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AGENDA PACKET
City of Pleasanton
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3/4/2025 12:48:16 PM
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3/4/2025 12:47:58 PM
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CITY CLERK
CITY CLERK - TYPE
AGENDA REPORT
DOCUMENT DATE
3/4/2025
DESTRUCT DATE
15Y
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ATTACHMENT 1 <br />1 <br />ORDINANCE NO. _____ <br />AN ORDINANCE OF THE CITY OF PLEASANTON ADDING SECTION 1.04.120 <br />TO CHAPTER 1.04 OF THE PLEASANTON MUNICIPAL CODE <br />ESTABLISHING AN ADMINISTRATIVE REMEDIES PROCEDURE FOR <br />CHALLENGES TO FEES, CHARGES, AND ASSESSMENTS <br />THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS <br />FOLLOWS: <br />Section 1. Chapter 1.04 of Title 1 of the Pleasanton Municipal Code is hereby amended <br />to add a new section 1.04.120 to read as follows: <br />1.04.120 Exhaustion of administrative remedies for challenges to fees, <br />charges, and assessments on real property. <br />A. Scope. The duty to exhaust administrative remedies imposed by this section <br />extends to: <br />1. any fee or charge subject to articles XIII C or XIII D of the California Constitution, <br />2. any assessment on real property levied by the City, and <br />3. the methodology used to develop and levy such a fee, charge, or assessment. <br />B. “Hearing” as used in this section means the hearing referenced in paragraph 4 of <br />subsection D of this section. <br />C. Duty to Exhaust Issues. No person may bring a judicial action or proceeding alleging <br />noncompliance with the California Constitution or other applicable law for any new, increased, or <br />extended fee, charge, or assessment levied by the City, unless that person submitted to the City <br />Clerk a timely, written objection to that fee, charge, or assessment specifying the grounds for <br />alleging noncompliance. The issues raised in any such action or proceeding shall be limited to <br />those raised in such an objection unless a court finds the issue could not have been raised in <br />such an objection by those exercising reasonable diligence. <br />D. Procedures. The City shall: <br />1. Make available to the public any proposed fee, charge, or assessment to which <br />this section is to apply no less than 45 days before the deadline for a ratepayer or assessed <br />property owner to submit an objection pursuant to paragraph 4 of this subsection D. <br />2. Post on its internet website a written basis for the fee, charge, or assessment, such <br />as a cost of service analysis or an engineer’s report, and include a link to the internet website in <br />the written notice of the Hearing, including, but not limited to, a notice pursuant to subdivision (c) <br />of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII D of the California <br />Constitution. <br />3. Mail the written basis described in paragraph 2 of this subsection D to a ratepayer <br />or property owner on request. <br />Page 7 of 56
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