HomeMy WebLinkAbout2010-03-23; City Council; 20158; Refund Sewer and Trash OverpaymentsCITY OF CARLSBAD - AGENDA BILL
20.158AB#
MTG. 3/23/10
DEPT. UTIL/FIN
REFUND FOR SEWER AND
TRASH OVERPAYMENTS
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Adopt Resolution No. 2010-049 authorizing a refund of sewer charges to Jack Paepke
of $3,075; a refund of sewer charges to George Massif of $3,997; and a refund of sewer and
trash charges to John Zathas of $1 ,699.
ITEM EXPLANATION:
Three customers are due refunds due to an error in sewer and trash classifications upon initial
account set-up. The Utility Billing and Meter Services Departments have audited the accounts,
verifying the amounts were billed in error. The refund totals for these customers are based on
the total amount charged in error from the tinie these accounts were miscoded respectively.
Section 3.32.030 of the Carlsbad Municipal Code states that a request for refund may be
granted if the fee was paid under a mistake of fact.
Both the Paepke and Nassif refunds are a result of their accounts being miscoded as duplexes,
when in fact each property has always been a single family residence. As a result of the
miscoding, each was billed double sewer and trash charges for the entire history of the account.
The Paepke account was set-up in 1986 and the Nassif account was set-up in 1991. The error
in billing was identified shortly after the implementation of the recent rate increase and the
transition to the tiered structure.
The Zathas refund is a result of the account being miscoded as a single family residence, when
in fact the meter has always been irrigation only. Irrigation only accounts do not pay sewer and
trash charges. From initial set-up in late 2007, sewer and trash charges were billed in error.
To ensure that errors such as this do not occur in the future, there is a mutual effort between
the Utility Billing and Meter Services Departments to closely monitor the classifications of new
accounts. In addition, Meter Services conducts monthly audits to review account classifications.
Section 3.32.030 of the Carlsbad Municipal Code requires that the City Council approve any
refund in excess of $1,000. Therefore, staff is recommending approval of refunds to Jack
Paepke of $3,075, to George Nassif of $3,997, and John Zathas of $1 ,699.
DEPARTMENT CONTACTS: Mario Remillard 760-438-2722
mario.remillard(S)carlsbadca.gov and Colette Wengenroth 760-602-2468
colette.wengenroth@carlsbadca.qov
FOR CITY CLERKS USE ONLY.
BOARD ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
Dn
Dn
CONTINUED TO DATE SPECIFIC D
CONTINUED TO DATE UNKNOWN D
RETU RN ED TO STAFF D
OTHER-SEE MINUTES D
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FISCAL IMPACT:
The payments will result in $8,771 in refunds that will have no material impact on the sewer and
trash funds.
ENVIRONMENTAL IMPACT:
Pursuant to Public Resources Code Section 21065 and CEQA Guidelines Section 15378, this
does not constitute a "project" within the meaning of CEQA and, therefore, does not require an
environmental review.
EXHIBITS:
1. Resolution No. 2010-049 authorizing a refund of sewer and trash charges to Jack
Paepke, George Massif, and John Zathas.
EXHIBIT 1
1 RESOLUTION NO. 2010-049
2
A RESOLUTION OF THE CITY COUNCIL OF THE
3 CITY OF CARLSBAD REFUNDING SEWER AND
TRASH OVERPAYMENTS
4
WHEREAS, Jack Paepke and George Nassif where billed in error for sewer charges;
6 and
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WHEREAS, John Zathas was billed in error for sewer and trash charges; and
o
WHEREAS, The Utility Billing and Meter Services Departments have audited the
9 accounts, verifying the amounts were billed in error; and
WHEREAS, the refund totals for these customers are based on the total amount
charged in error from the time these accounts were miscoded; and
12 WHEREAS, Section 3.32.030 of the Carlsbad Municipal Code states that a request for
13 refund may be granted if the fee was paid under a mistake of fact.
14 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Carlsbad,
15 California, as follows:
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1. That the above recitations are true and correct.
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2. That the City Council of the City of Carlsbad finds that the above charges were18
paid under a mistake of fact.19 H
2Q 3. That a refund of sewer charges to Jack Paepke of $3,075; a refund of sewer
21 charges to George Nassif of $3,997; and a refund of sewer and trash charges to
22 John Zathas of $1,699 is authorized.
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PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council
of the City of Carlsbad on the 23rd day of March, 2010, by the following vote to wit:
AYES: Council Members Lewis, Kulchin, Hall, Packard and Blackburn.
NOES: None.
ABSENT: None.
CLA
ATTEST:
EWIS1, Mayor
LORRAINE M. WOOD, City Clerk (A'-'"0