HomeMy WebLinkAbout1985-10-22; City Council; 8383; Revision City Manager Authority to Approve Refunds.
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MTG. 10/22/85
DEPT._F_n_~ __
TITLE:
RECOMMENDED ACTION:
REVISION OF CITY MANAGERS AUTHORITY
TO APPROVE REFUNDS
DEPT. H"" YL. -·
CITY/I~~
CITY MGR.
Introduce Ordinance No. /~Pt/ revising title 3, Chapter 3.32, Section 3.32.030
of the Carlsbad Municipal Code to allow the City Manager to approve refunds of
$1000 or less, and all refunds based upon withdrawal of applications for city
services.
ITEM EXPLANATION:
The majority of all requests for refund submitted to the city involve the refund
of amounts of less than $1000 or the withdrawal of applications such as improve-
ment plans, tentative tract maps, site development plans, conditional use
pe~mits, ate. These refunds must typically be presented to the Council for
approval.
The proposed changes in Section 3.32.030 would eliminate the need for Council
action in the most routine of these cases and provide the City Manager with the
authority to approve these refunds. The present Municipal Code limits the City
Manager's ability to approve refunds to requests for $500 or less.
Section 3.32,030 of the Municipal Code has been modified as follows:
1. City Manager's authority to approve routine refunds has been increased
from $500 to $1000.
2. City Manager has been given the authority to approve all refunds
involving the withdrawal of an application for city services .
3. The City will retain a portion of all refunds based on the withdrawal
of an applic~tion for city service as compensation for staff time involved
with accepting the applicati~n and processing the application file and
the refund request.
FISCAL IMPACT:
The increase in the City Manager's authority provides a minor benefit to the
City in eliminating staff time associated with the drafting of agenda bills for
requests for refund for Council approval. The more rapid processing of refunds
will have a very small negative impact on the City's ability to use these funds
for the earning of interest.
A more important benefit to the City will be derived by retaining a portion of
all refunds based on the withdrawal of applications, This will provide $10,000
or more each year in refunds available to cover staff time associated with the
application and refund process.
EXHIBITS:
Ordinance No,_/_,?,Jv{ revising Title 3, Chapter 3,32 by the amendment of
Section 3.32,030 of the Municipal Code to revise the City Manager's authority
to approve refunds.
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ORDINANCE NO. 1284 ------
AN OBuINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA AMENDING TITLE 3, CHAPTER
3.32 OF THE CARLSBAD MUNICIPAL CODE BY THE
AMENDMENT OF SECTION 3.32.030 TO REVISE THE
PROCEDURES FOR APPROVAL OF REFUNDS.
The City Council of the City of Carlsbad, California
does ordain as follows:
SECTION 1: That Title 3, Chapter 3.32 of the Carlsbad
Municipal Code is amended by the amendment of Section 3.32.030
to read as follows:
3.32.030 Refunds. (a} When not otherwise prohibited
by law the City Manager may authorize a refund in an amount not
to exceed one thousand dollars and the City Council may authorize
a r~fund for an amount in excess of one thousand dollars of all
or part of any fee collected pursuant to the municipal code in
accordance with the procedures of this section.
(b} A written request for refund, signed by the person
paying the fee or by the department head of the requesting
department shall be filed with the Finance Director setting forth
the facts and reasons which justify the request.
(c) The Finance Director shall investigate the request
and forward the request and his recommendation to the City
Manager.
(d) The City Manager, in an amount not to exceed one
thousand dollars, or the City CoJncil, for an amount in excess of
one thousand dollars, may grant the request in whole or in part
if they find that:
(1) The fee was paid under a mistake of law or
fact; or
(2} The consideration for which the fee was paid
has not been received and the City has no moral claim to the
money; or
(3} It is inappropriate and inequitable to retain
the fee, which in good conscience, equity and justice should be
returned; or
(4} A refund is necessary to prevent an extreme
hardship upon the person paying the fee for which such person is
not responsible.
(e} When the request for refund is based on the
withdrawal of an application for a development project requiring
a fee for City services including but not limited to checking of
improvement plans, review of tentative tract maps, site
development plans, conditional use permits, or other similar
zoning permits and building permits. The City shall retain a
portion of the application fee as compensation for staff time
invested in the acceptance and processing functions through the
time the refund was requested. The appropriate department head
shall provide the finance director with an estimate of the
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nu~ber of hours spent in processing any such application or
permit as the.basis for the City's retention. The City Manager
may then authorize the refund of any remaining balance.
(f) Upon receipt of proper authorization, the Finance
Director shall make the refund.
EFFECTIVE DATE: This ordinance shall be effective
thirty days after its adoption, and the City Clerk shall certify
to the adoption of this ordinance and cause it to be published at
least once in the Carlsbad Journal within fifteen days after its
adoption.
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 22nd -----day of __ o_c_to_b_e_r ___ ,
19~5, and thereafter
PASSED AND ADOPTED at a regular meeting of said City
Council held on the day of October , 1985 by the ------------29th
following vote, to wit:
AYES: Council Members Casler, Lewis, Kulchin, Chick and Pettine
NOES: None
ABSENT: None
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ATTEST:
ALETHA L. RAUTENKRA~CJ.t~rk
2.
ASLER, Mayor