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HomeMy WebLinkAbout2012-01-25; Carlsbad Tourism Business Improvement District; 01-12-73; Proposed Ordinance Amending Chapter 3.37CARLSBAD TOURISM BUSINESS IMPROVEMENT DISTRICT AGENDA BILL AB# 01-12-73 PROPOSED ORDINANCE TO THE CARLSBAD MUNICIPAL CODE AMENDING CHAPTER 3.37 TO ADD A NEW SECTION 3,37.055 (REFUND OF ASSESSMENTS) AND AMENDING SECTION 3.12.120 (UNIFORM TRANSIT OCCPANCYTAX) CTBID STAFF ^jj/ MTG. 1-25-12 PROPOSED ORDINANCE TO THE CARLSBAD MUNICIPAL CODE AMENDING CHAPTER 3.37 TO ADD A NEW SECTION 3,37.055 (REFUND OF ASSESSMENTS) AND AMENDING SECTION 3.12.120 (UNIFORM TRANSIT OCCPANCYTAX) GENERAL ^ COUNSEL DEPT. City Mgr PROPOSED ORDINANCE TO THE CARLSBAD MUNICIPAL CODE AMENDING CHAPTER 3.37 TO ADD A NEW SECTION 3,37.055 (REFUND OF ASSESSMENTS) AND AMENDING SECTION 3.12.120 (UNIFORM TRANSIT OCCPANCYTAX) RECOMMENDED ACTION: Review proposed Carisbad Tourism Improvement District Ordinance revisions and recommend the revisions be approved by the Carisbad City Council. ITEM EXPLANATION: In June 2011, the City of Carisbad received a request for refund from Motel 6 for CTBID assessments paid in error. Motel 6 filed amended returns going back three years which resulted in a refund of $12,135. These returns were audited by CTBID staff. Since neither the City nor CTBID have a refund procedure for CTBID assessments paid in error the refund has not been processed. Proposed modificafions to the CTBID ordinance have been drafted creating an assessment refund procedure and changing from three years to one year for Transient Occupancy tax refunds. The proposed ordinance to the Carisbad Municipal Code amending chapter 3.37 and to add a new secfion 3.37.055 (refund of assessments) and amending secfion 3.12.120 (Uniform Transient Occupancy Tax) are attached at Exhibit 1, The Board should review the attached revision and if it concurs with the revisions, direct staff to take the revision fonA/ard to the City Council for adoption. In addifion, staff is recommending that the Board recommend Motel 6 be refunded the full $12,135. FISCAL IMPACT: The CTBID has adequate funds to refund the $12,135. ENVIRONMENTAL IMPACT: Pursuant to Public Resources Code secfion 21065 and CECiA Guidelines section 15738, this acfion does not consfitute a "project" within the meaning of CEQA and therefore, does not require an environmental review. EXHIBITS: 1. Proposed ordinance to tiie Carisbad Municipal Code amending chapter 3.37 and to add a new section 3.37.056 (refund of assessments) and amending section 3.12.120 {Unifomri Transient Occupancy Tax). DEPARTMENT CONTACT: Cheryl Gerhardt, 760-602-2753, chervl.qerhardtacarisbadca.qov 3 FOR CITY CLERKS USEONLY. ~~ BOARD ACTION: APPROVED • CONTINUED TO DATE SPECIFIC O DENIED • CONTINUED TO DATE UNKNOWN • CONTINUED • RETURNED TO STAFF • WITHDRAWN • OTHER - SEE MINUTES • AMENDED • 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 EXHIBIT 1 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD, CALIFORNIA, AMENDING CHAPTER 3.37 TO ADD A NEW SECTION 3.37.055 AND AMENDING SECTION 3.12.120 OF THE CARLSBAD MUNICIPAL CODE RELATING TO THE ADMINISTRATION OF REFUNDS OF ASSESSMENTS AND UNIFORM TRANSIT OCCPANCY TAX NOW, THEREFORE, the City Council of the City of Carlsbad does ordain as follows: SECTION 1: That CMC section 3.37.055 is amended to r^ad as follows: 3.37.055 - Refund of assessments. (a) When not otherwise 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 fonward 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 enror shall be made witiiin one (1) year ofthe date in which the assessment payment made in error was posted to the CTBID account. -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 EXHIBIT 1 SECTION 2: That CMC section 3.12.120 is amended to read as follows: 3.12.120-Refunds. (a) Whenever the amount of any tax, interest or penalty has been overpaid or paid more than once or has been erroneously or illegally collected or received by the city under this chapter it may be refunded as provided in subsections (b) and (c) of this section provided a claim in writing thereof, stating under penalty of perjury the specific grounds upon which the claim is founded, is filed with the tax administrator within one year of the date of payment. The claim shall be on forms fumished by the tax administrator. (b) An operator may claim a refund or take as credit against taxes collected and remitted the amount overpaid, paid more than once or erroneously or illegally collected or received when it is established in a manner prescribed by the tax administrator that the person from whom the tax has been collected was not a transient; provided, however, that neither a refund nor a credit shall be allowed unless the amount of the tax so collected has either been refunded to the transient or credited to rent subsequently payable by the transient to the operator. (c) A transient may obtain a refund of taxes overpaid or paid more than once or erroneously or Illegally collected or received by the city by filing a claim in the manner provided in subsection (a) of this section, but only when the tax was paid by tiie transient directly to the tax administrator, or when the transient having paid the tax to the operator, establishes to the satisfaction ofthe tax administrator that the transient has been unable to obtain a refund from the operator who collected the tax. (d) No refund shall be paid under the provisions of this section unless the claimant establishes his right thereto by written records showing entitlement thereto. (e) It shall be a condition that, prior to the filing of any lawsuit, of any kind whatsoever, including a claim for refund of taxes, injunction or writ of mandate or other equitable process, the payment of all taxes, interest and penalties as determined by the city council shall be required to be paid as a condition to seeking such judicial review of any tax liability. In addition, no such legal action shall be proper unless all of the administrative remedies provided by this chapter shall have first been exhausted. EFFECTIVE DATE: This ordinance shall be effective thirty days after its adoption; and ttie 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- 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 EXHIBIT 1 INTRODUCED AND FIRST READ at a regular meeting of the Carisbad City Council on the ^day of 2012. and thereafter PASSED AND ADOPTED at a regular meeting of the City Council of the City of Carisbad on the ^day of , 2012, by the following vote, to wit: AYES: NOES: ABSENT: APPROVED AS TO FORM AND LEGALITY: RONALD R. BALL, CityAttorney MATT HALL, Mayor ATTEST: LORRAINE M. WOOD, City Cleric (Seal) -3