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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF REDLANDS ADOPTING AN
ADMINISTRATIVE REMEDIES PROCEDURE FOR CHALLENGES TO FEES, CHARGES,
AND ASSESSMENTS
THE CITY COUNCIL OF THE CITY OF REDLANDS DOES ORDAIN AS FOLLOWS:
Section 1. AUTHORITY. This Ordinance is authorized by the City's authority under
California Constitution, article XI, sections 7 (police power) and 9 (utility power) as well as
Government Code section 53759.1.
Section 2. CODE AMENDMENT. Chapter 3.04 ("Fiscal Procedures") of Title 3
("Revenue and Finance") of the Redlands Municipal Code is hereby amended to modify the table
of contents and to add a new section 3.04.080 to read as follows:
"SECTION:
3.04.010: Contract Signing And Attestation
3.04.020: Bond Requirement Authority
3.04.030: Payments To The City
3.04.040: Unpaid Negotiable Instruments
3.04.050: Handling Charge
3.04.060: Nonnegotiable Instruments
3.04.070: Collection Charge
3.04.080: Exhaustion of Administrative Remedies for Challenges to Fees, Charges and Assessments
on Real Property"
113.04.080: 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:
a. any fee or charge subject to articles XIII C or XIII D of the California
Constitution,
b. any assessment on real property levied by the City, and
c. 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.
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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,
charge, or assessment that specifies the grounds for alleging noncompliance. Any objection shall
be submitted before the end of the public comment portion of a Hearing on the rate, charge or
assessment.
(5) Include in a written notice of the Hearing, a statement in bold-faced type of 12 points
or larger that:
(A) All written objections must be submitted to the City Clerk by the end of public
comment period at the Hearing and 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.
(B) All substantive and procedural requirements for submitting an objection to the
proposed fee, charge, or assessment such as those specified for a property -related fee under
California Constitution, article XIII D, section 6(a) or for an assessment on real property under
California Constitution, article XIII D, section 4(e).
E. Council Consideration; City Responses. Before or during the Hearing, the City
Council shall consider and the City shall respond in writing to, any timely written objections.
The City Council may adjourn the Hearing to another date if necessary to respond to comments
received after the agenda is posted for the meeting at which the Hearing occurs. The City's
responses shall explain the substantive basis for retaining or altering the proposed fee, charge, or
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assessment in response to written objections, including any reasons to reject requested
amendments.
F. City Council Determinations. The City Council, in exercising its legislative discretion,
shall determine whether:
(1) The written objections and the City's response warrant clarifications to the proposed
fee, charge, or assessment.
(2) To reduce the proposed fee, charge or assessment.
(3) To further review the proposed fee, charge, or assessment before determining whether
clarification or reduction is needed.
(4) To proceed with the Hearing, to continue it, or to abandon the proposal."
Section 3. The City Council finds that adoption of this Ordinance is exempt from CEQA
because: (i) it is not a project within the meaning of Public Resources Code, section 21065
because it has no potential to alter the physical environment; (ii) and pursuant to CEQA
Guidelines section 15061(b)(3), the so-called "common sense" exemption, for this same reason.
Section 4. If any section, sentence, clause or phrase of this ordinance or the
application thereof to any entity, person or circumstance is held for any reason to be invalid or
unconstitutional, such invalidity or unconstitutionality shall not affect other provisions or
applications of this ordinance which can be given effect without the invalid provisions or
application, and to this end the provisions of this ordinance are severable. The City Council of
the City of Redlands hereby declares that it would have adopted this ordinance and each
section, sentence, clause or phrase thereof, irrespective of the fact that any one or more
section, subsections, sentences, clauses or phrases be declared invalid or unconstitutional.
Section 5. The Mayor shall sign this ordinance and the City Clerk shall certify to the
adoption of this ordinance and shall cause it, or a summary of it, to be published once in a
newspaper of general circulation within the City, and thereafter, this ordinance shall take effect as
provided by law. 4
Mario Saucedo, Mayor
ATTEST:
Oa ie Donaldson, City Clerk
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I, Jeanne Donaldson, City Clerk, City of Redlands, hereby certify that the foregoing Ordinance
was duly adopted by the City Council at the regular meeting thereof, held on the 4t" day of
February 2025, by the following vote:
AYES: Councilmeinbers Barich, Tejeda, Davis, Shaw; Mayor Saucedo
NOES:
ABSENT:
ABSTAIN:
Je Donaldson City Clerk
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