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HomeMy WebLinkAbout2012-03-13; City Council; 20842; REFUND OF CTBID ASSESSMENT MOTEL 6CITY OF CARLSBAD - AGENDA BILL AB# MTG. DEPT. 20,842 3-13-12 FINANCE REFUND OF CTBID ASSESSMENT 11 DEPT. HEAD CITY ATTY. CITY MGR. \ix^ RECOMMENDED ACTION: Adopt Resolution No. 2012-065 approving the refund to Motel 6 of CTBID assessments in the amount of $12,135. ITEM EXPLANATION: In June 2011, the City of Carlsbad received a request for refund from Motel 6 for Carlsbad Tourism Business Improvement District (CTBID) assessments paid in error. Motel 6 filed amended returns going back three years which resulted in a refund due of $12,135. These returns were audited by City staff to verify the amount due. The refund request was presented to the CTBID Board at its January 25^*^ meeting and the CTBID Board recommends that the City Council approve the refund of $12,135 to Motel 6. FISCAL IMPACT: The CTBID fund has adequate funds in reserves to refund the $12,135. ENVIRONMENTAL IMPACT: The proposed approval ofthe annual report does not qualify as a "project" underthe California Environmental Quality Act (CEQA) per State CEQA Guidelines Section 15378 as it does not result in a direct or reasonable foreseeable indirect physical change in the environment. EXHIBITS: 1. Resolution No. 2012-065 . approving the refund to Motel 6 of CTBID assessments in the amountof $12,135. DEPARTMENT CONTACT: Cheryl Gerhardt, 760-602-2753 chervl.oerhardt^carlsbadca.oov FOR CITY CLERKS USE ONLY. COUNCIL ACTION: APPROVED CONTINUED TO DATE SPECIFIC • DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER-SEE MINUTES • AMENDED • COUNCIL RECEIVED THE REPORT/PRESENTATON • EXHIBIT 1 RESOLUTION NO. 2012-065 1 20 21 22 23 24 25 26 27 2 A RESOLUTION OF THE CITY OF CARLSBAD APPROVING REFUND OF CTBID ASSESSMENT PAID IN ERROR TO MOTEL 6 3 4 II ^ WHEREAS, the CTBID was formed in accordance with the California , Government Code Parking and Business Improvement Area Law of 1989 (Sections 6 y 36500, et. Seq. ofthe Streets and Highways Code), and 8 WHEREAS, members of the CTBID must remit assessment to the City of 9 Carlsbad for $1 per room night, and WHEREAS, Motel 6 filed returns that resulted in an overpayment due to an error in payment of assessment on exempt rooms, and WHEREAS, Motel 6 has amended the returns and is requesting a refund ofthe amounts paid in error in the amount of $12,135, and WHEREAS, the CTBID Board is recommending that the City refund the full amount to Motel 6. 10 11 12 13 14 15 16 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of lg Carlsbad, California, as follows: 19 1. That the above recitations are true and correct. 2. That the Finance Director is directed to refund $12,135 to Motel 6. /// /// /// /// /// /// 28 ^ 1 PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council 2 of the City of Carlsbad on the 13*^ day of March, 2012, by the following vote to wit: 3 4 5 6 7 8 9 10 AYES: Council Members Hall, Kulchin, Blackburn, Douglas and Packard. NOES: None. ABSENT: None. 11 MATt HALL, Mayor 12 ATTEST: 13 14 15 ^^/nrrzC^ AINE M. WOOD, City Clerk (SEAL) 16 17 18 i.'^-'''<^''''\''i^^^<?-^ 19 20 21 22 23 24 25 26 27 28