HomeMy WebLinkAbout1992-04-07; City Council; 11627; APPOINTMENT OF MEMBERS TO THE APPEALS PANEL FOR COMMUNITY FACILITIES DISTRICT NO. 1-
AB # l'i 62-7 TITLE:
MTG. 4/7/93 APPOINTMENT OF MEMBERS TO THE APPEALS PANEL
DEPT. CM FOR COMMUNITY FACILITIES DISTRICT NO. 1
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RECOMMENDED ACTION;
Adopt Resolution No. 92-95 authorizing the City Manager to appoint members
Appeals Panel for Community Facilities District No. 1.
ITEM EXP LANATl ON:
In the process of managing a CFD as complex as the City of Carlsbad's CFD No. 1
will occasionally be times when an interpretation of policies or rules will be nece
When the City Council created CFD No. 1 for the City of Carlsbad, the creation
panel was anticipated as is indicated by the following section included in the fori
documents:
"Any landowner or resident who feels that the amount or formula of the
special tax is in error may file a notice with the Agency appealing the levy
of the special tax. An Appeals Panel of three members, as appointed by
the Agency, will then meet and properly review the appeal and, if
necessary, meet with the applicant. If the findings of the Appeals Board
verify that the tax should be modified or changed, a recommendation at
that time will be made to the Agency and, as appropriate, the special tax
levy shall be corrected, and if applicable in any case, a refund shall be
granted".
At this time, the City Council should consider appointing the three member pa
authorizing the City Manager to appoint members to this Panel. Although th
Council may choose to retain the authority to make appointments to the
themselves, in many instances, it may be more efficient to authorize the City Mani
make appointments and to modify the make up of the panel as necessary. St:
recommended that Council adopt the attached Resolution which would authorize tt
Manager to appoint the three member panel. Staff would further recommend the
be comprised of representatives from the Community Development Department, Fi
Department and City Manager's Office.
FISCAL IMPACT:
The creation of the Appeals Panel does not have any direct fiscal impact on th6
However, in the future there may be instances where this panel will review land
requests for review of taxation. These reviews may result in refunds or changes
tax status for certain parcels which could have a fiscal impact on the CFD.
EXHIBITS:
1.
I
Adopt Resolution No. 42-9 5 authorizing the City Manager to appoint me
to the Appeals Panel for Community Facilities District No. 1.
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April 8, 1992
TO: CITY COUNCIL
DEPARTMENT HEADS
FROM: City Manager
APPOINTMENT OF MEMBERS OF THE COMMUNITY FACILITIES DISTRICT APPEALS I
On April 7, 1992, the City Council authorized the City Manager to appoint the members
Community Facilities District Appeals Panel. Since this panel will be dealing with property
and developers, Community Facilities District policy issues, and taxation appeals, I am apF
a panel which includes responsibilities from Community Development, Finance and tl
Manager departments.
The panel will be comprised of Marty Orenyak, Community Development Directc
Hildabrand, Finance Director, and Jim Elliott, Financial Management Director. The pal
require staff support which will be provided by the Community Development and F
departments.
This appointment will remain in effect until amended by the City Manager. ..
aY RAYMOND R. PATCHEIT
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RESOLUTION NO. 9 2 -9 5
RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AUTHORIZING THE
CITY MANAGER TO APPOINT MEMBERS TO THE
APPEALS PANEL FOR COMMUNITY FACILITIES
DISTRICT NO. 1
WHEREAS, on May 7, 1991, the voters within the boundark
Community Facilities District No. 1 voted in a special election to creatr
District; and
WHEREAS, Community Facilities District No. 1 is managed and ope1
under the terms and conditions included in the Community Facilities Di:
Report dated January 22, 1991; and
WHEREAS, Section E-I11 of this report allows the City Council to crea
Appeals Panel comprised of three members to hear and consider appeals re
to taxation and other issues related to the administration of CFD No. 1.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the Ci
Carlsbad, California, as follows:
1. That the above recitations,are true and correct.
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2. That the City Manager is hereby authorized to appoint the men
to the Appeals Panel as described in Section E-I11 of the Community Faci
District Report and that such panel shall operate consistent with the rules
policies found in this report and in existing Council policies.
PASSED, APPROVED, AND ADOPTED at a regular meeting of the
day of Council of the City of Carlsbad, California on the 7th
April , 1992, by the following vote, to wit:
AYES:
NOES: None
ABSENT:
Council Members Lewis, Kulchin, Larson and Nygaard
Council Member St ant on
ATTEST:
l2da.d
LETHA L. MuTEN-d
(SEAL1