19. First reading Ord. 08-2027OFFICE OF THE CITY ATTORNEY
Charles T. Kilian, City Attorney
20410 TOWN CENTER LANE, SUITE 210
CUPERTINO, CA 950143255
TELEPHONE: (408} 777-3403 • FAX: (408} 777-3401
CUPERTiNO
April 2, 2008
Honorable Mayor and Members
of the City Council
City of Cupertino
10300 Tone Avenue
Cupertino, CA 95014
Re: Refund of Appeal and Reconsideration Fees
Dear Mayor and Council Members:
At the last City Council meeting, the council elected to provide for a refund
procedure for appeal and reconsidera#ion fees. Attached is a proposed ordinance which
provides that fees for appeals from the Planning Commission and fees for petitions
seeking reconsideration can be fully or partially refunded at the conclusion of the relevant
hearing.
Refunds are allowed in appropriate circumstances in the sole discretion of the City
Council.
If you have any questions, 1 will be happy to answer them at the next Council
meeting.
Sincere ,
Charles T. Kilian
City Attorney
CTK/djb
Enc.
cc: Dave Knapp
Carol Atwood
Steve Piasecki
David Woo
City Clerk
~s-~
.:
ORDINANCE NO.O&2027 ~~T
AN ORDINANCE OF THE CUPERTINO CITY COUNCIL
AMENDING SECTIONS 2.08.09b AND 19.136.020 OF THE
MUNICIPAL CODE TO PROVIDE FOR REFUNDS OF FEES
THE CITY COUNCIL OF THE CITY OF CUPERTINO DOES HEREBY ORDAINS
AS FOLLOWS:
1. Subsection 2.08.96 C is hereby amended to read as follows:
2.08.96 Reconsideration -Sought by Interested Person
C. A petition for reconsideration is subject to; areconsideration fee as prescribed by
resolution of the City Council. At the conclusion of the reconsideration hearing, the City
Council may, in its sole discretion, refund all, or a portion, of the reconsideration fee.
2. Subsection 19.136.020 B is hereby amended to read as follows:
19.136.020 Filing Procedure
B. Appeals under this chapter are subject to an appeal fee as prescribed by resolution of
the City Council. At the conclusion of the appeal hearing, the City Council may, in its sole
discretion, refund all, or a portion of, the appeal fee.
Publication Clause
The City Clerk shall cause this ordinance to be published at least once in a newspaper of
general circulation published and circulated in the Ciry within i 5 days after its adoption, in
accordance with Government Code Section 36933, shall certify to the adoption of this ordinance
and shall cause this ordinance and her certification, together with proof of publication, to be
entered in the Book of Ordinances of the Council of this City.
19-2
Ordinance No. 08-2027
2
INTRODUCED at a regular adjourned meeting of the City Council of the City of
Cupertino the 15th of April, 2008 and ENACTED at a regular meeting of the City Council of the
City of Cupertino the of 2008, by the following vote:
PASSED:
Vote:
Ayes:
Noes:
Absent:
Abstain:
ATTEST:
City Clerk
Members of the City Council
APPROVED:
Mayor
2
19-3