HomeMy WebLinkAbout2011-05-10; City Council; 20539; AMENDING CODE ADMINISTRATION REFUNDS/ADJUSTMENTSCITY OF CARLSBAD - AGENDA BILL
AB#
MTG.
DEPT.
20,539
5/10/11
CA
AMENDING SECTION 3.32.030 AND
5.04.130 OF THE CARLSBAD
MUNICIPAL CODE PERTAINING TO
ADMINISTRATION OF REFUNDS AND
ADJUSTMENTS
DEPT. DIRECTOR
CITY ATTORNEY
CITY MANAGER
RECOMMENDED ACTION:
Introduce Ordinance No. CS-142 amending CMC sections 3.32.030 and 5.04.130, authorizing
the City Manager to refund monies that were paid or collected by, but not actually due to the
city at the time the funds were received, such as overpayments and duplicate payments.
ITEM EXPLANATION:
At its meeting of Tuesday, March 22, 2011, the City Council referred this proposed ordinance to
the City Attorney to be redrafted in the following ways:
1. Allow the City Manager to authorize refunds in any amount for monies erroneously paid or
collected, but not due, to the city.
2. Cause the City Manager, or designee, to make written findings supporting such refunds and
provide the City Council with a regular report on refunds that exceeded $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 due 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. CS-142, 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: Ron Ball 760-434-2891 ron.ball@carlsbadca.qov
FOR CITY CLERKS USE ONLY.
COUNCIL ACTION: APPROVED
DENIED
CONTINUED
WITHDRAWN
AMENDED
D
D
D
CONTINUED TO DATE SPECIFIC
CONTINUED TO DATE UNKNOWN
RETURNED TO STAFF
OTHER -SEE MINUTES
As Amended
D
D
D
ORDINANCE NO. CS-142
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF CARLSBAD, CALIFORNIA, AMENDING
SECTIONS 3.32.030 AND 5.04.130 OF THE
4 CARLSBAD MUNICIPAL CODE RELATING TO THE
ADMINISTRATION OF REFUNDS
5
2
3
6
7 ordain as follows:
8
SECTION 1: That CMC section 3.32.030 is amended to read as
9
follows:
10 '
11
12
13
received, such as overpayments or duplicate payments.
14
22
23
24
25
26
EXHIBIT 1
NOW, THEREFORE, the City Council of the City of Carlsbad does
3.32.030 Refunds.
(a) When not otherwise prohibited by law, the city manager may authorize a
refund in an amount up to $25,000 for monies that were erroneously paid
to or collected by, but not actually due to the city at the time the funds were
(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
15
16 ..
request.
17
(c) The finance director shall investigate the request and forward the request
and his recommendation to the city manager or his/her designee.
19
(d) The city manager or designee shall make written findings that supports the
20 authorization for refund and shall send to the city council regular reports of
refunds exceeding ten thousand dollars.
21
(e) The city manager may also authorize a refund 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 the27 (i
refund of any remaining balance.
28
-1 -
1
2
3
SECTION 2: That CMC section 5.04.130 is amended to read as follows:
4
5.04.130 Adjustments.
25
26
27
28
EXHIBIT 1
(f) Upon receipt of proper authorization, the finance director shall make the
refund.
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23 ///
24
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 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 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. 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 reserves the right to pass upon and in his/her 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.
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.
///
///
///
///
-2-
EXHIBIT 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
INTRODUCED AND FIRST READ at a regular meeting of the
Carlsbad City Council on the 10th day of May, 2011, and thereafter
PASSED AND ADOPTED at a regular meeting of the City Council of
the City of Carlsbad on the day of , 2011, by the following
vote, to wit:
AYES:
NOES:
ABSENT:
APPROVED AS TO FORM AND LEGALITY:
RONALD R. BALL, City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(Seal)
-3-