Minutes - Board - 2011-06-23 (2): ah a .
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MINUTES OF THE COSTA MESA SANITARY DISTRICT
COSTA MESA, CALIFORNIA
June 23, 2011
A regular meeting of the Board of Directors of the Costa Mesa Sanitary District was held on
June 23, 2011 at 5:30 p.m. in the Board Conference Room at 628 W. 19th Street, Costa Mesa, California.
Directors present: Robert Ooten, Jim Ferryman, Mike Scheafer, Jim Fitzpatrick, Art Perry
Directors absent:
SEWER REFUND —PARCEL #427- 291 -01 136
Ms. Revak reported on an overpayment of sanitary assessment charges on parcel
number 427 - 291 -01, 3158 Red Hill Avenue for the past nine years.
The owner was erroneously charged fees using the calculation of the land area
instead of the structure improvement area. The land area of 56.541 square feet is
more than twice the structure improvement area of 21.328 square feet. Ms. Revak
provided documentation received from the property owner. District Counsel opined
that 2010 -2011 sanitary assessment should be refunded, however, as the statute
of limitations ran out on previous years, refunds of overpayments for years prior to
2010 -2011 could constitute a gift of public funds and should not be issued.
The total overpayment for the past nine years is $8,192.64 and the refund for
property tax year 2010/2011 in the amount of $1,356.41 is being processed by the
County. The remaining total overpayment, $6,836.23 for property tax years 2002-
2010, is requested by Ms. Kincaid.
Director Scheafer moved to deny the request for a refund of property taxes paid for
tax years 2002 -2010, in keeping with the District's Operation Code that it could be
perceived as a gift of public funds. Director Ferryman seconded the motion. The
motion carried 5 -0. The refund for property tax year 2010 -2011 in the amount of
$1,356.41 was processed by the County.
STATE OF CALIFORNIA)
)SS.
COUNTY OF ORANGE )
I, JOAN REVAK, Clerk of the Costa Mesa Sanitary District, hereby certify that the foregoing
is a full, true and correct copy of the minute entry on record in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and seal this 27th day of
July 2011
ce(Vanager /Clerk of the District
Costa Mesa Sanitary District
Joan Revak
From: Janel Jackson
Sent: Wednesday, May 11, 201110:25 AM
To: Joan Revak; Sherry Kallab; Teresa Gonzalez
Subject: FW: Refund of overpayments
Attachments: Sanitary Assessment overpayments.xisx
Importance: High
Hi Joan
The owners of the commercial property at 3158 Redhill Avenue would like this in May's Board packet. I have suggested
she obtain her paid receipts (at least the last 4 minus current year) showing they paid their tax bill for the years in
question. I have sent a correction letter to Mary Manson at the County for a refund of this year (2010/2011) in the
amount of $1,356.41. Please let me know if you need any additional information from me. Thank you!
,Janel A. ,Jackson I Permit Processing Department
Costa 9Wesa Sanitary District
628 W. 19th Street, Costa Mesa, CA 92627
Ph. 949 - 645 -8400 1 Fax 949 - 650 -2253
Website: www.crosdca.eov
From: Kristen Kincaid [ mailto:tkkincaid @sbcglobal.net]
Sent: Wednesday, May 11, 20119:49 AM
To: Janel Jackson
Cc: Lloyd Warman
Subject: Refund of overpayments
Dear Board of Directors,
I am writing to request a refund of overpayment on the Sanitary Assessment charged on parcel number 427 - 291 -01, 3158
Red Hill Avenue, Costa Mesa. It has come to my attention that the Sanitary Assessment fee has, for many years now,
been erroneously calculated using the land area instead of the stucture improvement area. The land area, 56,541 square
feet, is more than twice that of the structure improvement area of 21,328 square feet.
I have been speaking with Janel Jackson and it is my understanding that a refund of the overpayment for the 2010/2011
Sanitary Assessment fee is being processed. Attached please find a historical account of overpayments since 2002,
which I'm also submitting for refund. Over the past nine years the erroneous calculation has resulted in overpayments
exceeding $8,100.00.
Thank you for your attention to this matter.
Sincerely,
Lloyd Warman and Kristen Kincaid
707.337.6611
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