Loading...
HomeMy WebLinkAbout2011-03-22; City Council; 20486; CMC amendment related to admin of refundsCITY OF CARLSBAD - AGENDA BILL AB# 20T486 MTG. 3/22/11 DEPT. CA AMENDING SECTIONS 3.32.030 AND 5.04.130 OF THE CARLSBAD UMi i Alf/^fD A i f*f\F\C nfDT"A I JtffJkf/"* T^>MUNICIPAL CODE PERTAINING TO ADMINISTRATION OF REFUNDS DEPT. DIRECTOR _ CITY ATTORNEY ^j^ CITY MANAGER m/ RECOMMENDED ACTION: Introduce Ordinance No. CS-123 amending CMC sections 3.32.030 and 5.04.130 increasing the threshold for refunds and adjustments from $1000 to $25,000 in section 3.32.030 and from $500 to $25,000 in section 5.04.130, when authorized by the City Manager. ITEM EXPLANATION: At its meeting of Tuesday, March 8, 2011, the City Council referred this proposed ordinance to the City Attorney to be redrafted in the following ways: 1. Additional license fee amounts shall be due thirty (30) days rather than ten (10) days after billing. 2. All refunds require written findings. 3. The City Manager will make regular reports to the City Council of all refunds exceeding $10,000. The attached ordinance includes these revisions. The Council should satisfy itself that these revisions reflect its intentions in this matter FISCAL IMPACT: If the recommended amendments are adopted, there will be no additional cost to the City. The City will realize savings die to avoided costs associated with processing refunds previously requiring City Council approval. In addition, customer service will be enhanced by reducing turnaround time. ENVIRONMENTAL IMPACT: 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. £S-123 . amending CMC 3.32.030 and 5.04.130 2. Strikeout versions of proposed revisions to CMC 3.32.030 and 5.04.130 DEPARTMENT CONTACT:760-434-2891 ron.ball@carlsbadca.gov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED DENIED CONTINUED WITHDRAWN AMENDED D D Dnn CONTINUED TO DATE SPECIFIC D CONTINUED TO DATE UNKNOWN D ^ RETURNED TO STAFF x^C^"" OTHER - SEE MINUTES J*\ 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 I ORDINANCE NO. .CS-323 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING SECTIONS 3.32.030 AND 5.04.130 OF THE CARLSBAD MUNICIPAL CODE RELATING TO THE ADMINISTRATION OF REFUNDS NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION 1: That CMC section 3.32."&3Q is amended to read as follows: 3.32.030 Refunds. (a) code in accordance v or his/her designee erroneously paid to time the funds were or payments intendec ith the procedures of may authorize When not othejwise prohibited by law, trre city manager may authorize a refund in an amount not/fo exeeexl twenty-frve thousano\doflars and the city council may authorize/a refundTfor an anrount in excess of twenty-five thousand dollars of all/or part of any\ee collected pur^fant to the municipal (for another party a refu .section. The city manager for monies that were collected by, bi t not actually due to the city at the eceived, such as overpayments, duplicate payments, as provided below: (b)/^written request for refUnd, signed Joy the person paying the fee or by the department head of theN^guesjting department shall be filed with the finance\directo\ setting forth the facts and reasons which justify the request. (c) (d) The finance and his recomm> shall investigate the request and forward the request ation to the city manager or his/her designee. The city manager or"Kfe/her designee, in an amount not to exceed twenty- five thousand dollars, or the city council, for an amount in excess of twenty- five 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 -1 - 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 (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. The city manager shall send to the city council regular reports j)f refunds exceeding ten thousand dollars. (e) When the request for refund is based ori\ttie withdrawal of an application for a development project requiriQq a fee foVfcity services\including, but not limited to, checking of improvement plans, \eview of tenjative tract maps, site development plans, conditional use permits, or othrer similar zoning permits and building permits. The\ city shalK retain/a portion of the application fee as compensation for staff time irweste0 in the acceptance and processing functipns_through the time the refun^r was requested. The appropriate departme nt heaChshall provide the Mance director with an estimate of thrtf numbsr of hours spent in^proces&ng any such application or permit as tne basis for the city's retention. 7ne city manager may then authorize ther refund o any remaining Balance. (f) Upon rece/pt of propef\ authorization, t^ie finance director shall make the refund. SECTION 2: That CMC section 5,04.130 is/amended to read as follows: 5.04.13C Adjustments. If it is founcTHhat an additional license fee amount is required from any licensee, the license collector&hajl bill the\[censee for such amount and such amount shall be paid by the licensee within thfrty^days atfter the billing. It is unlawful for any licensee to continue to conduct any business wMffkme city if he is billed as provided in this chapter for an additional license fee and failstosjjjay such additional license fee within thirty days after such billing. In the event it is fourreNhat any licensee has paid a license fee amount in excess of that required, the license^\nay submit a request for refund to the license collector, who shall investigate the requefet and forward the request and recommendation to the city manager or his/her designee, if the amount of the requested refund is twenty- five thousand dollars, or less, or to the city council, 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. -2- 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 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 ^"^Y——Carlsbad City Council on the day of V T^Dt'kand thereafter Council of the City of Carlsbad on the day qf \ .^011, b/the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALI PASSED AND ADOPTED at a regular meeti RONALD R. BALL, City Attorn MATT HALL, Mayor ATTEST: LORRAINE M. WOOD, City Clerk (Seal) -3- 3.32.030 Refunds. (a) When not otherwise prohibited by law, the city manager may authorize a refund in an amount not to exceed ene- twenty-five thousand dollars and the city council may authorize a refund for an amount in excess of-ene 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. The city manager or his/her desiqnee may authorize a refund 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 as provided below: (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 desiqnee. (d) The city manager or his/her designee. in an amount not to exceed Qfle-twentv- five thousand dollars, or the city council, for an amount in excess of eaetwentv- five -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. The findings required in this subsection (d) shall be made in writing and maintained as part of the request for refund. The city manager shall send to the city council regular reports of refunds exceeding ten thousand dollars. (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. 5~ 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 tea- thirty 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 thirty 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-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 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. Business License Refunds Over $500 January 2008 to December 2010 All Receive-Agenda Item #J^ For the Information of the-. CITY COUNCIL0214i/Asst. CM CA Company AOS Rocco First NLC Fishlips Mirabella Velocity Sports Motel 6 7-Eleven EMC Documennt Sciences AE Trinity Products Financial Services Inc. Sterling Jewelers Safeway Grand Pacific Palisades Hotel Lamarca Citigroup American Claims Luxottica Kisco Senior Living Pacific Air Resources La Terraza La Costa Resort United Site Services Amount Date Reason 693.00 2/5/2008 Calculated taxes incorrectly 828.00 2/5/2008 Calculated taxes incorrectly 664.00 2/5/2008 Calculated taxes incorrectly 1,980.00 2/5/2008 Calculated taxes incorrectly 1,301.00 2/5/2008 Duplicate payment 553.00 3/18/2008 Calculated taxes incorrectly 835.00 5/6/2008 Duplicate payment 592.00 9/9/2008 Duplicate payment 1,018.00 9/9/2008 Duplicate payment 604.00 12/16/2008 Calculated taxes incorrectly 7,387.00 1/6/2009 Calculated taxes incorrectly 550.00 3/17/2009 Financial institution - not taxable 1,286.00 3/24/2009 Duplicate payment 1,565.00 5/5/2009 Business closed 1,423.00 5/12/2009 Duplicate payment 888.00 6/2/2009 Calculated taxes incorrectly 2,083.00 8/18/2009 Duplicate payment 2,950.00 11/10/2009 Insurance agent - not taxable 534.00 11/10/2009 Calculated taxes incorrectly 3,133.00 1/12/2010 Calculated taxes incorrectly 540.00 1/26/2010 Calculated taxes incorrectly 882.00 3/9/2010 Non-profit 20,529.00 4/6/2010 Owning company change 2,343.00 6/29/2010 Calculated taxes incorrectly Company Hubbs Seaworld KB Carlsbad Jack Paepke George Nassif John Zathas Bassi Other Refunds Over $1,000 January 2008 to December 2010 Amount Date Reason 27,945.77 2/19/2008 Wastewater fees overcharged 3,601.00 3/4/2008 TOT Miscalculated 3,075.00 3/23/2010 Sewer fees overcharged 3,997.00 3/23/2010 Sewer fees overcharged 1,699.00 3/23/2010 Sewer and trash fees overcharged 1,529.00 12/14/2010 Water delivery fees overcharged Date:_ Distribution: ' City Clerk Asst. City Clerk Deputy Clerk Book (fi A/ifl« FORTHEiNFORMATONOF THE CITY COUNCtU i 3.32.030 - Refunds. I (a) When not otherwise prohibited by law, the city manager may authorize a refund in any amount not to oxcood ono thousand dollars and the oily council may authorize a rotund for an amount in oxcooc of ono thoucand dollarc of all or part Of any too collected pursuant to the municipal codo in accordance- with tho procoduroe of this section, any amount for monies that were erroneously paid to or collected by. but not actually due to the citv at the time the funds were received, such as over payments or duplicate payments. (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 desianee. (d) The city manager shall send to the citv council regular reports of refunds exceeding ten thousand dollars., in an amount not to oxcood ono thousand dollarc. or tho citv counoil. tor an amount in Hare, may grant tho roqi ««H» Tho too wae paid undor a miotako of law or (act; or * (3) Tho consideration for which tho f66 wac paid has not boon rocoivod and th6 citv has no moral claim* to tho monov or t is inappropriate and inequitable to rotain tho too, which in good conooionoo, equity and juotico ' rotumod' or ary to prov «tehi ' such porson io not rooponciblo. paying t Formatted: inert), Indent: Left: 0.5", Hanging: 0.25" Formatted: incrl Formatted: incrl Formatted: incrl Formatted: incrl (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. (Ord. 1284 §1, 1985: Ort. 1215 § 2 (part), 1979) Date: Distribution: City Clerk Asst. City Clerk Deputy Clerk Book 5.04.130 - Adjustments. (a) 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 thirty 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-thirty 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 desionee.. if tho amount of the roquootod rotund is (ivo hundred dollars, or loco, or to the city council, if tho amount of Iho roquootod rotund io in e ivo hundred i it the request of the licensee, the license collector may, in the license collector's discretion, apply a refund in an amount looc than livo hundred dollaro, 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. Formatted: Numbered + Level: 1 + Numbering Style: a, b, c,... + Start at: 1 + Alignment: Left + Aligned at: 0.5" + Indent at: 0.75" (bl The cilv manager shall send to the citv council regular reports of refunds exceeding ten thousand dollars. (c) 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.