HomeMy WebLinkAbout2011-03-08; City Council; 20474; AMENDING MUNICIPAL CODE ADMINISTRATION OF REFUNDSCITY OF CARLSBAD - AGENDA BILL 8
AB#
MTG.
DEPT.
20474
2/22/2011
FIN
AMENDING SECTIONS 3.32.030 AND
5.04.130 OF THE CARLSBAD
MUNICIPAL CODE PERTAINING TO
ADMINISTRATION OF REFUNDS
DEPT. HEAD ^*£U0w
CITYATTY. /^s&Z'
CITY MGR. C/ {,^_
RECOMMENDED ACTION:
Introduce Ordinance No. CS-119 amending Section 3.32.030 and Section 5.04.130
of the Carlsbad Municipal Code pertaining to the administration of revenue refunds in the
City.
ITEM EXPLANATION:
The Finance Department processes on average of about 50 to 60 refunds per month for
items paid to the City such as business license fees, general fees (including general
development fees paid for city services, such as plan checking, building permit review, etc.),
taxes and assessments. These refunds are mostly between $50 and $2,000; higher than
that on occasion. Under Carlsbad Municipal Code Section 5.04.130, any business license
refund greater than $500 requires the approval of the City Council. Similarly, under
Carlsbad Municipal Code Section 3.32.030, any refund of fees paid for city services
(including development related fees) greater than $1,000 also requires the approval of the
City Council. These two sections were last revised in 1980 and 1985, respectively, and City
staff feels that increasing the refund thresholds will streamline the administration of finance
matters, reduce the number of refunds requiring Council approval, and allow the City to be
more responsive to its customers by decreasing the time it takes to process most refunds.
Administrative cost savings would be realized by reducing the number of refunds requiring
Council approval.
Returning developer or other deposits placed in the City (regardless of purpose) do not
come under these Code sections; deposits are returned when the City no longer has a legal
right to hold the funds, usually upon meeting certain conditions of approval.
The proposed changes authorize the City Manager (or his/her designee) to approve any
business license or other fee, tax or assessment refund of $25,000 or less, and would only
require City Council approval of any business license or other fee, tax or assessment refund
if the amount were greater than $25,000.
In addition to increasing the refund thresholds, the proposed revisions make the following
two substantive changes.
DEPARTMENT CONTACT: Helga Stover, 760-602-2429 helga.stover@carlsbadca.gov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED D
DENIED D
CONTINUED D
WITHDRAWN D
AMENDED D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER-SEE MINUTES
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1. Provides the City Manager the ability to delegate his/her refund authority as he/she
can with his/her payment approval authority.
2. Provides the City Manager (or his/her designee) the authority to issue refunds in any
amount for monies that were erroneously paid to or collected by, but not actually due
to the City at the time the funds were received, such as overpayments, duplicate
payments, or payments intended for another party.
The following table shows the current and proposed thresholds:
Refund Authorization Limits - Existing and Proposed
| General Fees, Taxes, or Assessments |
City Council
City Manager
Existing
3.32.030
> $1,000
$1 -$1,000
Proposed
Correct Errors
N/A
no limit
Proposed
Other Refunds
> $25,000
$1 - $25,000
[ Business License Fees |
City Council
City Manager
Existing
5.04.130
>$500
$1 - $500
Proposed
Correct Errors
N/A
no limit
Proposed
Other Refunds
> $25,000
$1 - $25,000
FISCAL IMPACT:
If the recommended amendments are adopted, there will be no additional cost to the City.
The City will realize savings due to avoided costs associated with processing refunds
previously requiring City Council approval. In addition, customer service will be enhanced
by reducing the turnaround time.
ENVIRONMENTAL REVIEW:
The proposed revisions do not constitute a "project" within the meaning of the California
Environmental Quality Act and, therefore, do not require environmental review.
EXHIBITS:
1. Ordinance No.
and 5.04.130.
CS-119 amending Carlsbad Municipal Code Sections 3.32.030
2. Strike-out version of proposed revision of Carlsbad Municipal Code Section 3.32.030.
3. Strike-out version of proposed revision of Carlsbad Municipal Code Section 5.04.130.
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Exhibit 1
ORDINANCE NO. cs-119
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF CARLSBAD, CALIFORNIA, AMENDING SECTION
3.32.030 AND AMENDING SECTION 5.04.130 OF THE
CARLSBAD MUNICIPAL CODE BOTH RELATING TO THE
ADMINISTRATION OF REFUNDS
The City Council of the City of Carlsbad, California, does ordain as follows:
That Chapter 3.32, Section £30 of the Carlsbad Municipal Code is amended
to read as follows:
3.32.030 Refunds.
(a) When not otherwise prohibited by law, the cit\manager may
authorize a refund in an amount tat to exceebUwenty-five thousand dollars and
the city council may authorize a rerWi for an amount in excess of twenty-five
thousand dollars of all or part of any fee collected (Wsuan/to the municipal code
in accordance with the procedures of thi^ection. The cw manager or his/her
designee may authorize a refund in any amount for moJnes that were erroneously
paid to or collected by^Jjutja^t actually due to fl|e city at the time the funds were
received, such a« oveijpayments^uplicate payments, or payments intended for
another party.
(b) A written request for refund, signed by the person paying the fee or
by the department \ead V the requestiV) department shall be filed with the
finance director setting forVi the facts anil reasons which justify the request.
(c) The finance dmector shall investigate the request and forward the
renuest and his/her racommer^ation to/he city manager or his/her designee.
d) The city manager onTTgTner designee, in an amount not to exceed
twenty-fi^thousand dollars, or the city council, for an amount in excess of twenty-
five thousancNollars, maV grant the request in whole or in part if they find that:
(1) TheraewasVaid 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 cra« 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.
The findings required in this subsection (d) shall be made in writing and
maintained as part of the request for refund.
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Exhibit 1
(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 number 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 protfcc authorization, the finance director shall make
the refund. \ ^SV
That Chapter 5.04, SectfCh^SO of the^arlsbal Municipal Code is amended
is amended to read as follows: ^^ ^^ /
5.04.130 Adjustments* \ /
If it is found thlt an alditlBtwiilicen^e fee amount is required from any
licensee, the license tollectoXshall bilNtie Nclwisee for such amount and such
amount shall be paid fy the licensee witVin ten days after the billing. It is unlawful
for any licensee to conroiue to cViduct ary business within the city if he is billed as
provided in this chapter ror an adottional license fee and fails to pay such
additional license fee within ten daysSfter such billing. In the event it is found that
any licens&Khas paid a license fee amount in excess of that required, the licensee
may submit a request for refutod to the license collector, who shall investigate the
request and forwardNie request and recommendation to the city manager or
his/her designee, if the amount oiWhe requested refund is twenty-five thousand
dollars, or less, or to the citySquncV if the amount of the requested refund is in
excess of twenty-five thousand dollars. At the request of the licensee, the license
collector may, in the license collector's discretion, apply a refund in an amount less
than twenty-five thousand dollars, or a portion thereof, to the next ensuing license
fee payable by such licensee for such business. No minimum license fee or any
portion of such minimum fee shall be refunded.
The city manager and the city council reserve the right to pass upon and in
their discretion either grant or refuse to grant refunds or amounts, or portions
thereof, paid as license fees over and above the minimum fee, after ascertaining
the facts in each particular case where requests or demand for refund is made or
presented.
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Exhibit 1
EFFECTIVE DATE: This ordinance shall be effective thirty days after its
adoption and the City Clerk shall certify the adoption of this ordinance and cause it
to be published at least once in a newspaper of general circulation in the City of
Carlsbad within fifteen days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of the Carlsbad City
Council on the day of , 2011, and thereafter.
PASSED AND ADOPTED at a regular
City of Carlsbad on the day of
with:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALI
RONALD R. BALL,
City Council of the
the following vote, to
TT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)
Exhibit 2
3.32.030 Refunds.
(a) When not otherwise prohibited by law, the city manager may authorize a refund in an
amount not to exceed see twenty-Five thousand dollars and the city council may authorize a
refund for an amount in excess of ^%e twenty-Five thousand dollars of all or part of any fee
collected pursuant to the municipal code in accordance with the procedures of this section. Ike
city manager or his/her designee may authorize a refund in any amount_for monies thaMyerc
erroneously paid to or collected by, but not actually due to the city at the time the funds _were
received, such as overpayments, duplicate payments, or payments intended foranotherpjirtv.
(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 or his/her designee.
(d) The city manager or his/her designee, in an amount not to exceed OB« twjjnty^fjye
thousand dollars, or the city council, for an amount in excess of ^ae twenty-Five thousand dollars,
may grant the request in whole or in part iFthey 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.
The Findings required in this subsection (d) shall be made in writing_jnd^maintained as
part of the request for refund.
(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 number 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.
Exhibit 3
5.04.130 Adjustments.
If it is found that an additional license fee amount is required from any licensee, the license
collector shall bill the licensee for such amount and such amount shall be paid by the licensee
within ten days after the billing. It is unlawful for any licensee to continue to conduct any business
within the city if he is billed as provided in this chapter for an additional license fee and fails to pay
such additional license fee within ten days after such billing. In the event it is found that any
licensee has paid a license fee amount in excess of that required, the licensee may submit a
request for refund to the license collector, who shall investigate the request and forward the
request and recommendation to the city manager or his/her designee, if the amount of the
requested refund is five hundred twenty-five thousand dollars, or less, or to the city council, if the
amount of the requested refund is in excess of five hundred twenty-fivethousand dollars. At the
request of the licensee, the license collector may, in the license collector's discretion, apply a
refund in an amount less than five hundred twenty-Five thousand dollars, or a portion thereof, to
the next ensuing license fee payable by such licensee for such business. No minimum license fee
or any portion of such minimum fee shall be refunded.
The city manager and the city council reserve the right to pass upon and in their discretion
either grant or refuse to grant refunds or amounts, or portions thereof, paid as license fees over
and above the minimum fee, after ascertaining the facts in each particular case where requests or
demand for refund is made or presented.
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