Regular Meeting
12/16/24 06:00 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 5833
COUNCIL ORDINANCE
AGENDA MATTER:
INTRODUCTION OF ORDINANCE ADDING SECTION 1.01.240 TO CHAPTER 1.01 OF TITLE 1 OF
THE BARSTOW CITY CODE ESTABLISHING ADMINISTRATIVE REMEDIES PROCEDURE FOR
CHALLENGES TO FEES, CHARGES, AND ASSESSMENTS
EXECUTIVE SUMMARY:
Staff recommends the City Council of the City of Barstow introduce an ordinance adding Section 1.01.240 to Chapter 1.01 of Title 1 of the Barstow City Code establishing an administrative remedies procedure for challenges to fees, charges, and assessments.
DISCUSSION:
Background:
Assembly Bill 2257 (2024) (adding Government Code sections 53759.1 and 53759.2) provides the City with a new tool to defend against challenges to fees, charges, and assessments adopted under Prop. 218 (Cal. Const., Art. XIII D). If the City follows certain procedures, a ratepayer who fails to submit a written objection before the close of the Prop. 218 protest hearing will be barred from challenging the fee, charge, or assessment later on.
The California Constitution grants the City additional authority to enforce any local, police, sanitary, or other ordinance not in conflict with general laws, and to establish and operate public works upon conditions and under regulations that the City may prescribe. (Cal. Const., Art. XI, §§ 7, 9.) Based on this authority, the ordinance also requires objections be timely submitted to challenge fees or charges adopted under Article XIII C of the California Constitution, any assessment on real property, or the methodology used to develop any fee, charge, or assessment.
The proposed ordinance requires anyone who wants to file a lawsuit challenging a City fee or assessment subject to Proposition 218 to file their detailed objections, in writing, before the end of the public hearing.
Ordinance:
This ordinance establishes the process the City must follow to limit challenges as described above. The City must:
1. Make the proposed fee, charge, or assessment publicly available at least 45 days before the deadline for submitting written objections;
2. Post a written basis for the proposed fee, charge, or assessment on the City’s website and include a link to that website on public hearing notices sent to ratepayers or property owners;
3. Mail the written basis for the proposed fee, charge, or assessment to ratepayers or property owners upon request;
4. Provide at least 45 days for ratepayers or property owners to submit written objections to the fee, charge, or assessment;
5. Respond in writing to any timely submitted objections with an explanation for keeping or changing the proposed fee, charge, or assessment;
6. Present any timely submitted objections and responses thereto to the City Council for its Regular Meeting
12/16/24 06:00 PM
City Manager Department
Matthew Summers
Ordinance
Doc ID: 5833
COUNCIL ORDINANCE
consideration, either before or during the public hearing on the proposed fee, charge, or assessment;
7. Include on its public hearing notices a statement in bold-faced type of 12 points or larger:
a. That all written objections must be submitted to the City Clerk by the end of public comment period at the hearing, that a failure to timely object in writing bars any right to challenge that fee, charge, or assessment in court, and that any such action will be limited to issues identified in such objections; and
b. All substantive and procedural requirements for submitting an objection to the proposed fee, charge, or assessment.
ENVIRONMENTAL REVIEW:
The adoption of this Ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines sections 21065 and 15061(b)(3) as the establishment of an administrative remedies procedure will not result in a reasonably foreseeable direct or indirect physical change in the environment.
FISCAL IMPACT:
The development of the proposed ordinance is within the existing budget for staff’s duties. The adoption and implementation of the proposed ordinance will have an uncertain, but expected to be positive, fiscal impact as it increases the defensibility of the City’s sewer rates and other fees and assessments subject to Proposition 218, such as Landscape and Lighting Act fees.
RECOMMENDED ACTION:
It is recommended by staff that the City Council introduce and waive first reading of this Ordinance adding section 1.01.240 to Chapter 1.01 of Title 1 of the Barstow City Code establishing an administrative remedies procedure for challenges to fees, charges, and assessments.
Attachments:
1. Exhibit A: Ordinance No. ____-2024 to Establish Administrative Remedies Procedure to Challenges to Fees, Charges, and Assessments