Res 11-056RESOLUTION NO. 11 -056
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF POWAY, CALIFORNIA,
SUSPENDING THE IMPOSITION AND COLLECTION OF STORMWATER
PROGRAM CHARGES AND ESTABLISHING CLAIMS PROCEDURES
FOR THE OVERPAYMENT OF CHARGES
WHEREAS, in 2007, the City Council, by Ordinance No. 667, in order to fund
operations of the City of Poway stormwater system, and to meet the requirements imposed
by the State of California Water Resources Control Board, San Diego Regional Water
Quality Control Board, established stormwater program charges, applicable to each solid
waste residential and commercial account in the City of Poway; and
WHEREAS, the City Council has determined that the stormwater program charges
adopted by Ordinance No. 667 may have been adopted under procedures previously
believed to be acceptable, based on the laws existing at the time of adoption, but which
would not, now, be legally - acceptable procedures for the imposition of the charges; and
WHEREAS, the City Council believes that it is necessary for the repeal of Ordinance
No. 667 and, prior to the effective date of an ordinance repealing Ordinance No. 667, that
the City should cease the imposition and collection of the stormwater program charges;
- and
WHEREAS, the City Council has determined that it is beneficial to the public to
provide a method for residential and commercial solid waste customers to obtain a refund
of all or part of the stormwater program charges paid pursuant to Ordinance No. 667,
during the twelve -month period immediately preceding the effective date of this Resolution;
that claims should be in compliance with Chapter 1.18 of the Poway Municipal Code; and
that claims for refunds should be processed efficiently and effectively by City staff;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Poway
as follows:
Section 1. The City Manager is hereby directed to immediately cease the
imposition and collection of stormwater program charges imposed by Ordinance No. 667.
Section 2. Each residential and commercial solid waste customer, who has paid
stormwater program charges at any time during the twelve -month period immediately
preceding the effective date of this Resolution (the "Overpayment "), and who submits a
complete and timely claim for refund of such Overpayment, and executes such waivers and
releases required by the City, shall be entitled to a refund of the amount paid.
Notwithstanding Chapter 1. 18, a claim shall be considered "timely" if it is submitted to the
City not later than one year following the effective date of this Resolution.
Section 3. All claims for refund of the Overpayment shall be made in compliance
with Chapter 1. 18, provided, however, that the City Manager shall cause to be prepared
and made available to all claimants a special claim form for the refund of the Overpayment.
The City Attorney is directed to prepare such necessary and appropriate waivers and
releases to fully and finally settle all claims submitted for the refund of a customer's
Overpayment, to be available to each claimant at the time the claim is submitted.
Reso No. 11 -056
Page 2
PASSED, ADOPTED AND APPROVED by the City Council of the City of Poway
at a regular meeting this 18 day of October, 2011.
4y�
Don Higginson, Ma or
ATTEST: - _
Tina M. White, Deputy City Clerk
STATE OF CALIFORNIA )
)SS
COUNTY OF SAN DIEGO )
I, Tina M. White, Deputy City Clerk of the City of Poway, do hereby certify under
penalty of perjury that the foregoing Resolution No. 11 -056 was duly adopted by the City
Council at a meeting of said City Council held on the 18 day of October, 2011, and that it
was so adopted by the following vote:
AYES: BOYACK, GROSCH, MULLIN, CUNNINGHAM, HIGGINSON
NOES:
ABSENT:
DISQUALIFIED:
UV
Tina M. White, Deputy City Clerk
City of Poway