CITY COUNCIL AGENDA PACKET - Laserfiche WebLink

ORDINANCE NO. 2292 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PLEASANTON ADDING SECTION 1.04.120 TO CHAPTER 1.04 OF THE PLEASANTON MUNICIPAL CODE ESTABLISHING AN ADMINISTRATIVE REMEDIES PROCEDURE FOR CHALLENGES TO FEES, CHARGES, AND ASSESSMENTS THE CITY COUNCIL OF THE CITY OF PLEASANTON DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 1.04 of Title 1 of the Pleasanton Municipal Code is hereby amended to add a new section 1.04.120 to read as follows: 1.04.120 Exhaustion of administrative remedies for challenges to fees, charges, and assessments on real property. A. Scope. The duty to exhaust administrative remedies imposed by this section extends to: 1. any fee or charge subject to articles XIII C or XIII D of the California Constitution, 2. any assessment on real property levied by the City, and 3. the methodology used to develop and levy such a fee, charge, or assessment. B. “Hearing” as used in this section means the hearing referenced in paragraph 4 of subsection D of this section. C. Duty to Exhaust Issues. No person may bring a judicial action or proceeding alleging noncompliance with the California Constitution or other applicable law for any new, increased, or extended fee, charge, or assessment levied by the City, unless that person submitted to the City Clerk a timely, written objection to that fee, charge, or assessment specifying the grounds for alleging noncompliance. The issues raised in any such action or proceeding shall be limited to those raised in such an objection unless a court finds the issue could not have been raised in such an objection by those exercising reasonable diligence. D. Procedures. The City shall: 1. Make available to the public any proposed fee, charge, or assessment to which this section is to apply no less than 45 days before the deadline for a ratepayer or assessed property owner to submit an objection pursuant to paragraph 4 of this subsection D. 2. Post on its internet website a written basis for the fee, charge, or assessment, such as a cost of service analysis or an engineer’s report, and include a link to the internet website in the written notice of the Hearing, including, but not limited to, a notice pursuant to subdivision (c) of Section 4 or paragraph (1) of subdivision (a) of Section 6 of Article XIII D of the California Constitution. 3. Mail the written basis described in paragraph 2 of this subsection D to a ratepayer or property owner on request. 4. Provide at least 45 days for a ratepayer or assessed property owner to review the proposed fee or assessment and to timely submit to the City Clerk a written objection to that fee, Page 6 of 348