RESOLUTION NO. 2024-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
FONTANA, CALIFORNIA ADJUSTING EXISTING FEES FOR
VARIOUS SERVICES PROVIDED BY THE CITY
WHEREAS, under the police power granted by Article XI, Section 7 of the California Constitution, cities may impose fees, charges and rates for certain municipal services; and
WHEREAS, in addition to the authority granted cities by the State Constitution, Government Code section 66016(b) provides that a city may establish or increase fees for certain public services by resolution; and
WHEREAS, on July 13, 2021, the City of Fontana (‘City”) adopted Resolution No. 2021-697, authorizing the annual adjustment of previously adopted user fees pursuant to the annual change in the Riverside-San Bernardino-Ontario Metropolitan Statistical Area (MSA) Consumer Price Index for All Urban Consumers (CPI-U) for January; and
WHEREAS, in January 2022 the CPI-U increase was eight and six tenths percent (8.6%) due to a steep increase in the costs of goods and services indexed; and
WHEREAS, on May 10, 2022, the City diverged from the automatic annual adjustment of user fees based on the CPI-U increase for 2022 and instead adopted a five percent (5%) increase to partly relieve users from a drastic escalation in user fees; and
WHEREAS, the following year, in January of 2023 the CPI-U increase was seven and three tenths percent (7.3%); and
WHEREAS, on April 25, 2023 , the City diverged from the automatic annual adjustment of user fees based on the CPI -U inc rease for 2023-2024 once more and adopted a five percent increase in user fees as done in the previous year; and
WHEREAS, the City desires to resume adjusting its user fees in accordance with the annual change in the CPI-U; and
WHEREAS, the CPI-U increase for January 2024 was two and nine tenths percent (2.9%); and
WHEREAS, the City seeks to increase its user fees in accordance with the annual CPI-U increase of two and nine tenths percent pursuant to Resolution No. 2021-697; and
WHEREAS, based upon the evidence provided, the City Council hereby determines the user fees as increased in Exhibit “A”, shall reasonably cover, but not exceed, the reasonable cost of providing the service for which the user fee is charged; and
WHEREAS, as shown in Exhibit A, which is attached hereto and incorporated by this reference herein, the fees are necessary to enable the City to provide the services to which they relate; and
WHEREAS, all other prerequisites to the adoption of this Resolution have occurred.
Resolution No. 2024-
NOW, THEREFORE, BE IT R ESOLVED, determined, and ordered by the City Council of the City of Fontana that:
Section 1. The above Recitals are true and correct and by this reference incorporated herein.
Section 2. The schedule of User Fees for various City services provided by the Finance Department is hereby adopted as set forth in the following exhibit to this Resolution:
Exhibit A: Summary of User Fees and Changes to Existing User Fees.
Section 3. Upon the effective date of the adoption of a specific fee set forth in this
Resolution, that portion of any prior Resolution, which pertains to and is inconsistent with the adoption of such fee, shall no longer be in effect. All fees listed in Exhibit “A”, shall be effective as of September 1, 2024.
Section. 4. 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 Sect ion 15061(b)(3) and Section 15273(a)(1) of Title 14 of the California Code of Re gulations because 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 increases already-adopted user fees, thus this action is exempt from CEQA.
Section 5. If any sect ion, 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.
Resolution No. 2024-
APPROVED AND ADOPTED this 25th day of June 2024.
READ AND APPROVED AS TO LEGAL FORM:
City Attorney
I, Germaine McCell an Key , City Clerk of the City of Fontana, California, 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 25th day of June 2024, by the following vote to-wit:
AYES:
NOES:
ABSENT:
City Clerk of the City of Fontana
Mayor of the City of Fontana
ATTEST:
City Clerk