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HomeMy WebLinkAbout2002-09-10; City Council; 16878; Procedure for Refund of Appeals FeesCITY OF CARLSBAD -AGENDA BILL 14’ 4B# 16,878 m: . PROCEDURES FOR REFUND OF APPEALS FEES COUNCIL. DEPT. HD. UTG. 9-10-02 cm MGR.a IEPr. CA CITY ATTY.e WHEN APPEALS ARE DETERMINED BY THE CITY It is recommended that the Council adopt revised Council Policy Statement No. 54, specifying the procedure for refund of appeals fees. (Adopt Resolution NO. 2002-267) ITEM EXPLANATION: At its special meeting of Wednesday, August 21, 2002, the City Council directed the City Attorney to return at a regular meeting with proposed revisions to City Council Policy Statement No. 54, addressing the procedure for a refund of appeals fees when appeals are acted on by the City Council. The revised policy is offered for Council’s consideration. The revised policy would change the manner in which appeals fees are handled. It would provide: That if the appeal is granted, appeals fees are refunded. If an appeal is denied, but significant relief is granted, one-half of the appeal The Council must specify the grounds upon which significant relief was granted. fee shall be refunded. FISCAL IMPACT: There will be a minor, but undetermined fiscal impact as a result of the adoption of the revised Council Policy Statement depending on the number of appeals in which significant relief is granted as determined by the City Council. There have been a relatively low number of appeals filed each calendar year. EXHIBITS: 1. Resolution No. 2002-267 2. Proposed Policy No. 54 3. Red-lined Policy No. 54 1 2 3 4 5 6 7 0 9 10 11 12 13 14 15 16 17 10 19 20 21 22 23 24 25 26 27 20 RESOLUTION NO. 2002-267 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING COUNCIL POLICY STATEMENT NO. 54 REGARDING APPEALS FEES WHEREAS, the City Council of the City of Carlsbad has determined to amend the policy of appeals fees specifying the procedure for refund of appeals fees as determined by the City Council. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad, California, as follows: 1. That the above recitation is true and correct. 2. That Council Policy Statement No. 54 "Procedures for Refund of Appeals Fees When Appeals are Determined By the City Council" is amended as follows: "That if the appeal is granted, appeals fees are refunded. If an appeal is denied, but significant relief is granted, one-half The Council must specify the grounds upon which significant of the appeal fee shall be refunded. relief was granted." PASSED, APPROVED AND ADOPTED at a regular meeting of the City Council of the City of Carlsbad held on the 10th day of SEPTEMBER , 2002 by the following vote, to wit: AYES: Council Members Lewis, Kulchin, Finnila, Hall NOES: None ABSENT: Council Me CITY OF CARLSBAD Policy No. 54 Effective Date 9 / 10 / 0 2 Supersedes No. COUNCIL POLICY STATEMENT DateIssued 9/10/02 3eneral Subject: REFUND OF FEES Cancellation Date Specific Subject: PROCEDURES FOR REFUND OF APPEAL FEES WHEN APPEALS ARE DETERMINED BY THE CITY COUNCIL C'opies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To provide a process for refunding an appeal fee when the appeal is granted by City Council. POLICY 4n appeal fee shall be refunded to any party whose appeal has been granted. If the appeal has been denied, but significant relief has been granted as a result of the appeal, the appellant shall be refunded one-half of the appeal fees. The Council shall specify the basis on which significant relief was granted. PROCEDURE: The City Clerk's Office shall process a Request for Refund form to refund an appeal fee after Council grants an 3ppeal. The form shall be processed according to procedures established by the Finance Department. Once the Request for Refund form has been properly processed, the Finance Department shall be responsible for making the refund payment to the party who paid the fee. CITY OF CARLSBAD Policy No. 54 Effective Date Supersedes No. COUNCIL POLICY STATEMENT Date Issued General Subject: REFUND OF FEES Cancellation Date - Specific Subject: PROCEDURES FOR REFUND OF APPEAL FEES WHEN APPEALS ARE GW&TE4+ DETERMINED BY= CITY COUNCIL Copies to: City Council, City Manager, City Attorney, Department and Division Heads, Employee Bulletin Boards, Press, File PURPOSE: To provide a process for refunding an appeal fee when the appeal is granted by City Council POLICY An appeal fee shall be refunded to any party whose appeal has been granted. If the apoeal has been denied. but -significant relief has been granted as a result of the appeal, the appellant shall be refunded one-half of the appeal fees. The Council shall specifv the basis on which significant relief was .. 7. .ranted. PROCEDURE: The City Clerk's Office shall process a Request for Refund form to refund an appeal fee after Council grants an appeal. The form shall be processed according to procedures established by the Finance Department. Once the Request for Refund form has been properly processed, the Finance Department shall be responsible for making the refund payment to the party who paid the fee.