Appeal Code Changes - Improving the Appeals Process

1. June, 2019 • Appeal Code Changes • Delynn Coldiron, City Clerk; Brad Yatabe, Legal

2. SUMMARY • Changes are meant to: • Clarify aspects of the appeals procedure • Improve the appeals process

3. Changes – 2-46 • Changes recommended under Section 2-46 – Definitions: • Appellant clarified to include multiple parties-in interest • New Evidence would now require any modifications of the record to be identified • Party-in-Interest clarified to be those individuals with an ownership interest in a property instead of a leasehold, other categories of party-in-interest remain the same

4. Changes – Section 2-47 and 2-48(c) • Change recommended under Section 2-47 – Certain appeals to be taken to City Council: • Language added to clarify that any appeals allowed by City Code would be authorized under Chapter 2. • Change recommended under Section 2-48 – Appeal of final decision permits; effect of appeal; grounds for appeal: • Change to Section 2-48(c) to clarify the process for Councilmember-initiated appeals (submission of specific questions to be considered on appeal).

5. Changes – 2-49 • Changes recommended under Section 2-49 – Filing of notice of appeal; new evidence: • New Subsection (b)(5) – requires any new evidence related to a fair hearing allegation be filed within seven days of the deadline for filing the notice of appeal. • New Subsection (c) – clarifies what can be submitted to Council for consideration. • New Subsection (d) – states how information for the appeal will be accessible.

6. Changes – Section 2-50 and 2-51 • Change recommended under Section 2-50 – Fee for filing of appeal: • Change in title. • Clarifies that the $100 fee is a filing fee vs. cost of appeal. • Change recommended under Section 2-51 – Record on appeal: • Clarifies the information contained in the record that Council may rely on to make its decision.

7. Changes – 2-52 • Changes recommended under Section 2-52 – Scheduling of the hearing/no ex-parte contacts: • Subsection (a) - adjusts scheduling and notice provisions to provide parties-in-interest more advance notice. • New Subsection (b) – defaults to the standard practice of consolidating multiple appeals of the same decision. • New Subsection (c) – allows City Manager to request an extension of time to hear an appeal. • New Subsection (d) – moves ex parte contacts here.

8. Changes – Section 2-53 and 2-54 • Change recommended under Section 2-53 – Site inspection: • Clarifies the intent of the site visit is for Councilmembers to gain a better understanding of the physical characteristics of the property. • Change recommended under Section 2-54 – Procedures at the hearing: • Clarifies the staff presentation. • Clarifies how procedural issues are addressed.

9. Changes – 2-55 • Changes recommended under Section 2-55 – Written materials; new evidence: • Subsection (a) – clarifies the information Council can consider. • Subsection (b) – specifies new information that can be considered. • Subsection (c) – specifies that City staff will prepare record; and that Council determines the new evidence that can be admitted. • Subsection (d) – sets the submittal deadline for materials. • Moves Subsections (e), (f) and (g) to Section 2-56 – Council decision

10. Appeal Timeline

11. New Section – 2-56 • New Section 2-56 – Council decision on appeal: • Subsections (e), (f) and (g) moved from previous Section. • Now includes a provision allowing remand to a different decision maker if fair hearing issue found, as circumstances warrant. • Subsection (d) – adds a procedure for Council to amend adopted Resolutions. • Subsection (d) – also allows Council to modify a decision to resolve a legal dispute or comply with applicable law.

12. Next Steps • Meeting for applicants - Today • Meeting for appellants – Thursday, June 6, 6:00 p.m. • Meeting for public – Thursday, June 12, 6:00 p.m. • Planning and Zoning Board – July 18th • City Council – August 20th

13. THANK YOU!