Resolution No. 2024-
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RESOLUTION NO. 2024-___
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FONTANA,
CALIFORNIA ADOPTING NEW COMMUNITY SERVICES 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, certain Fees are subject to the adoption procedures set forth in Government Code section 66016, and others are subject to the adoption procedures set forth in Government Code section 66018; and
WHEREAS, in accordance with Government Code sections 66016 and 66018, the City Council called a public hearing for June 25, 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. On June 25, 2024, 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 f orth in Exhibit B, attached hereto and incorporated herein, effective September 1, 2024.
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 finds that, in accordance with the California Environmental Quality Act (“CEQA”) and the CEQA Guidelines, the adoption of this Resolution is exempt from CEQA pursuant to Section 15061(b)(3) and Section 15273(a)(1) of Title 14 of the California Code of Regulations bec ause 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 . This Resolution merely introduces two user fees, thus this action is exempt from CEQA.
Resolution No. 2024-
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Section 3: The City Council hereby adopts the new fees set forth in the City of Fontana Fee Schedule described in Exhibit “ B” attached hereto and incorporated herein. The Fees imposed by this Resolution shall take effect on July 1, 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 4: The City Council called a public hearing on June 25, 2024, for the purpose of receiving public comments to 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 25, 2024, 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 5: 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 licenses 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 pay or’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 6: 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 there by. 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.
Resolution No. 2024-
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APPROVED AND ADOPTED on this 25th day of June, 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 2 5th of June, 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