the Fee is imposed; 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; 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; 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; Must be submitted no later than the close of the nomination period in accordance with Elections Code section10220; 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; May result in partial or full forfeiture if candidates fail to comply with campaign sign regulations, including but not limited to size limitations, placement restrictions, and cleanup requirements.
The Fees are not taxes within the meaning of California Constitution article XIII C, section 1(e).
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.
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.
The City Clerk’s Office shall conduct public 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 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, clause, 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.
APPROVED AND ADOPTED on this 26th day of March, 2024.
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 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