AgdaPkt 2012-09-10 - Laserfiche WebLink

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6.5.B. - Page 1 RE PO RT To the Honorable Mayor and City Council From the Cit Mana er September 10, 2012 SUBJECT An Ordinance Amending Chapter 1 and Chapter 32 of the Redwood City Code Relating to Claims against the City RECOMMENDATION Waive First Reading and Introduce an Ordinance Amending Chapter 1 and Chapter 32 of the Redwood City Code Relating to Claims against the City. BACKGROUND The provisions in the Municipal Code specifying how claims against the City must be filed, including claims for refunds, and of taxes paid, have not been updated for some time. Several lawsuits filed against other cities have brought to the City's attention the need to clarify Redwood City's provisions to clearly set forth requirements for claims against the City. ANALYSIS These revisions are procedural in nature and therefore do not require additional authorization from the voters. The proposed ordinance provides: • No suit may be filed unless a claim has first been filed and acted on by the City. • A claim must be signed and verified by the claimant so no class actions may be filed against the City. Additionally for claims for refunds of taxes: • The tax, including all penalties and interest must have been paid before filing the claim. • The claimant must have exhausted administrative remedies by following appeals procedures. • For service suppliers who collect a tax from others (service users), such as with the transient occupancy tax, utility users tax and communications users tax, the service suppliers must have already refunded the amount claimed to the service user.