FINAL ACTION MINUTES MONTEREY COUNTY ASSESSMENT APPEALS BOARD FRIDAY, MAY 17, W. Alisal St., 1 st Floor, Salinas, CA :00 A.M.

Transcription

1 FINAL ACTION MINUTES MONTEREY COUNTY ASSESSMENT APPEALS BOARD FRIDAY, MAY 17, W. Alisal St., 1 st Floor, Salinas, CA :00 A.M. 1. Roll Call: Russ Jeffries, Chair; Chris Daniel, Vice-Chair; Glen Alder, Board Member Wendy Strimling, Deputy County Counsel, Board Counsel Iracema Lopez, Board Clerk to the Gail T. Borkowski, Clerk of the Board of Supervisors 2. Public Comment Period: None. 3. Consent Calendar - Approve stipulations: Member Alder, the Board unanimously accepted and approved the stipulations below: Hartnell Plaza Associates / APN TRU 2005 RE I, LLC / APN Jeffrey R. Cohen / APN Carmel Bay, LLC / APN Helen O. D Oliveira & Renaldo Marques / APN Graham S. & Dorothy M. Caleb / APN Mary B. Boscoe / APN William E. Hayward / APN Alex & Guadalupe Brambila / APN Gerald & Sherri J. Hodnefield TRS / APN Robert & Michele Le Serchuk TRS / APN Georgia Byrne TR / APN Sandra T. Pepe / APN Arvind Panchal / APN Arvind Panchal / APN Arvind Panchal / APN Gemini Theater / APN Manuel & Mary Lou Oliveira / APN John L. & Joanne S. Shuman / APN Michelle E. Uquillas / APN REMOVED

2 Agenda May 17, Daniel N. Pollock / APN D.J. Dilworth TR / APN Home Depot USA Inc. / APN Juley Hull / APN John D. & Margaret J. Noonan / APN John C. Oglesby / APN Luskin Daughters 1996 Trust / APN Platium Energy/Northwest Dealer Co. / APN Paul Goddard / APN Diane M. Hernandez Broussard (aka Diane Mall) / APN Stephen W. Goldman / APN Kenneth & Donna M. Derr / APN Gregory Warnars / APN Michael H. Young / APN Richard F. & Laura J. Humphreys / APN Eric & Cynthia Meyer / APN Joseph W. Jr. & Dolores M. Callahan / APN Michael D. & Vanessa M. Denham / APN REMOVED A2012- Brian D. & Christine A. Westbrook / APN A2012- Deiter Back / APN A2012- Michael H. Young / APN A2012- Robert Castro / APN Consent Calendar - Approve withdrawals: Member Alder, the Board unanimously accepted and approved the withdrawals below, including the withdrawals received after the posting of the agenda as referenced: Stanley J. & Georgene K. Psarell TRS / APN Katherine A. Wier / APN Charles Summer Greene Studio LLC / APN Kenneth R. Baggett / APN Rodney J. & Paula R. Okamoto / APN Hotel Pacific Monterey, LLC / APN International Paper Company / APN Orchard Supply Hardware LLC / John Montgomery / APN Riggs Property, LP / APN Coast American Cooling, LP / APN Coast American Cooling, LP / APN Christoperh V. & Dana C. Vanneli TRS / APN

3 Agenda May 17, Jay R. & Allene Williams / APN Himanshu C. & Anima H. Desai TRS / APN Marc De Leon / APN Lucinda M. Mc Dermott Trust / APN Elizabeth Manzo Mccarter Trust / APN Delroy Hayunga / APN Carmed Associates, LP / APN Gregg K. Satow / APN Gregg K. Satow / APN Withdrawals received after the posting of the agenda: Suna L. Price / APN KLA Monterey Leasehold LLC / APN Other Board Matters a. Approve Assessment Appeals Meeting Minutes of January 18, BOARD ACTION: By consensus the Board continued approval of the January 18, 2013 minutes to June 21, b. Approve Assessment Appeals Meeting Minutes of March 22, BOARD ACTION: By consensus the Board continued approval of the March 22, 2013 minutes to June 21, c. Approve Assessment Appeals Meeting Minutes of April 19, BOARD ACTION: By consensus the Board continued approval of the April 19, 2013 minutes to June 21, Agreement for Extension and Waiver of Rights: d NetJets Aviation, Inc. / ACCT Member Daniel, the Board unanimously granted approval of the Agreement and Extension for Waiver of Rights for application e NetJets Aviation, Inc. / ACCT Member Daniel, the Board unanimously granted approval of the Agreement and Extension for Waiver of Rights for application f NetJets Aviation, Inc. / ACCT Member Daniel, the Board unanimously granted approval of the Agreement and Extension for Waiver of Rights for application

4 Agenda May 17, g NetJets Aviation, Inc. / ACCT Member Daniel, the Board unanimously granted approval of the Agreement and Extension for Waiver of Rights for application h Jeanne Tyler Larson / APN Member Daniel, the Board unanimously granted approval of the Agreement and Extension for Waiver of Rights for application i Safeway, Inc. / APN Member Alder, the Board unanimously denied the Agreement and Extension for Waiver of Rights and postponed the hearing on application to July 15, Member Jeffries left the dais at approximately 1:42 p.m. and returned at approximately 1:44 p.m. Member Jeffries was not present for item 27. Votes were 2-0 unless otherwise indicated. (Daniel & Alder present) Member Jeffries left the dais at approximately 1:47 p.m. and returned at approximately 1:52 p.m. Member Jeffries was not present for items 44 through 48. Votes were 2-0 unless otherwise indicated. (Daniel & Alder present) Luis Munoz / APN application to June 21, Richard S. Deyerle / APN application to June 21, Ronald W. & Patricia K. Eastman / APN Ronald W. & Patricia K. Eastman / APN Patricia K. Eastman was sworn. Larry Tack, Supervising Appraiser and Steve Cagle, Assistant Assessor were sworn on behalf of the Assessor s office. Mrs. Eastman advised no Findings of Facts are requested. After the discussion, it was determined that Application would be heard first on the base year value/decline in value and Application would be heard afterwards relative to the supplemental assessment.

5 Agenda May 17, Hearing on Application : Larry Tack gave his presentation. The following exhibits were submitted and marked for identification: Assessor Exhibit A Subject Photos for Vasquez Trail, APN ; Appeals & (6 pages) Patricia Eastman made her presentation. The following exhibits were submitted and marked for identification: Applicant s Exhibit 1 Property comparison Worksheet, 21 Vasquez Trail. Applicant s Exhibit 2 Land valuations for Vasquez lots. (1 page) Attorney Brian Finnegan was sworn and addressed the Board regarding costs. Both parties concluded their presentations and cross-examination. The Board took application under submission. Closed Session was held and the Board reported out after Closed Session on this item. Hearing on Application : Patricia K. Eastman and Attorney Brian Finnegan were previously sworn. Larry Tack, Supervising Appraiser and Steve Cagle, Assistant Assessor were previously sworn on behalf of the Assessor s office. Mrs. Eastman did not request Findings of Facts. Larry Tack gave his presentation. The following exhibits were submitted and marked for identification: Assessor s Exhibit A Family Dwelling Sales adjustment form; page of photos - APN (2 pages) (The first page of Assessor s Exhibit A, submitted for the hearing on Application is herein incorporated by reference.) Assessor s Exhibit B Distance and Travel time calculated by Google maps. (1 page) Assessor s Exhibit C Photos from MLS of 26 Potrero Trails Applicants Sales 2 (1 page)

6 Agenda May 17, Patricia Eastman made her presentation. The following exhibits were submitted and marked for identification: Applicant s Exhibit 1 Property Comparison Worksheet 21 Vasquez Trail. Applicant s Exhibit 2 Land valuations for Vasquez lots. (Applicants exhibits 1 & 2, submitted for the hearing on Application are herein incorporated by reference.) Attorney Brian Finnegan testified on behalf of the Applicant. Applicant s Exhibit 3 Deed of Conservation Easement. (26 pages) Applicant s Exhibit 4 Map Santa Lucia Preserve Phase C (1 page) Applicant s Exhibit 5 Chart of Santa Lucia Preserve Property Sales (1 page) The Board took application under submission. Closed Session was held and the Board reported out after Closed Session on this item. Member Alder, the Board found the value for application , as of the tax valuation date of June 14, 2010, to be $2,660,000. Member Alder, the Board found the value for application , as of the tax valuation date of January 1, 2011, to be $4,500, Rangaswamy Vasudevan / APN application to June 21, Bryan H. Draper / APN application to June 21, Flight Options, LLC / APN application to June 21, 2013.

7 Agenda May 17, William & Joan Mack / APN application to June 21, William E. Conner II, Trustee of The Incline Trust 1990/ APN application to June 21, Robert K. & Patricia S. Colman / APN application to June 21, David C. Bouc / APN Upon the motion of Member Daniel, seconded by Member Alder, the Board unanimously postponed the hearing on application to June 21, Rudy D. Martin / APN application to July 15, Brian Clark / APN Brian Clark / APN Brian Clark / APN Brian Clark / APN Member Daniel, the Board unanimously d postponed the hearing on applications through to June 21, Patrick J. Connolly / APN application to June 21, Robert A. Hauswirth / APN Robert A. Hauswirth / APN applications and to June 21, 2013.

8 Agenda May 17, Aaron Hill / APN application to June 21, Carmelita A. Rogers / APN application to June 21, Suna L. Price / APN BOARD ACTION: Item withdrawn. See item 4 for action Tejal C. Patel / APN application to June 21, Patricia R. Lucido / APN Member Jeffries, with Member Daniel recusing himself the Board unanimously postponed the hearing on application to June 21, (Member Daniel recused because he work for applicant.) Luskin Daughters 1996 Trust / APN BOARD ACTION: Item stipulated. See item 3 for action Heizinger Associates / APN application to June 21, (Member Jeffries absent) AUG LLC / APN application to June 21, Big Sur Preservation Alliance LLC / APN Big Sur Preservation Alliance LLC / APN Big Sur Preservation Alliance LLC / APN Big Sur Preservation Alliance LLC / APN applications through to June 21, 2013.

9 Agenda May 17, KLA Monterey Leasehold LLC / APN BOARD ACTION: Item withdrawn. See item 4 for action AUG LLC / APN AUG LLC / APN applications and to June 21, Mai S. Nguyen / APN application to June 21, Kelly A. King / APN application to June 21, Salinas Newspapers, Inc. / APN application to July 15, Comerica Bank / APN Member Alder, the Board unanimously postponed application to June 21, Wells Fargo NA / APN Member Daniel, the Board unanimously denied application due to lack of appearance Charles B. Johnson / APN application to June 21, Platinum Energy/Northwest Dealer Co. / APN application to June 21, 2013.

10 Agenda May 17, FBC, LLC / APN application to June 21, Richard D. Enemark / APN application to June 21, Granite Construction Company / APN Granite Construction Company / APN applications and to June 21, C. David II & Wanda L. Brown / APN application to June 21, Joseph N. Walter & Kathy L. Mares / APN application to June 21, Psynergy Enterprise Developments, LLC / APN Member Daniel, the Board unanimously denied application due to lack of appearance. 2-0 (member Jeffries absent) Abbot Street Investments, LLC / APN application to June 21, (Member Jeffries absent) Coast American Cooling, LP / APN application to June 21, (Member Jeffries absent)

11 Agenda May 17, Clear Channel Communications, Inc. / APN application to June 21, (Member Jeffries absent) Winegardner & Hammons, Inc. / APN application to June 21, (Member Jeffries absent) Brian J. Towersy & Marianne Cox / APN application to June 21, David M. Hall / APN application to June 21, Joan Holman / APN application to June 21, Leonard P. & Melanie O Neilll / APN application to June 21, Kevin O Shea / APN application to June 21, Ronald T. & Marianne L. Dreisbach / APN / application to July 15, 2013.

12 Agenda May 17, Robert Albanese TTEE / APN Robert Albanese TTEE / APN applications and to June 21, Frank Chiu / APN application to June 21, Douglas Bargenquast / APN application to June 21, Jamie Gerson / APN application to June 21, Sr. Deputy County Counsel Wendy Strimling requested that the Board postpone or cancel the December 13, 2013 Assessment Appeal Board meeting. 60. Closed Session BOARD ACTION: There being no objection from the Assessor s office, upon the motion of Member Daniel, seconded by Member Alder, the Board, unanimously, approved cancellation of the December 13, 2013 Assessment Appeal Board meeting date. See item 9 for Closed Session report. 61. Adjournment to Friday, June 21, 2013.