HomeMy WebLinkAbout2012-06-05; City Council; 20921; Ordinance to Carlsbad Municipal Code Amending Chapter 3.37 to Add a New Section 3.37.055 Refund of AssessmentsCITY OF CARLSBAD - AGENDA BILL
AB# 20,921 ORDINANCE TO THE CARLSBAD
MUNICIPAL CODE AMENDING
CHAPTER 3.37 TO ADD A NEW
SECTION 3.37.056 (REFUND OF
ASSESSMENTS)
DEPT. HEAD
MTG. 6/5/12
ORDINANCE TO THE CARLSBAD
MUNICIPAL CODE AMENDING
CHAPTER 3.37 TO ADD A NEW
SECTION 3.37.056 (REFUND OF
ASSESSMENTS)
CITY ATTY. C^g.
DEPT. CITY MGR
ORDINANCE TO THE CARLSBAD
MUNICIPAL CODE AMENDING
CHAPTER 3.37 TO ADD A NEW
SECTION 3.37.056 (REFUND OF
ASSESSMENTS)
CITY MGR.
RECOMMENDED ACTION:
1. Introduce Ordinance No. CS-185 which amends Chapter 3.37 to add a new section 3.37.055 (refund
of assessments).
ITEM EXPLANATION:
Currently neither the City nor the CTBID have a refund procedure for CTBID assessments paid or
collected in error. Proposed modifications to the CTBID ordinance have been drafted creating an
assessment refund procedure. The attached ordinance to the Carlsbad Municipal Code amending
Chapter 3.37 adds a new section 3.37.055 to allow for a refund of erroneously paid or collected
assessments.
The ordinance changes were presented to the CTBID Board at its January 25* meeting and the CTBID
Board is recommending the City Council approved the modifications.
FISCAL IMPACT:
Adding a claims period with a one year limitation will bring more predictability and certainty to budgeting
from year to year.
ENVIRONMENTAL IMPACT:
The proposed approval of the annual report does not qualify as a "project" under the 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. Ordinance No. CS-185 amending Chapter 3.37 to add a new section 3.37.055 (refund of
assessments).
DEPARTMENT CONTACT: Cheryl Gerhardt, 760-602-2430 chervl.gerhardt(S).carlsbadca.gov
FOR CITY CLERKS USE ONLY. X COUNCIL ACTION: APPROVED X CONTINUED TO DATE SPECIFIC •
DENIED • CONTINUED TO DATE UNKNOWN •
CONTINUED • RETURNED TO STAFF •
WITHDRAWN • OTHER - SEE MINUTES •
AMENDED •
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EXHIBIT 1
ORDINANCE NO. CS-185
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
CARLSBAD, CALIFORNIA, AMENDING CARLSBAD
MUNICIPAL CODE CHAPTER 3.37 TO ADD A NEW
SECTION 3.37.055 RELATING TO THE ADMINISTRATION
OF REFUNDS OF ASSESSMENTS
NOW, THEREFORE, the City Council of the City of Carlsbad does
ordain as follows:
SECTION 1: That CMC section 3.37.055 is added to read as follows:
3.37.055 - Refund of Assessments.
(a) When not othen^/ise prohibited by law, the CTBID Advisory Board
may authorize a refund in any amount for assessment monies that
were erroneously paid to or collected by, but not actually due to the
CTBID at the time the funds were received, such as overpayments or
duplicate payments.
(b) A written request for refund, signed by the person paying the fee
shall be filed with the City of Carlsbad Finance Director (Finance
Director) setting forth the facts and reasons which justify the request.
(c) The Finance Director shall investigate the request and foHA^ard the
request and his/her recommendation to the CTBID Advisory Board.
(d) The CTBID Advisory Board shall make written findings that supports
the authorization for refund and shall send to the City of Carlsbad
City Manager regular reports of assessments refunds exceeding ten
thousand dollars.
(e) Upon receipt of proper authorization, the Finance Director shall make
the assessment refund.
(f) All requests for refund of assessments fees paid in error shall be
made within one (1) year of the date in which the assessment
payment made in error was posted to the CTBID account.
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EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption,
and the City Clerk shall certify to the adoption of this ordinance and cause the full text of the
ordinance or a summary of the ordinance prepared by the City Attorney 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 5* day of June, 2012, and thereafter.
PASSED, APPROVED AND ADOPTED at a Regular Meeting of the City Council of the
City of Carlsbad on the day of , 2012, by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
APPROVED AS TO FORM AND LEGALITY
RONALD R. BALL. City Attorney
MATT HALL, Mayor
ATTEST:
LORRAINE M. WOOD, City Clerk
(SEAL)