Agenda packet — Fontana City Council, June 24, 2025 (part 2 of 2)

severable. The City Council declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion of this Resolution.

Section 8. Certification. The City Clerk shall certify to the adoption of this Resolution.

Section 9. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Resolution is based are located at the City Clerk’s office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of records is the City Clerk.

APPROVED AND ADOPTED this 24th day of June, 2025.

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 resolution is the actual resolution duly and regularly adopted by the City Council at a regular meeting on the 24th day of June, 2025, 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

165
City of Fontana
Action Report
City Council Meeting
8353 Sierra Avenue
Fontana, CA 92335
File #: 25-0240 Agenda Date: 6/24/2025
Agenda #: B. Category: Public Hearing
FROM:

Development Services
SUBJECT:

Hold a Public Hearing and Consider Adoption of Resolution Adopting Increases for Solid Waste Service Charges
RECOMMENDATION:

1. Hold a Public Hearing on proposed Solid Waste Service Charges; and

2. Approve Resolution No. 2025-045, of the City of Fontana, California Adopting Increases for Solid Waste Service Charges.

COUNCIL GOALS:
· Enhance the local environment for future generations and create a healthy economic and environmental future by encouraging conservation, waste reduction, and recycling in the community.
· Enhance the local environment for future generations and create a healthy economic and environmental future by promoting programs that encourage reducing Green House Gas emissions.

DISCUSSION:

Pursuant to the Integrated Solid Waste Agreement (Franchise Agreement) between the City of Fontana (City) and Burrtec Waste Industries, Inc. (Burrtec), Burrtec may annually apply for a rate adjustment and supply evidence to the City to support said adjustment. The Franchise Agreement provides for increases in Solid Waste Service rates due to the increase in (a) disposal fees at San Bernardino County landfills (so-called “tippingfees”),(b) recyclables and organics processing costs, and (c) the annual inflationary increases. If the Resolution is approved by the City Council, the solid waste rate increases will take effect July 1, 2025.

The proposed increases will also allow for future automatic increases commencing on July 1, 2026, through and including July 1, 2029, as follows:
· CPI Adjustment: The proposed maximum rates for Solid Waste Services in Exhibit A of the Resolution shall account for inflation, subject to a 6% cap on Maximum Permitted Service Rates. Beginning July 1, 2026, and each July 1 thereafter, through and including July 1, 2029, the then-current Maximum Permitted Service Rates will be adjusted by annual percentage change in the All Urbans Consumer Index (CPI-U), Riverside-San Bernardino-Ontario, CA, as City of Fontana Printed on 6/19/2025Page 1 of 2
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File #: 25-0240 Agenda Date: 6/24/2025
Agenda #: B. Category: Public Hearing
published by the U.S. Department of Labor, Bureau of Statistics. · Tipping Fees: Beginning July 1, 2026, and each July 1 thereafter, through and including July 1, 2029, the then-current Maximum Permitted Service Rates will be annually adjusted for changes in tipping or gate fees charged by the landfill based on the percentage increase in the tipping fees applied to the maximum rates.
· Processing Fees: For the fiscal year beginning July 1, 2026, and annually thereafter on July 1 through and including July 1, 2029, the then-current Maximum Permitted Service Rates will be annually adjusted for changes in processing fees charged by any material recovery facility or processing facility that receives and processes waste generated in Fontana.

Residential Rates:

The proposed rate for residential service will increase from $36.15 per month to $37.63 per month.

The senior citizen discounted rate will increase from $28.92 per month to $30.10 per month.

Residents that are 60 years or older qualify for the senior discount.

Commercial Rates:

In addition to their residential service rates, Burrtec is also requesting adjustments to their commercial service rates. For example, a 3-yard bin for trash, serviced once per week, will change from $233.28 to $239.35.

Proposition 218 Procedures
A notice was mailed to property owners and tenants receiving solid waste services regarding the public hearing and proposed solid waste rate increases pursuant to Proposition 218 at least 45 days before the hearing.

Staff is recommending the City Council conduct a Public Hearing to hear and consider all information, including all protests and objections concerning the proposed increase, and to consider adoption of the proposed solid waste rates. If at the close of the Public Hearing, the City Council does not receive a majority protest (i.e., written protests from 50% plus 1 of parcels affected by the proposed rate increase), the City Council may approve the proposed Resolution adopting the solid waste rate increases effective July 1, 2025.

The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Service.

FISCAL IMPACT:

The financial impact associated with the approval of this item is an estimated increase in revenue to the City of $225,000 in franchise fee revenue and household hazardous waste collections for fiscal year 2025-26.

MOTION:

Approve staff recommendation
City of Fontana Printed on 6/19/2025Page 2 of 2
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167

RESOLUTION NO. 2025-XX

RESOLUTION OF THE CITY COUNCIL OF

THE CITY OF FONTANA, CALIFORNIA,

ADOPTING INCREASES TO SOLID WASTE

SERVICE CHARGES

WHEREAS, pursuant to Fontana Municipal Code (“FMC”) Section 24-44, the City Council may app rove changes to rates for solid waste collection services furnished to commercial and residential properties within the City; and

WHEREAS, pursuant to FMC Section 24 -31, Burrtec Waste Industries ("Burrtec") provides for the collection, transportation, processing and disposal of garbage, recyclables, and organic waste to residential and commercial properties within the City (collectively, “Solid Waste Service”) pursuant to an exclusive franchise agreement; and

WHEREAS, the rate structure for Solid Waste Service is for two customer classes: (i) residential (including multi -family); and (ii) commercial, and the r ates for Solid Waste Service (“Rates” or “Charges”) for each customer class is determined based upon: (i) the type of service received by a property (e.g., collection of garbage, recyclables, or organic waste), (ii) the frequency of pickups per week; and (iii) the size of the container serving the property; and

WHEREAS, pursuant to the f ranchise agreement, Burrtec is entitled to rate increases for Solid Waste Service due to the increase in disposal fees at the San Bernardino County landfills (often referred to as “tipping fees”), recyclable and organics processing costs, and annual inflationary adjustments; and

WHEREAS, revenues derived from the Charges will not exceed the funds required to provide the Solid Waste Service for which the Rates are imposed, and will be used solely for the purpose of defraying costs incurred in providing the Solid Waste Service, including but not limited to, garbage, recycling, and organic waste pickup, transportation, processing, disposal, facilities and equipment maintenance, capital projects and financing, and billing and accounting management; and

WHEREAS, article XIII D, section 6 of the California Constitution (“Article XIII D”) requires that prior to imposing any increase to the Rates , the City shall provide written notice (the “Notice”) by mail of the new or increased R ates to the record owner of each parcel upon which the Rates are proposed for imposition and any tenant directly liable for payment of the Rates, the amount of the Rates proposed to be imposed on each parcel, the basis upon which the Rates were calculated, the reason for the Rates, and the date, time and location of a public hearing (the “Hearing”) on the proposed Rates; and

WHEREAS, pursuant to Article XIII D such Notice is required to be provided to the affected property owners and any tenant directly l iable for the payment of the Rates not less than forty -five (45) days prior to the Hearing on the proposed Rates, and the City provided such notice in compliance with Article XIII D; and

168

WHEREAS, the Hearing was held on this day, June 24, 2025; and

WHEREAS, at the Hearing the City Council heard and considered all oral testimony, written materials, and written protests concerning the establishment and imposition of the proposed increases for the Rates, and at the close of the Hearing the City did not receive written protests against the establishment and imposition of the proposed increases for the Rates from a majority of the affected property owners and tenants of the properties subject to the Rates; and

WHEREAS, the City Council has determined that it is necessary to impose increased Rates for its Solid Waste Service for residential and commercial customers; and

WHEREAS, the City Council now desires to establish and impose the proposed Rates for residential and commercial customers as set forth in Exhibit “A” effective July 1, 2025; and

WHEREAS, the City Council also desires to establish annual automatic adjustments beginning July 1, 2026, and each July 1 thereafter, through and including July 1, 2029, to increase the maximum Rates due to annual increases in inflation, disposal fees, and processing fees.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Fontana, California, as follows:

Section 1. Recitals. The above recitals are true, correct, and by this reference incorporated herein.

Section 2. Adoption of Solid Waste Service Rates. The City Council hereby adopts the Solid Waste Service Rates, effective July 1, 2025, in the amounts, and at the rates set forth in Exhibit “A,” attached hereto and incorporated herein by this reference.

Section 3. Authorization for Annual Inflationary Adjustments. The City Council hereby adopts the annual inflationary adjustments for the maximum Solid Waste Service Rates effective July 1, 2026, and each July 1 thereafter, through and including July 1, 2029 without further public hearings. Pursuant to suc h authority, the City shall be authorized to annually increase the then-current maximum Solid Waste Service Rates to account for any Rate increase as a result of the annual percentage change in the All Urbans Consumer Index (CPI -U), Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Statistics. The City shall not increase the Rates for inflation by more than six percent (6%) in any year.

Section 4 . Authorization for Annual Disposal Fee Adjustments. Beginning July 1, 2026, and each July 1 thereafter, through and including July 1, 2029, the then- current maximum Solid Waste Service Rates shall also be annually adjusted for changes in tipping or gate fees charged by the landfill based on the percentage increase in the tipping fees applied to the maximum rates.

Section 5. Authorization for Annual Processing Fee Adjustments. Beginning July 1, 2026, and each July 1 thereafter, through and including July 1, 2029, the then- 169

current maximum Solid Waste Service Rates shall also be annually adjusted for changes in processing fees charged by any material recovery facility or processing facility that receives and processes waste generated in the City.

Section 6. In no event shall any of the annual automatic adjustments in Sections 3-5 cause the Rates to exceed the cost of providing the Solid Waste Service. Prior to implementing any increase in the Rates as a result of the annual automatic adjustments, the City shall provide written notice of the Rate increase at least thi rty (30) days in advance of the effective date.

Section 7. CEQA. The City Council finds that the administration, operation, maintenance, and improvements of the City’s solid waste system, which are to be funded by the Rates, and set forth herein, are necessary to maintain service within the City’s existing solid waste service area as described herein. The City Council further finds that the administration, operation, maintenance and improvements of the City’s solid waste system, to be funded by the Rates, will not expand the City’s solid waste system. The City Council further finds that the adoption of the Rates is necessary and reasonable to fund the administration, operation, maintenance and improvements of the City’s solid waste system. Based on these findings, the City Council determines that the adoption of the Rates established by this Resolution are exempt from the requirements of the California Environmental Quality Act pursuant to section 21080(b)(8) of the Public Resources Code and section 15273(a) of the State CEQA Guidelines. The documents and materials that constitute the record of proceedings on which these findings have been based are located at City of Fontana, 8353 Sierra Avenue, Fontana, CA 92335.

The custodian for these records is the City Clerk of the City.

Section 8.

Severability. If any provision of this Resolution or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Resolution which can be given effect without the invalid provision or application, and to this end the provisions of this Resolution are severable.

The City Council hereby declares that it would have adopted this Resolution irrespective of the invalidity of any particular portion thereof.

Section 9. C
onflicts. All prior actions of the City Council, including resolutions, ordinances, or parts thereof, that are inconsistent with any provision of this Resolution are hereby superseded by this Resolution to the extent of such inconsistency.

Section 10.

Effective Date of Resolution. This Resolution shall take effect immediately upon its adoption.

APPROVED AND ADOPTED this 24th day of June, 2025.

READ AND APPROVED AS TO LEGAL FORM:

_____________________________
Ruben Duran, City Attorney
170

I, Germaine McClellan Key, City Clerk of the City of Fontana, hereby certify that the foregoing Resolution is the actual resolution that was duly and regularly adopted by the City Council of the City of Fontana at a regular meeting on the 24th day of June, 2025, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Germaine McClellan Key, City Clerk

______________________________
Acquanetta Warren, Mayor

ATTEST:

______________________________
Germaine McClellan Key, City Clerk

Attachments:

Exhibit A – Maximum Solid Waste Rates Effective July 1, 2025

171
Current Rate 2024 Rates 2025 Rates Current Rate 2024 Rates 2025 Rates Residential Services Commercial - Refuse Equalized
Trash - Barrel 36.15$ 36.15$ 37.63$ Bins
Trash - Sr Service 28.92$ 28.92$ 30.10$ 1 1 118.78$ 118.78$ 124.14$ Recycling - Barrel N/C N/C N/C 1 2 193.85$ 193.85$ 201.50$ Green Waste - Barrel N/C N/C N/C 1 3 258.98$ 258.98$ 267.47$ Extra Trash - Barrel $8.43 $8.43 $8.70 1 4 326.41$ 326.41$ 335.93$ Extra Recycling - Barrel N/C N/C N/C 1 5 390.19$ 390.19$ 400.42$ Extra Green Waste - Barrel N/C N/C N/C 1 6 457.81$ 457.81$ 469.09$ Additional Services 1 7 549.53$ 549.53$ 564.17$ - Locking Barrel (Trash only) $17.65 $17.65 $18.22 1.5 1 147.80$ 147.80$ 153.76$ - Locking Barrel Exchange (first free) $19.25 $19.25 $19.87 1.5 2 253.59$ 253.59$ 261.56$ charge does not apply to graffiti or damaged barrels 1.5 3 350.90$ 350.90$ 360.08$ - Locking Barrel Replacement (Trash) $100.59 $100.59 $103.82 1.5 4 447.10$ 447.10$ 457.38$ Multi Family - Refuse 1.5 5 542.06$ 542.06$ 553.34$ Bins 1.5 6 637.28$ 637.28$ 649.57$
1 1 $117.07 $117.07 $121.57 1.5 7 763.08$ 763.08$ 779.26$ 1 2 $188.93 $188.93 $196.49 2 1 181.56$ 181.56$ 188.05$ 1 3 $248.59 $248.59 $258.80 2 2 324.72$ 324.72$ 334.08$ 1 4 $310.81 $310.81 $323.77 2 3 455.50$ 455.50$ 466.57$ 1 5 $368.92 $368.92 $384.49 2 4 587.41$ 587.41$ 600.31$ 1 6 $431.22 $431.22 $449.52 2 5 743.01$ 743.01$ 759.95$ 1 7 $517.81 $517.81 $539.63 2 6 849.48$ 849.48$ 865.83$

1.5 1 $144.28 $144.28 $150.03 2 7 1,017.13$ 1,017.13$ 1,038.67$

1.5 2 $242.77 $242.77 $252.79 3 1 233.28$ 233.28$ 239.35$

1.5 3 $331.71 $331.71 $345.71 3 2 436.03$ 436.03$ 445.27$

1.5 4 $419.52 $419.52 $437.45 3 3 620.73$ 620.73$ 631.45$

1.5 5 $505.97 $505.97 $527.79 3 4 808.20$ 808.20$ 820.68$

1.5 6 $592.76 $592.76 $618.48 3 5 993.85$ 993.85$ 1,007.92$

1.5 7 $710.01 $710.01 $740.62 3 6 1,181.74$ 1,181.74$ 1,197.58$ 2 1 $175.45 $175.45 $182.58 3 7 1,411.14$ 1,411.14$ 1,432.67$ 2 2 $308.92 $308.92 $321.80 4 1 313.99$ 313.99$ 322.34$ 2 3 $428.80 $428.80 $447.03 4 2 584.88$ 584.88$ 597.53$ 2 4 $549.84 $549.84 $573.44 4 3 857.43$ 857.43$ 874.53$ 2 5 $696.98 $696.98 $726.76 4 4 1,119.89$ 1,119.89$ 1,140.51$ 2 6 $790.13 $790.13 $824.42 4 5 1,380.48$ 1,380.48$ 1,404.43$ 2 7 $946.41 $946.41 $987.21 4 6 1,632.57$ 1,632.57$ 1,659.05$ 3 1 $220.42 $220.42 $229.72 4 7 1,952.02$ 1,952.02$ 1,987.38$ 3 2 $407.41 $407.41 $424.94 6 1 462.99$ 462.99$ 474.76$ 3 3 $574.59 $574.59 $599.73 6 2 864.41$ 864.41$ 882.17$ 3 4 $744.91 $744.91 $777.74 6 3 1,229.35$ 1,229.35$ 1,249.67$ 3 5 $913.09 $913.09 $953.55 6 4 1,599.97$ 1,599.97$ 1,623.38$ 3 6 $1,083.85 $1,083.85 $1,132.02 6 5 1,966.84$ 1,966.84$ 1,992.98$ 3 7 $1,294.70 $1,294.70 $1,351.86 6 6 2,338.23$ 2,338.23$ 2,367.53$ 4 1 $295.31 $295.31 $307.77 Temp 3Yrd Bin (7days) 119.30$ 119.30$ 124.31$ 4 2 $544.58 $544.58 $568.01 95Gal Barrel 1 46.34$ 46.34$ 48.09$ 4 3 $795.62 $795.62 $830.08 Compactor - Refuse Equalized 4 4 $1,035.88 $1,035.88 $1,081.01 Bins
4 5 $1,274.12 $1,274.12 $1,329.90 3 1 $283.99 $283.99 $286.86 4 6 $1,503.29 $1,503.29 $1,569.37 3 2 $537.44 $537.44 $540.31 3 3 $772.88 $772.88 $774.01
Roll-Off Services 3 4 $1,011.11 $1,011.11 $1,011.11
Permanent Trash Tons 3 5 $1,247.44 $1,247.44 $1,247.44
10 yard 8 $1,001.43 $0.00 $1,052.17 3 6 $1,486.08 $1,486.08 $1,486.08 20 yard 6 $805.45 $0.00 $845.22 3 7 $1,768.30 $1,768.30 $1,768.30 40 yard 4 $633.92 $640.01 $663.48 4 1 $396.19 $396.19 $401.66 Compactor 6 $805.45 $814.59 $845.22 4 2 $747.19 $747.19 $753.86 Temporary Trash 4 3 $1,099.88 $1,099.88 $1,107.92
10 yard 8 $1,001.43 $1,013.61 $1,052.17 4 4 $1,442.03 $1,442.03 $1,450.45 20 yard 6 $827.82 $836.95 $868.30 4 5 $1,782.18 $1,782.18 $1,790.80 40 yard 4 $654.25 $660.34 $684.47 4 6 $2,113.42 $2,113.42 $2,121.40 Recycling Box 4 7 $2,524.02 $2,524.02 $2,538.83
All Sizes - plus Actual Disposal Fees $277.67 $277.67 $286.58 Multi Family / Residential Bins - Mixed Organics Stand Alone Barrels Commercial Food Waste - Equalized Size Freq Size Freq
15Gal 1 36.86$ 36.86$ 38.01$ Bins
15Gal 2 60.05$ 60.05$ 61.89$ 2 1 181.56$ 181.56$ 188.05$ 15Gal 3 78.75$ 78.75$ 81.16$ 2 2 324.72$ 324.72$ 334.08$ 15Gal 4 97.84$ 97.84$ 100.84$ 2 3 455.50$ 455.50$ 466.57$ 15Gal 5 125.53$ 125.53$ 129.38$ 2 4 587.41$ 587.41$ 600.31$ 15Gal 6 135.44$ 135.44$ 139.56$ 2 5 743.01$ 743.01$ 759.95$ 35Gal 1 37.99$ 37.99$ 39.13$ 2 6 849.48$ 849.48$ 865.83$ 35Gal 2 62.20$ 62.20$ 64.01$ 2 7 1,017.13$ 1,017.13$ 1,038.67$ 35Gal 3 81.94$ 81.94$ 84.31$ Barrel
35Gal 4 102.08$ 102.08$ 105.00$ 35Gal 1 36.34$ 36.34$ 36.75$ 35Gal 5 130.80$ 130.80$ 134.55$ 35Gal 2 62.60$ 62.60$ 62.60$ 35Gal 6 141.75$ 141.75$ 145.76$ 35Gal 3 85.65$ 85.65$ 85.65$ 65Gal 1 39.64$ 39.64$ 40.74$ 35Gal 4 108.94$ 108.94$ 108.94$ 65Gal 2 65.40$ 65.40$ 67.17$ 35Gal 5 138.52$ 138.52$ 138.52$ 65Gal 3 86.69$ 86.69$ 88.98$ 35Gal 6 155.10$ 155.10$ 155.10$ 65Gal 4 108.38$ 108.38$ 111.19$ 35Gal 7 187.86$ 187.86$ 187.86$ 65Gal 5 138.66$ 138.66$ 142.27$ 65Gal 1 46.34$ 46.34$ 46.34$ 65Gal 6 151.16$ 151.16$ 155.01$ 65Gal 2 82.55$ 82.55$ 82.55$ 95Gal 1 41.28$ 41.28$ 42.36$ 65Gal 3 115.50$ 115.50$ 115.50$ 95Gal 2 68.60$ 68.60$ 70.31$ 65Gal 4 148.74$ 148.74$ 148.74$ 95Gal 3 91.44$ 91.44$ 93.66$ 65Gal 5 188.23$ 188.23$ 188.23$ 95Gal 4 114.68$ 114.68$ 117.39$ 65Gal 6 214.75$ 214.75$ 214.75$ 95Gal 5 146.51$ 146.51$ 149.99$ 65Gal 7 257.42$ 257.42$ 257.42$ 95Gal 6 160.57$ 160.57$ 164.25$
Commercial - Green Waste Special Services
Bins Push Out Rates

1.5 1 124.84$ 124.84$ 136.26$ 0 - 25 Feet 1 24.28$ 24.28$ 25.06$

1.5 2 205.17$ 205.17$ 226.58$ 0 - 25 Feet 2 48.55$ 48.55$ 50.11$

1.5 3 276.49$ 276.49$ 307.59$ 0 - 25 Feet 3 72.82$ 72.82$ 75.16$

1.5 4 346.66$ 346.66$ 387.42$ 0 - 25 Feet 4 97.10$ 97.10$ 100.22$

1.5 5 415.49$ 415.49$ 465.88$ 0 - 25 Feet 5 121.37$ 121.37$ 125.26$

1.5 6 484.61$ 484.61$ 544.64$ 0 - 25 Feet 6 145.65$ 145.65$ 150.32$

1.5 7 586.13$ 586.13$ 656.81$ 0 - 25 Feet 7 169.92$ 169.92$ 175.37$ 2 1 150.05$ 150.05$ 164.73$ 26 - 50 Feet 1 48.55$ 48.55$ 50.11$ Exhibit A
Maximum Solid Waste Rates Effective July 1, 2025
Service Type Service Type
172
Current Rate 2024 Rates 2025 Rates Current Rate 2024 Rates 2025 Rates

CITY OF FONTANAPROPOSED RATE INCREASE
Service Type Service Type2 2 259.35$ 259.35$ 287.44$ 26 - 50 Feet 2 97.10$ 97.10$ 100.22$ 2 3 355.57$ 355.57$ 396.61$ 26 - 50 Feet 3 145.65$ 145.65$ 150.32$ 2 4 452.97$ 452.97$ 507.03$ 26 - 50 Feet 4 194.19$ 194.19$ 200.42$ 2 5 575.49$ 575.49$ 643.36$ 26 - 50 Feet 5 242.75$ 242.75$ 250.54$ 2 6 645.90$ 645.90$ 725.91$ 26 - 50 Feet 6 291.29$ 291.29$ 300.64$ 2 7 781.20$ 781.20$ 875.44$ 26 - 50 Feet 7 339.84$ 339.84$ 350.75$ 3 1 183.65$ 183.65$ 204.38$ 51 - 75 Feet 1 72.82$ 72.82$ 75.16$ 3 2 334.93$ 334.93$ 375.32$ 51 - 75 Feet 2 145.65$ 145.65$ 150.32$ 3 3 467.07$ 467.07$ 526.52$ 51 - 75 Feet 3 218.47$ 218.47$ 225.48$ 3 4 602.15$ 602.15$ 680.76$ 51 - 75 Feet 4 291.29$ 291.29$ 300.64$ 3 5 735.31$ 735.31$ 833.02$ 51 - 75 Feet 5 364.11$ 364.11$ 375.79$ 3 6 870.83$ 870.83$ 987.70$ 51 - 75 Feet 6 436.94$ 436.94$ 450.96$ 3 7 1,050.35$ 1,050.35$ 1,187.82$ 51 - 75 Feet 7 509.76$ 509.76$ 526.12$ Barrel Over 75 Feet $182.7 p/hour$182.7 p/hour$188.56 p/hour65Gal 1 31.65$ 31.65$ 34.27$ All Miscellaneous ServicesCommercial - Extra Recycling OtherBins Extra Pick Up1 1 87.32$ 87.32$ 89.65$ Barrel - Scheduled Day $19.77 $19.77 $20.401 2 129.34$ 129.34$ 132.51$ Barrel - Non-Scheduled Day $32.94 $32.94 $34.001 3 160.28$ 160.28$ 163.98$ Bin - Scheduled Day $63.40 $63.40 $65.431 4 193.67$ 193.67$ 197.95$ Bin - Non-Scheduled Day $89.73 $89.73 $92.611 5 223.22$ 223.22$ 227.94$ Compactor $101.18$101.18$104.431 6 256.80$ 256.80$ 262.13$ Compactor- Non-Scheduled Day $127.51$127.51$131.601 7 315.97$ 315.97$ 322.70$ Large/Bulky Item - Service Charge $41.52 $41.52 $42.851.5 1 99.55$ 99.55$ 102.01$ Large/Bulky Item - per Item Charge $15.23 $15.23 $15.721.5 2 154.57$ 154.57$ 158.07$ Contamination Fee - Recycling $68.05 $68.05 $70.231.5 3 200.59$ 200.59$ 204.84$ Contamination Fee - Green Waste $68.05 $68.05 $70.231.5 4 245.44$ 245.44$ 250.41$ Counter Balance Lid $12.75 $12.75 $13.161.5 5 288.98$ 288.98$ 294.61$ Locking Bars - Initial Setup $38.79 $38.79 $40.031.5 6 332.80$ 332.80$ 339.11$ Locking Bars - Monthly Fee $8.29 $8.29 $8.561.5 7 409.01$ 409.01$ 417.05$ Steam Clean 40yd Compactor $214.47$214.47$221.352 1 116.31$ 116.31$ 119.06$ 2 2 191.88$ 191.88$ 196.10$ Residential/Commercial2 3 254.35$ 254.35$ 259.60$ Barrel Services2 4 318.02$ 318.02$ 324.34$ - Barrel Exchange (first exchange free)$19.25 $19.25 $19.872 5 406.81$ 406.81$ 415.01$ charge does not apply to graffiti or damaged barrels2 6 443.48$ 443.48$ 451.89$ - Barrel Replacement $82.94 $82.94 $85.602 7 545.05$ 545.05$ 555.75$ resdl-customer damaged, comml-lost or stolen3 1 133.05$ 133.05$ 135.86$ Bin Services3 2 233.72$ 233.72$ 238.31$ - Bin Exchange (first exchange fee) $96.28 $96.28 $99.373 3 315.25$ 315.25$ 321.00$ charge does not apply to graffiti or damaged bins3 4 399.73$ 399.73$ 406.74$ - Bin Replacement + actual cost of bin$106.66$106.66$110.083 5 482.30$ 482.30$ 490.49$ comml-lost or stolen3 6 567.20$ 567.20$ 576.67$ 3 7 696.13$ 696.13$ 708.27$ Roll Off4 1 151.09$ 151.09$ 154.01$ Rental Fee $39.08 $39.08 $40.334 2 266.23$ 266.23$ 270.89$ End Dump Fee (Hourly Rate) $222.14$222.14$229.094 3 360.10$ 360.10$ 365.84$ Relocation/Dry Run Fee (per occurrence 5 mile radius)$97.74 $97.74$100.884 4 457.25$ 457.25$ 464.16$ Tilthopper $49.85 $49.85 $51.454 5 552.26$ 552.26$ 560.28$ RO 40Yrd Retractable Lid Montlhy Rental$279.99$279.99$288.974 6 649.90$ 649.90$ 659.10$ Roll Off Liner $127.22$127.22$131.304 7 796.41$ 796.41$ 808.39$ Audit Bin $180.70$180.70$186.50Compactor Recyclying Audit RO $361.41$361.41$373.014 1 $220.17221.42$ Receiver rental (per month) $265.03$265.03$273.534 2 $394.68395.69$ Compactor rental (per month) $371.05$371.05$382.954 3 $570.92571.77$ Residential Barrel Rollout Fee (+ Base Rate)NA NA $41.066 1 $321.80323.39$ 6 2 $578.32579.41$ 6 3 $798.24797.66$ Barrel65Gal 1 29.69$ 29.69$ 30.48$ 173
CITY OF FONTANA Notice of Public Hearing on Proposed Increase in Solid Waste Rates Tuesday, June 24, 2025 at 2:00 p.m City of Fontana Council Chambers, 8353 Sierra Avenue, Fontana, CA 92335 Notice is hereby given that the Fontana City Council will hold a public hearing at the above date and time to consider adopting increases to the rates for residential and commercial trash/solid waste, recycling, and organic waste services within the City (collectively, “Solid Waste Services”). This notice is being provided to you at least 45 days in advance of the public hearing as a property owner of record of the property receiving Solid Waste Services, or a tenant directly liable for payment of Solid Waste Services. Public Hearing Process: All Fontana property owners of record and customers are invited to attend this public hearing. The Fontana City Council will hear and consider all materials and testimony as well as all written protests against the proposed rate increases. At the close of the public hearing, the City Council may adopt new rates if written protests against the proposed increases are not presented by a majority of identified parcels upon which the proposed rates are to be charged. If adopted, the rates in Exhibit A take effect on July 1, 2025. As noted in more detail below, the rates may also be adjusted for Annual Automatic Adjustments (as defined below) for a five-year period. Residential customers will have their Solid Waste Service charges for the fiscal year (July 1 – June 30) billed on their property tax bill. Commercial customers will have their Solid Waste Service charges billed directly by Burrtec on a monthly basis. Proposed Rate Increases: The request for the proposed rate increase is based upon the City’s existing solid waste franchise agreement with Burrtec Waste Industries, Inc. ("Franchise Agreement"). The rates will apply to customer classes: (1) residential (including multi-family), and (2) commercial (including industrial). The rates in Exhibit A are monthly rates and determined based on the type of service received by a property, the frequency with which such service is received, and the size of the bins or other receptacles serving the property, as set forth in Exhibit A. The Franchise Agreement provides for increases in Solid Waste Service rates due to the increase in (a) disposal fees at San Bernardino County landfills (so-called “tipping fees”), (b) recyclables and organics processing costs, and (c) the annual inflationary increases (as described below). Revenues derived from the solid waste rates are used to cover costs incurred to provide efficient Solid Waste Services, including collection, transportation, recycling, processing and disposal, facilities and equipment maintenance, capital projects and financing, and billing and account management. How will the proposed rate increases affect my refuse bill? By way of example, the current monthly single family residential rate is $36.15 and would increase to $37.63 on July 1, 2025. The current monthly commercial rate for a 3.0 cubic yard bin serviced one time per week is $233.28 and would increase to $239.35. A full breakdown of proposed rates is attached hereto as Exhibit A. Annual Automatic Increases: Because the City anticipates future increases in the cost of providing solid waste services that Burrtec will charge pursuant to the Franchise Agreement, the City is also proposing to automatically increase the rates for solid waste service as follows:
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• CPI Adjustment: The proposed maximum rates for Solid Waste Services in Exhibit A account for inflation, subject to a 6% cap on Maximum Permitted Service Rates. Beginning July 1, 2026, and each July 1 thereafter, through and including July 1, 2029, the then-current Maximum Permitted Service Rates will be adjusted by annual percentage change in the All Urbans Consumer Index (CPI-U), Riverside-San Bernardino-Ontario, CA, as published by the U.S. Department of Labor, Bureau of Statistics. • Tipping Fees: Beginning July 1, 2026, and each July 1 thereafter, through and including July 1, 2029, the then-current Maximum Permitted Service Rates will be annually adjusted for changes in tipping or gate fees charged by the landfill based on the percentage increase in the tipping fees applied to the maximum rates. Processing Fees: For the fiscal year beginning July 1, 2026, and annually thereafter on July 1 through and including July 1, 2029, the then-current Maximum Permitted Service Rates will be annually adjusted for changes in processing fees charged by any material recovery facility or processing facility that receives and processes waste generated in Fontana. In no event shall Solid Waste Services rates as adjusted by the Annual Adjustments exceed the City’s cost of providing Solid Waste Services. To protest the proposed rate increases, you must submit a written protest: Any property owner of a parcel upon which the Solid Waste Services rates are proposed to be imposed, or any customer of record directly liable for payment, may submit a written protest to the proposed rate increases. To oppose the proposed rate increases, you must submit a written protest, even if you plan to attend the public hearing. Your written protest must be actually received (not postmarked) by the Fontana City Clerk prior to the close of the public hearing. Oral, telephonic and e-mail protests will not be accepted. You must sign the protest and include: 1) your name and signature, 2) your street address, and 3) a clear written statement protesting the rate increase. Please identify on the front of the envelope that the enclosed letter is for the “2025 Solid Waste Rate Increase Public Hearing”. You may mail or deliver your written protest in person to: City of Fontana, Office of the City Clerk, 8353 Sierra Avenue, Fontana, CA 92335. Only one written protest will be counted per identified parcel. The City is conducting this Proposition 218 majority protest proceeding out of an abundance of caution and without conceding the applicability of Proposition 218 to Solid Waste Service. If you have any questions regarding this notice, please contact Leslie Graciano at (909) 428-8819. 175
Current Rate 2024 Rates 2025 Rates Current Rate 2024 Rates 2025 Rates Residential Services Commercial - Refuse Equalized
Trash - Barrel 36.15$ 36.15$ 37.63$ Bins
Trash - Sr Service 28.92$ 28.92$ 30.10$ 1 1 118.78$ 118.78$ 124.14$ Recycling - Barrel N/C N/C N/C 1 2 193.85$ 193.85$ 201.50$ Green Waste - Barrel N/C N/C N/C 1 3 258.98$ 258.98$ 267.47$ Extra Trash - Barrel $8.43 $8.43 $8.70 1 4 326.41$ 326.41$ 335.93$ Extra Recycling - Barrel N/C N/C N/C 1 5 390.19$ 390.19$ 400.42$ Extra Green Waste - Barrel N/C N/C N/C 1 6 457.81$ 457.81$ 469.09$ Additional Services 1 7 549.53$ 549.53$ 564.17$ - Locking Barrel (Trash only) $17.65 $17.65 $18.22 1.5 1 147.80$ 147.80$ 153.76$ - Locking Barrel Exchange (first free) $19.25 $19.25 $19.87 1.5 2 253.59$ 253.59$ 261.56$ charge does not apply to graffiti or damaged barrels 1.5 3 350.90$ 350.90$ 360.08$ - Locking Barrel Replacement (Trash) $100.59 $100.59 $103.82 1.5 4 447.10$ 447.10$ 457.38$ Multi Family - Refuse 1.5 5 542.06$ 542.06$ 553.34$ Bins 1.5 6 637.28$ 637.28$ 649.57$
1 1 $117.07 $117.07 $121.57 1.5 7 763.08$ 763.08$ 779.26$ 1 2 $188.93 $188.93 $196.49 2 1 181.56$ 181.56$ 188.05$ 1 3 $248.59 $248.59 $258.80 2 2 324.72$ 324.72$ 334.08$ 1 4 $310.81 $310.81 $323.77 2 3 455.50$ 455.50$ 466.57$ 1 5 $368.92 $368.92 $384.49 2 4 587.41$ 587.41$ 600.31$ 1 6 $431.22 $431.22 $449.52 2 5 743.01$ 743.01$ 759.95$ 1 7 $517.81 $517.81 $539.63 2 6 849.48$ 849.48$ 865.83$

1.5 1 $144.28 $144.28 $150.03 2 7 1,017.13$ 1,017.13$ 1,038.67$

1.5 2 $242.77 $242.77 $252.79 3 1 233.28$ 233.28$ 239.35$

1.5 3 $331.71 $331.71 $345.71 3 2 436.03$ 436.03$ 445.27$

1.5 4 $419.52 $419.52 $437.45 3 3 620.73$ 620.73$ 631.45$

1.5 5 $505.97 $505.97 $527.79 3 4 808.20$ 808.20$ 820.68$

1.5 6 $592.76 $592.76 $618.48 3 5 993.85$ 993.85$ 1,007.92$

1.5 1 124.84$ 124.84$ 136.26$ 0 - 25 Feet 1 24.28$ 24.28$ 25.06$

1.5 2 205.17$ 205.17$ 226.58$ 0 - 25 Feet 2 48.55$ 48.55$ 50.11$

1.5 3 276.49$ 276.49$ 307.59$ 0 - 25 Feet 3 72.82$ 72.82$ 75.16$

1.5 4 346.66$ 346.66$ 387.42$ 0 - 25 Feet 4 97.10$ 97.10$ 100.22$

1.5 5 415.49$ 415.49$ 465.88$ 0 - 25 Feet 5 121.37$ 121.37$ 125.26$

1.5 6 484.61$ 484.61$ 544.64$ 0 - 25 Feet 6 145.65$ 145.65$ 150.32$

1.5 7 586.13$ 586.13$ 656.81$ 0 - 25 Feet 7 169.92$ 169.92$ 175.37$ 2 1 150.05$ 150.05$ 164.73$ 26 - 50 Feet 1 48.55$ 48.55$ 50.11$ Exhibit A
Maximum Solid Waste Rates Effective July 1, 2025
Service Type Service Type
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Current Rate 2024 Rates 2025 Rates Current Rate 2024 Rates 2025 Rates

Administrative Services
SUBJECT:

Introduction and First Reading of Ordinance No. 1971, updating Chapter 24 of the Fontana Municipal Code to include closure hours for the Fontana City Hall Campus RECOMMENDATION:

Introduce and conduct the first reading, by title only, for Ordinance No. 1971, an Ordinance establishing closure hours for the Fontana City Hall Campus.

COUNCIL GOALS:
· Improve public safety by utilizing other city programs to help reduce crime. · Operate in a businesslike manner by creating a memorable customer experience with every interaction.
· Enhance the local environment for future generations and create a healthy economic and environmental future by creating neighborhoods that are attractive, safe and convenient for walkers and bicyclists.

DISCUSSION:

The City of Fontana has begun a revitalization program of the greater downtown Fontana region which includes the Fontana City Hall Campus. Fontana continues to invest in public art installations, public memorial displays, and updated public buildings.

It is imperative that The City maintain the value of these investments to protect the use of public funds.

The City Hall Campus, as well as the greater Downtown Fontana Region, have endured several instances of vandalism and property damage. This damage as cumulatively exceeded 100’s of thousands of dollars that must be repaired at the public’s expense.

In an effort to reduce or eliminate the damage caused to the Fontana City Hall Campus by vandals, staff recommends establishing closure hours for the City Hall Campus.

Attached is an addition to Chapter 25 of the Fontana Municipal Code establishing closure hours of the Fontana City Hall Campus between the hours of 9PM and 6AM Sunday through Saturday.

Exceptions will be made for City sanctioned or hosted events on the City Hall Campus.

This addition to the Fontana Municipal Code will give the Fontana Police Department an additional tool to help reduce vandalism of City Property.

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File #: 25-0328 Agenda Date: 6/24/2025
Agenda #: A. Category: New Business
FISCAL IMPACT:

There is no direct fiscal impact from this item.

MOTION:

Approve staff recommendation of establishing closure hours of the Fontana City Hall Campus.

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ORDINANCE NO. 1971

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FONTANA, CALIFORNIA, ADDING ARTICLE VIII TO CHAPTER 25 OF THE

FONTANA MUNICIPAL CODE, ESTABLISHING REGULATIONS FOR

THE CLOSURE OF GOVERNMENT CENTER GROUNDS DURING
OVERNIGHT HOURS AND ASSOCIATED REQUIREMENTS.

WHEREAS, the City of Fontana, California (“City”) is a general law city, duly organized under the California Constitution and laws of the State of California; and WHEREAS, the City Council of the City of Fontana is vested with the authority pursuant to Article XI, Section 7 of the California Constitution to make and enforce within its limits all local, police, sanitary, and other ordinances and regulations not in conflict with general law; and
WHEREAS, it is necessary to establi sh clear regulations concerning access to City-owned property utilized for governmental functions to ensure public safety; and WHEREAS, the City desires to adopt Article VIII entitled “CLOSURE OF GOVERNMENT CENTER GROUNDS DURING OVERNIGHT HOURS” attached hereto as Exhibit A and incorporated herein by this reference, to regulate the use of City-owned property utilized for governmental functions during overnight hours for the purpose of ensuring public safety.

THE CITY COUNCIL OF THE CITY OF FONTANA DOES ORDAIN AS
FOLLOWS:

Section 1. Recitals. The above recitals are true and correct and are incorporated herein by this reference.

Section 2. Adoption. Article VIII titled CLOSURE OF GOVERNMENT CENTER GROUNDS DURING OVERNIGHT HOURS," the full text of which is attached hereto as Exhibit A and incorporated herein by this reference, is hereby added to Chapter 25 of the Fontana Municipal Code.

Section 3. Severability. If any section, sub section, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portion of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or p hrase be declared unconstitutional. If for any reason any portion of this ordinance is found to be invalid by a court of competent jurisdiction, the balance of this ordinance shall not be affected.

Section 4. Custodian of Records. The documents and materials that constitute the record of proceedings on which this Ordinance is based are located at the City Clerk’s 180
Ordinance No. 1971

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office located at 8353 Sierra Avenue, Fontana, CA 92335. The custodian of these records is the City Clerk.

Section 5. Effective Date . This Ordinance shall be effective thirty days (30) following its adoption.

Section 6. Publication. The City Clerk shall certify to the adoption of this Ordinance. Not later than fifteen (15) days following the passage of this Ordinance, the Ordinance, or a summary thereof, along with the names of the City Council members voting for and against the Ordinance, shall be published in a newspaper of general circulation in the City of Fontana.

APPROVED AND ADOPTED this 8th day of July 2025.

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 adopted by the City Council and was introduced at a regular meeting on the 24th day of June 2025, and was finally passed and adopted not less than five days thereafter on the 8th day of July 2025, 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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CHAPTER 25 ARTICLE VIII - CLOSURE OF GOVERNMENT CENTER GROUNDS DURING OVERNIGHT HOURS

Sec. 25-258 - Closure of Government Center Grounds During Overnight Hours.

A. The Fontana Government Center Grounds shall be closed to public access between the hours of 9:00 PM and 6:00 AM daily. No person or vehicle may be present in or on Government Center Grounds during these designated hours except as specified in Subparagraph (B). It shall be unlawful for any person to access or utilize Government Center Grounds in violation of this section. Any such access or utilization is considered a trespass. Any vehicle found in violation of this section is subject to citation or towing at the owner' s expense.

B. Exceptions.

1. Notwithstanding the provisions in Subparagraph (A), Government City Grounds shall remain open to the public for a period of 30 minutes following the conclusion of any City-authorized event or any public meeting of the City Council or any City board or commission held within Government Center Grounds that ends after 9:00 p.m.

2. Limitations on access to and use of property established by this section shall not apply to any person possessing a private right to enter upon and use the property, any City personnel or City contractor authorized to enter upon the property in the course of their duties, or any other person who has otherwise been duly authorized by the City in writing to enter upon or use the property.

C. For purposes of this section, "Government Center Grounds" shall mean and include all buildings, parking stalls, driveways, walkways, and landscaped areas situated within the geographical boundaries defined as follows: bounded on the North by Upland Avenue; on the East by Emerald Avenue and Miller Park inclusive; on the West by Sierra Avenue; and on the South by Arrow Boulevard including Wheeler Avenue, Seville Avenue., and Lerner Lane.

Sec. 25-259 – Signage Requirements.

A. Signs displaying the following notice shall be at least one inch in height and conspicuously posted at every vehicular and pedestrian entrance to the Government Center Grounds:
" NOTICE: The Government Center grounds are closed to the public between the hours of 9: 00 p.m. and 6:00 a.m., daily.”
B. The notice required by this section shall be subject to Section 30-768 of this code.

C. No person shall be deemed guilty of a violation of this article unless proper signage, as required by this section, has been posted.

Sec. 25.260 - Violations.

Violations of this article shall be punishable in the manner prescribed in Chapter 1 of this code and by any other means permitted under law. All remedies prescribed by this article are cumulative, and the use of one or more remedies does not preclude the use of any other remedy for the purpose of enforcing the provisions of this article.
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Fontana City CouncilJune 24, 2025

Fontana City Council
June 24, 2025