As of July 21, 2017 the Beach Parking Impact Fee refund process is well underway and we have been able to successfully refund 3,514 property holders that are eligible. Currently, BNY Mellon has an estimated 545 submittals that are not in good order and BNY Mellon are actively working with the property holders to remedy. There are about 500 submittals that are not in good order and BNY Mellon will need to initiate contact (via phone/email) with these property holders in the coming weeks. Due to the complexity of each submittal, BNY Mellon is working meticulously with each eligible property holder to assist in submitting a complete refund packet. This attention takes time; we ask for your patience while these issues are worked out.
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Frequently Asked Questions:
- This is not a scam, if you want more information on why the City is conducting a refund, refer to the information below. The official City notice will ask you to send documents to the address noted here. Please ensure you mail all documents to this address:
The Bank of New York Mellon
111 Sanders Creek Parkway
East Syracuse, NY 13057
ATTN: Reorg Operations
UPDATED INFORMATION! - Per Court order, refund checks will be made out to the property owner(s) of record per the July 1, 2014 tax roll, which would reflect ownership of the property as of January 1, 2014 If a property is owned by 2 or more individuals, the check will be made out to both or all those individuals. If the property owner of record is a Trust, the check will be made out to the Trust.
Once all completed documents are received by Bank of New York Mellon (BNY Mellon), please allow up to 60 days to process and receive a check.
W-9 Form – The W-9 Form is required to report to the IRS the portion of the refund that is related to interest. If you have any questions related to the W-9 form, please read the line by line instructions provided with the form. If you have further questions, please seek advice from a tax advisor. The City cannot provide tax advice.
The property was owned by 2 or more individuals - All individuals must sign the Attestation and Acknowledgment Form in order to receive a refund check.
One of the property owners is now deceased – UPDATED INFORMATION! - Please note which individual is deceased on the Attestation and Acknowledgment Form that you mail in, in the spot where you would have included the signature of the other property owner(s). In addition, the survivor must submit an original or certified copy of the Death Certificate and a Letter of Probate. (Please note that BNY Mellon reserves the right to request additional supporting documents).
Property owners are now divorced - both signatures are required on the Attestation and Acknowledgment Form. Each owner may submit a separate Attestation and Acknowledgment Form with their respective signatures. Once the City has two executed forms, it will issue a check made payable to both property owners.
Submitting information for property owned by a TRUST – UPDATED INFORMATION! – You must submit information from the Trust Agreement along with your Attestation and Acknowledgment Form; however, only a few pages of the Trust agreement are required: (1) the page showing the name of the trust; (2) the page showing the name of the trustee; and (3) the signature page. If the TRUST name on your forms is not accurate, please submit the TRUST pages noted, and the payment will be updated to match the legal name of the trust as listed in the TRUST agreement.
Mailing address has changed – Please complete and sign the Mailing Address Change Form at the bottom of the Attestation and Acknowledgment Form, and include in the mailing to BNY Mellon.
Incorrect Spellings – If a mailing address is spelled incorrectly, please complete, sign and submit the Mailing Address Change Form, as noted above. Incorrect spellings of the property address for which the refund is occurring will not impact the refund and will not need to be updated unless it is also your mailing address.
Beach Parking Impact Fee Background Information:
Pursuant to the California Superior Court’s order (the “Order”) in the Walker v. San Clemente matter, the City of San Clemente (the “City”) has begun the process of preparing to refund the appropriate property owners whose property was billed for the Beach Parking Impact Fee (the “BPIF”). The original payment of the fee may have been made by the current property owner, a prior property owner or the original developer. In any case, in accordance to the order, the property owner referencing the County Assessors Property Tax list on July 1, 2014 will be eligible for the refund. For your reference and for more information, please click on the following link to read the Order that the City is complying with.
Please refer to the following links that identify the property addresses that will be eligible for the refund. We have provided two different sets of data to identify these properties: 1) list of addresses with the date the BPIF was levied and the amount paid; 2) a map that identifies the properties eligible for the refund and the year the BPIF was collected.
Next steps: the City will be doing a mailing to all applicable property owners to communicate the specific steps that will be necessary to process a refund. Per the Order, interest will be allocated to property owners in addition to the principal BPIF amount collected. Since interest is included in the refund, all eligible property owners seeking reimbursement will be required to complete a W9 tax form prior to receiving the refund.
As the City progresses with the BPIF refund process, this webpage will be updated accordingly. Please visit http://www.san-clemente.org/BPIF periodically for updated content.
Additional legal documents related to the Walker v. San Clemente matter:
- Walker Minute Order - Motion For Attorney Fees - 2014
- Walker Minute Order - Motion For Attorney Fees - 2016
- Attorneys' Fee Award Calculation
Inquiries concerning refund eligibility for parcels that are not included on the above parcel map/list may request an appeal for staff review. Please submit your appeal in writing, along with supporting documentation, to Bpifrefund@san-clemente.org
If you have any additional questions, please direct all inquiries to the following email address: Bpifrefund@san-clemente.org