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File Number: 18-388 <br />non-refundable $534 filing fee to the City Clerk. <br />In 2016, ClearSource Financial Consulting conducted a cost of service analysis and fee study for <br />the Community Development Department that examined the time and staffing costs involved with <br />processing different types of applications. The study’s goal was to simplify and facilitate an <br />accurate application of fees. The study recommended a number of changes to the Department’s <br />fees, which were reduced or increased accordingly. The appeal deposit was recommended to be <br />increased from $2,000 to $5,000 in order to more accurately reflect the average cost of <br />processing an appeal. The study’s recommendation was influenced by a number of prior appeals <br />that required substantial staff time to process. The City Council adopted this update in the FY <br />17-18 Master Fee Schedule on May 1, 2017. <br />Appeal fees are identified within the City’s Master Fee Schedule, which is reviewed and <br />approved by the City Council annually as part of the budget process and codified in Section <br />6.4.110 of the City’s Administrative Code. The current Master Fee Schedule for FY 2018-19 was <br />considered and approved by the City Council on May 7, 2018. Adjustments to the fee schedule <br />may be made by resolution at other times during the fiscal year. The recommended adjustment <br />herein is prospective, and not retroactive, as drafted. Fees are adjusted annually based on the <br />applicable Consumer Price Index. <br />Proposed Adjustment to the Fee Schedule <br />The attached Resolution would establish the following appeal fees in the Master Fee Schedule <br />(excluding a separate 6% non-refundable technology fee and a $534 City Clerk’s filing fee for <br />those items heard by the City Council): <br />Appeal to Official/Commission Other than City Council : <br />If appellant is applicant: Direct Costs, $2,500 deposit <br />If appellant is not applicant: $500 fixed fee <br /> <br />Appeal to City Council (Add’l City Clerk Filing Fees Apply): <br />If appellant is applicant: Direct Costs, $2,500 deposit <br />If appellant is not applicant: $500 fixed fee <br />Analysis <br />Current City policy is to attempt cost recovery for discretionary planning applications (those <br />requiring a public hearing). Establishing a reasonable and proportionate appeal fee is <br />challenging since the cost of processing appeals varies widely. Appeals generally require a <br />significant amount of staff time to process, and other costs, such as legal costs, are not <br />reimbursed. <br /> <br />Staff recommended to the City Council Rules Committee that, should a fixed fee be proposed, <br />the amount should be adequate enough to discourage frivolous appeals, but pointed out that any <br />deviation from a deposit-based method would require the City to assume the remaining cost of <br />Page 2 City of San Leandro Printed on 8/28/2018 <br />238