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Home My WebLink About10/06/2009, B7 - TREE APPEAL FEE WAIVER REQUEST council MQ JO 6 0 j acEnaa izEpont 1�N.� � CITY O F SAN LUIS O B I S P O FROM: Jonathan Lowell, City Attorney �. Prepared By: Christine Dietrick, Asst. City Attorney, SUBJECT: Tree Appeal Fee Waiver Request RECOMMENDATION Approve a fee waiver for the appeal of the Tree Committee's approval of a tree removal application for 546 Higuera, space number 21, and direct staff to draft a City appeal fee waiver policy for use in evaluating future fee waiver requests. DISCUSSION On August 24; 2009, the Tree Committee approved an application by the property owner to remove a tree located at 546 Higuera Street, space #21. On September 3, 2009, Craig Steffens submitted a timely appeal to the City Clerk, but requested waiver of the appeal fee based on his inability to pay (Attachment 1). Staff review of City ordinances and resolutions disclosed no established policy or criteria by which to evaluate fee waiver requests. Thus, staff is providing Council with information relating to the criteria employed by other agencies in making fee waiver determinations and requesting that Council evaluate the present request using those criteria as a guide. In order to avoid the need for a Council hearing on every fee waiver request, staff is also requesting Council direction to draft a fee waiver policy, which will govern future requests. Due process principles dictate that an individual should not be denied access to an appeals process based solely on indigency or inability to pay appeal fees. Thus, the City must consider requests for fee waivers based on an objective evaluation of an appellant's ability to pay. Staff reviewed several policies for evaluating fee waiver requests and has provided two very straight forward policies, one from the City of Elk Grove and one used by the state courts, which set forth objective criteria on which to consider a fee waiver request (attachments 2 and 3). Both policies allow for waivers of appeal fees based on documentation of income below specified thresholds or the applicant's status as a recipient of certain forms of public assistance, including Supplemental Security Income (SSI). The appellant here has provided both documentation that he receives SSI and a declaration under penalty of perjury (Attachment 4) that the amount of that assistance, $642.50 per month, is his sole source of income. Thus, the appellant has demonstrated financial need for the fee waiver requested under any reasonable standard. The only remaining issue for Council to consider is whether it wishes to limit fee waivers to "real parties in interest," as the attached City of Elk Grove policy does. A real party in interest in this context would be an affected property owner or a party to the original application. Appellant is neither. Nonetheless, staff has recommended � 7 ' I Tree Appeal Fee Waiver Request Page 2 approval of the fee waiver request in this instance because the City allows third parties to appeal tree removal decisions and the City does not have an existing policy limiting fee waivers to real parties. There is no legal barrier to Council denying the fee waiver request based upon the appellant's lack of a real interest in the action. Whether or not Council chooses to impose that requirement in the instant matter, staff would like Council feedback as to whether Council would like to see such a requirement incorporated into the City's general fee waiver policy.. FISCAL IMPACT The fiscal impact on the City of a decision to waive the appeal fee would be $100. ALTERNATIVES Council could deny the fee waiver request because the appellant is not a real party in interest. ATTACHMENT 1. Appeal 2. Judicial Council fee waiver request form 3. Resolution of the City of City of Elk Grove 4. Declaration and income documentation of Craig Steffens G:\Agenda-Ordinances-Resol\Appeals\Tree appea1.2009.9.24.dot B �- - � Filing Fee•. . = TTACHMENT 1, t ` ,1Vk0V 0,Do Paid Date Received (' TG ��S°llY (( NIA RECEIVED t / f *REFER TO SECTION 4 SEP 0 3 2009 M&IsantUIS OBISPO lqlnr APPEAL TO THE CITY COUNCIL SECTION 1. APPELLANT INFORMATION c RAa 571�FrRl5 �vf� �5� i ¢ � Name -4 Mailing Address and Zip Code 1 _ 0 Phone Fax Representative's Name Mailing Address and Zip Code �C�Mfr�CvAf Title Phone Fax SECTION 2 SUBJECT OFAPPEAL 1. In accordance with the procedures set forth in Title 1, Chapter 1.20 of the San Luis Obispo Municipal Code (copy attached), I hereby appeal the decision of the: -TRF,f," - R&WL114L4 J (Name of Officer, Committee or Commission decision being appealed) 2. The date the decision being appealed was rendered: 3. The application or project was entitled: 4. I discs^ d th matter with the following City staff member: � ��' (Staff Member's Name and Department) on (Date) 5. Hag tis matter been the subject of a previous appeal? If so, when was it heard and by whom: SECTION 3.. REASON FOR APPEAL Explain specifically what actioNs you are appealing and why you believe the Council should consider your appeal. Include what evidence you have that supports your appeal. You may attach additional pages, if necessary. This form continues on the other side. Page 1 of 3 ATTACHMENT S Reason for Appeal continued lie =J !f� UA i-mi-ti—Y AR(i y> u G , SECTION 4. APPELLANTS RESPONSIBILITy The San Luis Obispo City Council values public participation in local government and encourages all forms of citizen involvement. However, due to real costs associated with City Council consideration of an appeal, including public notification, all appeals pertaining to a planning application or project are subject to a filing fee of$250, which must accompany the appeal form. Your right to exercise an appeal comes with certain responsibilities. If you file an appeal, please understand that it must be heard within 45 days from filing this form. You will be notified in writing of the exact date your appeal will be heard before the Council. You or your re} resentative will be exoected to attend the public hearing, and to be prepared to make your case. Your testimony is limited to 10 minutes. A continuance may be granted under certain and unusual circumstances. If you feel you need to request a continuance, you must submit your request in writing to the City Clerk. Please be advised that if your request for continuance is received after the appeal is noticed to the public, the Council may not be able to grant the request for continuance. Submitting a request for continuance does not guarantee that it will be granted;that action is at the discretion of the City Council. I hereby agree to appear and/or send a representative to appear on my behalf when said appeal is scheduled for a public,hearing before the City Council. (Signature of Appellant) (Date) Exceptions to the fee: 1)Appeals of Tree Committee decisions are$100. 2)The above-named appellant has already paid the City$250 to appeal this same matter to a City official or Council advisory body. This item is hereby calendared for C, City Attorney City Administrative Officer Department Head Advisory Body Chairperson City Clerk(original) Page 2 of 3 sros Lf B � ATTACHMENT c�- 1 1 Request to Waive Court Fees CONFIDENTIAL If you are getting public benefits,are a low-income person,or do not have enough Clerk stamps date here when form is riled. income to pay for household's basic needs and your court fees,you may use this form to ask the court to waive all or part of your court fees.The court may order you to answer questions about your finances. If the court waives the fees,you may still have to pay later if: • You cannot give the court proof of your eligibility, • Your financial situation improves during this case,or Fill in court name and street address: • You settle your civil case for$10,000 or more.The trial court that waives your fees will have a lien on any such settlement in the amount of the waived fees and costs. The court may also charge you any collection costs. (D Your Information (person asking the court to waive the fees): Name: Street or mailing address: Fill in case number and name: City: State: Zip: Case Number. Phone number: OYour Job,if you have one(job title): case Name: Name of employer: Employer's address: O3 Your lawyer, if you have one(name,firm or affiliation, address,phone number, and State Bar number): a. The lawyer has agreed to advance all or a portion of your fees or costs (check one): Yes❑ No ❑ b. (If yes,your lawyer must sign here) Lawyer's signature: If your lawyer is not providing legal-aid type services based on your low income,you may have to go to a hearing to explain why you are asking the court to waive the fees. 4O What court's fees or costs are you asking to be waived? Z Superior Court(See Information Sheet on Waiver of Superior Court Fees and Costs(form FW-001-INFO).) ❑ Supreme Court,Court of Appeal,or Appellate Division of Superior Court(See Information Sheet on Waiver of Appellate Court Fees and Costs(form APP-015/FW-015-INFO).) OWhy are you asking the court to waive your court fees? a. ❑ I receive(check all that apply): ❑Medi-Cal ❑Food Stamps ❑SSI ❑SSP ❑County Relief/General Assistance ❑ IHSS (In-Home Supportive Services) ❑CaIWORKS or Tribal TANF(Tribal Temporary Assistance for Needy Families) ❑ CAPI(Cash Assistance Program for Aged,Blind and Disabled) b. ❑ My gross monthly household income(before deductions for taxes)is less than the amount listed below. (If you check 5b you must fill out 7, 8 and 9 on page 1 of this form) Family Size Family Income Family Size I Family Income-J Family Size I Family Income Ifmore than 6 people 1 $1,128.13 3 $1,907.30 5 $2,686.46 at home,add$389.59 2 $1,517.71 4 $2,296.88 6 $3,076.05 for each extra person. c. ❑ I do not have enough income to pay for my household's basic needs and the court fees. I ask the court to (check one): ❑ waive all court fees ❑ waive some of the court fees ❑ let me make payments over time (Explain): (If you check 5c,you must fill out page 1) O ❑ Check here if you asked the court to waive your court fees for this case in the last six months. (If your previous request is reasonably available,please attach it to this form and check here: ❑ ) I declare under penalty of perjury under the laws of the State of California that the information I have provided on this form and all attachments is true and correct. Date: Print your name here Sign here JudiciRevised CouJuly 2,ofC.Mania,wwworrin ro.ca.pov Request to Waive Court Fees FW-001,Page 1 of 2 Revised July 2,2009,Mandatory Forrn � M Government Code,§68633 Cal.Rules of Court.rules 3.51,8.26,and 8.818 `' 1_� 'ATTACHMENT Case Number: Your name: If you checked 5a on page 1, do not fill out below. If you checked 5b,fill out questions 7, 8, and 9 only. If you checked 5c, you must fill out this entire page. If you need more space, attach form MC-025 or attach a sheet of paper and write Financial Information and your name and case number at the top. O ❑ Check here if your income changes a lot from month to month. Your Money and Property Fill out below based on your average income for the past 12 a.Cash ----- $ months. b.All financial accounts(List bank name and amount): Your Monthly Income (1) $ a.Gross monthly income(before deductions): $ (2) $ List each payroll deduction and amount below: (1) $ (3) $ (2) $ (4) $ (3) $ C.Cars,boats,and other vehicles (4) $ Make/Year Fair Market How Much You Value Still Owe b.Total deductions(add Be(1)-(4)above): $ (1) $ $ C. Total monthly take-home pay(8a minus 8b): $ (2) $ $ d.List the source and amount of env other income you get each (3) $ $ month,including:spousal/child support,retirement,social security,disability,unemployment,military basic allowance for d.Real estate Fair Market How Much You quarters(BAQ),veterans payments,dividends,interest,trust Address Value Still Owe income,annuities,net business or rental income, (1) $ $ reimbursement for job-related expenses,gambling or lottery winnings,etc. (2) $ $ (1) $ (3) $ $ (2) $ e.Other personal property(jewelry,furniture,furs, (3) $ stocks,bonds,etc.): Fair Market How Much You (4) $ Describe Value Still Owe (1) e.Your total monthly income is(8c plus 8d): $ $ $ (2) $ $ OHousehold Income (3) $ $ a.List all other persons living in your home and their income; Your Monthly Expenses include only your spouse and all individuals who depend in (Do not include payroll deductions you already listed in 8b.) whole or in part on you for support,or on whom you depend in whole or in part for support. a. Rentor house payment 8 maintenance $ Gross Monthly b. Food and household supplies $ Name Age Relationship Income C. Utilities and telephone $ (1) $ d. Clothing $ (2) $ e. Laundry and cleaning $ (3) $ f. Medical and dental expenses $ (a) $ g. Insurance(life,health,accident,etc.) $ h. School,child care $ b.Total monthly Income of persons above: $ i. Child,spousal support(another marriage) $ j. Transportation,gas,auto repair and insurance$ Total monthly income and k. Installment payments(list each below): household income(8e plus 9b): $ Paid to: (1) $ To list any other facts you want the court to know, such as (2) $ unusual medical expenses, family emergencies, etc.,attach (3) $ form MC-025. Or attach a sheet of paper,and write I. Wages/eamings withheld by court order $ Financial Information and your name and case number at M. Any other monthly expenses(list each below): the top. Check here if you attach another page. ❑ Paid to: How Much? (1) $ Important! If your financial situation or ability to pay (2) $ court fees improves,you must notify the court within (3) $ five days on form FW-010. Total monthly expenses (add 11 a—1lm above): $ Request to Waive Court Fees FW-001,Page 2/of 2 B7 b ATTACHMENT 3 RESOLUTION NO. 2008- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ELK GROVE REPEALING AND REPLACING FEES FOR ADMINISTRATIVE APPEAL HEARINGS IN THE CITY OF ELK GROVE WHEREAS, on November 3, 2004, the City Council of the City of Elk Grove duly adopted Ordinance 31-2004, establishing an administrative appeal procedure, codified in Chapter 1.11 of the Elk Grove Municipal Code; WHEREAS, the City Council also adopted Resolution No. 2005-18 establishing procedures for, and a $1,000 fee to recover the costs of, conducting such administrative appeal hearings; WHEREAS, the City Council revised the administrative appeal procedures by Ordinance adopted 2008, amending Chapter 1.11 of the Elk Grove Municipal Code; and WHEREAS, by this Resolution, the City of Elk Grove wishes to revise the fees for conducting administrative appeal hearings in the City of Elk Grove by repealing the previously adopted resolution and replacing it with the provisions set forth herein. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Elk Grove, that the procedures and fees set forth in Resolution 2005-118 are hereby repealed and replaced with the following: Section 1. Purpose. Hearings before an Appeals Hearing Officer will be conducted in accordance with Chapter 1.11 of Title 1 of the Elk Grove Municipal Code and this Resolution; except as otherwise provided by the Elk Grove Municipal Code or by state or federal law. Fees for appeals shall be in accordance with this Resolution. The fees established in this chapter shall be in addition to criminal, civil or any other legally established procedures that may be pursued to address violations of this Code. Section 2. Waiver. Failure of any person to file an appeal in accordance with the provisions of this Resolution and Chapter 1.11 of the Elk Grove Municipal Code shall constitute a waiver of that person's rights to contest the merits of the citation and the imposition of the administrative fee. Section 3. Fees for Appeal. The administrative appeal fee shall be in an amount equal to the fine amount set forth in the administrative citation for each administrative decision that an appellant requests to appeal. Section 4. Fee Deferrals and Waivers for Appeals. (a). Generally. The City Manager, or his/her designee, may grant a fee deferral or fee waiver of the appeal fee pursuant to this section. Any request for a fee 373765.4 �- ATTACHMENT 3 deferral or fee waiver shall be made at the time of the filing of the Request for Appeal. If a request for fee deferral or fee waiver is filed, no fee shall be collected until a determination is made on the fee deferral or fee waiver. The Request for Appeal will be deemed filed on the day it is submitted to the City Clerk, unless the fee deferral or fee waiver is denied and the fee is not paid. All applicable dates or time periods for hearing the appeal shall be tolled until the City Manager, or his/her designee, grants or denies the deferral or waiver. If the fee deferral or waiver is denied, appellant shall pay the appeal fee within fifteen (15) days of denial, and if not paid, the appeal shall be dismissed. The party seeking the fee deferral or waiver must be the real party in interest of the appeal. (b). Fee Deferral (Low Income). If the appellant declares under penalty of perjury and provides sufficient documentation demonstrating that the appellant's income does not exceed eighty percent (80%) of median income.applicable to Sacramento County, adjusted for family size as published and annually updated by the United States Department of Housing and Urban Development, then the City Manager or his/her designee shall grant an appeal fee deferral to the appellant. If a fee deferral is granted based upon the criteria specified above, the appellant shall pay twenty-five.percent (25%) of the appeal fee at the time the deferral is granted and the remaining seventy-five percent (75%) of the fee after the hearing, pursuant to a payment schedule established by the City Manager. (c). Fee Waiver (Very Low Income). If the appellant declares under penalty of perjury and provides sufficient documentation demonstrating that the appellant's income does not exceed fifty percent (50%) of median income applicable to Sacramento County, adjusted for family size as published and annually updated by the United States Department of Housing and Urban Development, then the City Manager or his/her designee shall grant an appeal fee waiver to the appellant. (d). Documentation Supporting Deferral/Waiver. In support of any appeal fee deferral or waiver, an appellant shall furnish such financial information as the City, Manager or his/her designee deems reasonably necessary to make a decision on the fee deferral or fee waiver. Among other documentation, the appellant may submit evidence demonstrating that appellant is receiving benefits pursuant to: (1) the Supplemental Security Income (SSI) and State Supplemental Payments (SSP) programs (Sections 12200 through 12205.2 of the Welfare and Institutions Code), (2) the Aid to Families with Dependent Children (AFDC) program (42 United States Code 601 through 644), (3) the Food Stamp program (7 United States Code 2011 through 2027), (4) Section 17000 of the Welfare and Institutions Code, or (5) if the appellant declares under penalty of perjury that his/her/its monthly income is one hundred twenty-five percent (125%) or less of the current monthly poverty threshold annually established by the Community Services Administration pursuant to Section 625 of the Economic Opportunity Act of 1964, as amended. Sr 873765.4 2 Tj O ATTACHMENT -3 (e). Effect of City Manager Decision. The City Manager's or his/her designee's determination on a fee deferral or fee waiver shall be final and there shall be no administrative appeal from the decision. Section 5. Effective Date. This Resolution shall take effect immediately upon its adoption. PASSED AND ADOPTED by the City Council of the City of Elk Grove on this day of 2008. GARY DAVIS MAYOR OF THE CITY OF ELK GROVE ATTEST: SUSAN J. BLACKSTON, CITY CLERK APPROVED AS TO FORM: SUSAN COCHRAN, CITY ATTORNEY 873765.4 �� -� ATTACHMENT Declaration of Craig Steffens I, Craig Steffans, do hereby swear or affirm under penalty of perjury that the following is true and correct to the best of my knowledge: 1. I am on a fixed income that totals $642.50 per month, as documented in the attached copy of my SSI check dated 9/01/2009. 2. SSI currently represents my only source of income and is my only means of financial support. 3. Given my current income and monthly expenses, I cannot afford to pay the $100 tree appeal fee and I hereby request that Council waive the fee due to inability to pay. Dated: 9/22/2009 Signed: _k1l'-J ra Steffens Eod SEP 2 2 2009 SL O CITY ATTORNEY ATTACHMENT 1551 -team000 Chwk No. i � 09 01 09 KANSAS CITY, MO` '- � -VOID AFTER ONE YEAR , ° thorder of Dt'C STEFFENS " SSI FOR SE ePTEMBER **** SAN LUIS OBISPO CA :93406.-581:.4 $ 642 S0 . i t _ t -.•... PPOroNK00NilIMOORICIB „� '-` LII �j �d- + � ll�l t STATE PAYMENT INCLUDED ��I,i' IFE 7� 1� TLS 1�y li 1�1J�L311�Ii ({ n40;ZB_2ii° x:0000005 �8�: i897 i3568iE• L 10909 x