Monterey County Assessment Appeals Board Action Minutes Thursday, March 5, 2009

Transcription

1 Monterey County Action Minutes Thursday, March 5, 2009 The Monterey County met at 9:00 a.m. in the Board of Supervisors Chambers, 168 W. Alisal Street, Salinas, California. DRAFT 1. Roll Call. Present: Russ Jeffries Chair: Chris Daniel - Vice-Chair; Glen Alder Board Member; Wendy Strimling County Counsel; Eric Bailey Assistant Assessor, Valuation; Paola L. Muñoz Board Clerk 2. Public Comment Period: None 3. Consent Calendar - Stipulations: Paola Muñoz Board Clerk, indicated that application was not signed by Counsel due to some errors. Alder, the Board continued application to April 2, Daniel, the Board accepted the following stipulations: Standard Pacific Corp / APN (Economic Unit) Cheri Gladstone / APN Kenneth & Susan Church / APN Bruce & Molly Olson / APN Randy & Annie Tung / APN Michael Avila & Patty Dowd-Avila / APN Benjamin Hooshim / APN John P. Schaub / APN Harold & Nancy Caplener / APN Martin & Tina Satow / APN Continued David Gross / APN Alan Henderson / APN Frank D. Ranells Jr. TR / APN Miriam MacLin / APN Jacob Lo & Tanya Kim / APN Caesar Aldisert / APN Linda Hanger / APN David Cearlock / APN Timothy Peck / APN Bernice Jacobs / APN Standard Pacific Corp / APN (Economic Unit)

2 Minutes March 5, Consent Calendar- Withdrawals: Alder, the Board accepted the following withdrawals: Michael J. Canan / APN Linda Seeley / APN Robert & Cecelia / APN Don & Janine Holloway / APN Gerald & Sherri Hodnefield / APN David Anderson & Kelli Foy-Anderson / APN Sammy & Kimberlee Cemo / APN Jose Solis / APN Peter & Vanich Welling / APN Paul Stivers / APN Francis & Diane O Hagan / APN Francis & Diane O Hagan / APN Thomas & Christine Sweeney / APN Nancy Sweet / APN Scott Kantor / APN Michael Kenter / APN Gozalo & Mario Alvarez / APN Steven & Valerie Petro / APN Daniel Perlstein / APN Gabriella Graham / APN Archie Robinson / APN Edward & Lois Panziera / APN Vanesa Cano / APN Continued from January 15, 2009 Avalon Villa Serra LLC APN APN Mr. David Dodd was sworn in as representative of the applicant. Mr. Eric Bailey and Mr. Richard Morris were sworn in for the Assessor s Office. Ms. Wendy Strimling, Board Counsel, asked applicant if Findings of Facts were being requested. Mr. Dodd confirmed they were requested and gave the clerk a check for $ Mr. Richard Morris, with the assistance of Mr. Eric Bailey, gave testimony. Handouts were distributed to the Board and marked as follows: Ex. 1: California Assessor s Association

3 Minutes March 5, Ex. 2: Intangibles & the Income Approach to Value Ex. 3: Rushmore Approach Ex. 4: Cushman & Wakefield Complete Appraisal. Ex. 5: Full Cash Value Ex. 6: The Value Concept Ex. 7: The Reproduction and Replacement Cost Approaches to Value Ex. 8: The Comparative Sales Approach to Value Ex. 9: The Income Approach to Value Ex. 10: Treatment of Intangible Assets and Rights Ex. 11: Preliminary Change of Ownership Report Ex. 12: Power Point Mr. David Dodd gave testimony. Handouts were distributed to the Board and marked as follows: Ex. A: Timeline of Appeal Ex. B: Letter dated October 13, 2008 with Affidavit Ex. C: Qualifications of Mr. Ryan C Edwards Ex. D: Summary Report of an Appraisal of Villa Serra, prepared by Brazos Tax Ex. E: Case Brief Ex. F: Case Brief Addenda Ex. G: RGL Forensics Report Mr. Eric Bailey requested the Board continue the matter to April 2, 2009 due to the fact that the Assessor s office had not seen most of the applicant s exhibits. Mr. Russ Jeffries, Board Chair, suggested that the hearing be set for May 21, 2009 since April s agenda is full. Alder, the Board continued the hearing to May 21, 2009 on the basis of Rule 441(h) Continued from January 15, 2009 HD Development of Maryland Inc. / APN Paola Muñoz Board Clerk: a stipulation was received and signed by Counsel. Daniel, the Board accepted the stipulation. Continued from January 15, 2009 Azita Almasi / APN Eric Bailey Assistant Assessor, Valuation: Assessor s office is still in discussion with applicant. Assessor requested continuance to April 2, 2009.

4 Minutes March 5, Continued from January 15, 2009 El El Sea LLC / APN Eric Bailey Assistant Assessor, Valuation: The applicant is going through some health problems, Assessor requested continuance to September 3, Daniel, the Board continued matter to September 3, Continued from January 15, 2009 Adobe Inn LLC / APN Continued from January 15, 2009 Htay Aung / APN Eric Bailey Assistant Assessor, Valuation: a Withdrawal is currently pending. Applicant Requests Continuance to Monday, July 20, 2009 Fargo Hotels (Pool C) Realty, LP APN APN Eric Bailey Assistant Assessor, Valuation: Assessor s office has no objection. Alder, the Board continued matter to July 20, Applicant Requests Continuance to Thursday, December 3, 2009 Wind Hotels Holdings Inc APN APN APN APN APN APN APN

5 Minutes March 5, APN APN APN APN APN APN APN APN APN APN APN APN APN Eric Bailey Assistant Assessor, Valuation: suggested item be heard in conjunction with item 73(a). The Board, Board Counsel and Assessor discussed both matters. A motion was proposed by Mr. Chris Daniel and seconded by Mr. Glen Alder for the Board to continue item 12 to July 20, 2009 and approve the Agreement for Extension and Waiver of Rights until December 3, BOARD ACTION: upon motion of Mr. Chris Daniel, seconded by Mr. Glen Alder, the Board rescinded the previous motion and instead continued item 12 to April 2, 2009 and did not approve the Agreement for Extension and Waiver of Rights due to its ambiguity Lawrence & Cathy Stewart / APN Eric Bailey Assistant Assessor, Valuation: a Withdrawal is currently pending Deborah Greenberg / APN Paola Muñoz Board Clerk: a stipulation was received and signed by Counsel. Daniel, the Board approved the stipulation Michael Dorn / APN

6 Minutes March 5, Daniel, the Board accepted the withdrawal Brenda & Danny Sullivan APN APN David & Barbara Spence / APN David & Nikki Garello / APN Alder, the Board accepted the withdrawal Tom & Eva DiMaggio / APN Daniel, the Board accepted the withdrawal Applicant Requests Continuance to a date after March 11, 2009 Randall Baker / APN Alder, the Board continued matter to May 21, Michael Caldwell / APN Eric Bailey Assistant Assessor, Valuation: a Withdrawal is currently pending Donna Wegfehrt / APN

7 Minutes March 5, Eric Bailey Assistant Assessor, Valuation: requested continuance to April 2, Applicant requests continuance to a later date George Yellich / APN J. Scott & Tamara Workman APN APN Eric Bailey Assistant Assessor, Valuation: requested continuance to April 2, Ernesto & Carol Alvero / APN Carlos Garcia Duran / APN Eric Bailey Assistant Assessor, Valuation: a Withdrawal is currently pending Fernando Gonzalez / APN Eric Bailey Assistant Assessor, Valuation: requested continuance to April 2, Stanley & Karen Hitchcock / APN

8 Minutes March 5, Paola Muñoz Board Clerk: a stipulation was received and signed by Counsel. Daniel, the Board approved the stipulation Neil Shapiro / APN Paola Muñoz Board Clerk: a stipulation was received and signed by Counsel. Alder, the Board approved the stipulation Sergio & Silvia Trejo / APN Eric Bailey Assistant Assessor, Valuation: a Withdrawal is currently pending Candice Vega / APN William Walker / APN Eric Bailey Assistant Assessor, Valuation: Assessor s Office is still in discussions with applicant. Assessor requested a continuance to April 2, Erica Walker APN : Eric Bailey Assistant Assessor, Valuation: requested continuance to April 2, APN :

9 Minutes March 5, Alder, the Board accepted the withdrawal Alma Camacho / APN Paola Muñoz Board Clerk: a stipulation was received and signed by Counsel. Daniel, the Board approved the stipulation Eduardo Estrada / APN Alder, the Board accepted the withdrawal Teresa Guzman Meza / APN Eric Bailey Assistant Assessor, Valuation: requested continuance to April 2, Hyun Kang / APN Eric Bailey Assistant Assessor, Valuation: requested continuance to April 2, Randall Barkan / APN Daniel, the Board accepted the withdrawal Karen Madsen / APN Daniel, the Board accepted the withdrawal Kristoffer Poma / APN

10 Minutes March 5, Donald Highsmith / APN Christopher Hubbard / APN Paola Muñoz Board Clerk: a stipulation was received and signed by Counsel. Alder, the Board approved the stipulation Medhat Fam / APN Eric Bailey Assistant Assessor, Valuation: a withdrawal is currently pending Miles Lundquist / APN Paola Muñoz Board Clerk: a stipulation was received and signed by Counsel. Alder, the Board approved the stipulation Thomas Wesolowski APN APN Paola Muñoz Board Clerk: a withdrawal was received and is on file for both applications. Daniel, the Board accepted both withdrawals Joy Darlene Walker / APN Paola Muñoz Board Clerk: a stipulation was received and signed by Counsel. Alder, the Board approved the stipulation.

11 Minutes March 5, Charles Gallagher / APN NOTE: This item was heard after item 4. Steve Kelley / APN Mr. Steve Kelley, applicant, was sworn in. Mr. Steve Likong, Appraiser II, was sworn in and gave presentation. Exhibits were distributed to the Board and marked Exhibit 1. Mr. Kelley gave presentation. Exhibits were distributed to the Board and marked Exhibit A. Mr. Kelley also asked Board to determine the total value of the property without any specifications of how it is broken down. The Board took matter under submission. Joseph & Rose DiRocco APN APN Paola Muñoz Board Clerk: a withdrawal was received and is on file for both applications. Alder, the Board accepted both withdrawals Robert & Julie Bullas / APN Eric Bailey Assistant Assessor, Valuation: a Withdrawal is currently pending Alvino Hernandez / APN Eric Bailey Assistant Assessor, Valuation: Assessor s office is still in discussions with applicant. Assessor requested a continuance to April 2, 2009.

12 Minutes March 5, Assessor Requests Continuance to April 2, 2009 Voltz Family Trust / APN Mehdi & Guity Ashrafi / APN Eric Bailey Assistant Assessor, Valuation: a Withdrawal is currently pending Cannery Row Hotel Development Venture, LP / APN Eric Bailey Assistant Assessor, Valuation: requested continuance to September 3, Alder, the Board continued matter to September 3, Jaup, Inc. / APN Alder, the Board accepted the withdrawal Vittoria, Inc. APN APN Paola Muñoz Board Clerk: a withdrawal was received and is on file for both applications. Alder, the Board accepted both withdrawals. Acer Mortgage, Inc. APN APN Paola Muñoz Board Clerk: a withdrawal was received and is on file for both applications. Daniel, the Board accepted both withdrawals.

13 Minutes March 5, Applicant Requests Continuance to Thursday, September 3, 2009 ExpressJet Airlines, Inc. / APN Daniel, the Board continued matter to September 3, Chris Perkins / APN John McKenney / APN Alder, the Board accepted the withdrawal. Remziye Matsu / APN Joe & Michelle Ramirez / APN Eric Bailey Assistant Assessor, Valuation: Requested application be denied due to lack of appearance. Alder, the Board denied application due to lack of appearance Marcelus Quina / APN

14 Minutes March 5, Antonio & Alicia Rocha / APN Eric Bailey Assistant Assessor, Valuation: Requested application be denied due to lack of appearance. Daniel, the Board denied application due to lack of appearance. George Madrigal / APN Eric Bailey Assistant Assessor, Valuation: Requested application be denied due to lack of appearance. Alder, the Board denied application due to lack of appearance. Andrea Herrera / APN Alder, the Board accepted the withdrawal. David Loose / APN Daniel, the Board accepted the withdrawal. Fred Hooker / APN Robert Garcia / APN Eric Bailey Assistant Assessor, Valuation: Requested application be denied due to lack of appearance.

15 Minutes March 5, Daniel, the Board denied application due to lack of appearance William Bickel / APN Eric Bailey Assistant Assessor, Valuation: Assessor s office is still in discussions with applicant. Assessor requested a continuance to April 2, Helen Hughes / APN Results of Closed Session Woodpecker Holdings The Board took matter under submission. # Steve Kelley / APN Alder, the Board set the fair market value at $870, Other Board Matters: Note: Matter 73 (a) was addressed under item 12 a. Approve Agreement for Extension and Waiver of Rights and set hearings for Thursday, December 3, 2009: Wind Hotel Holdings Inc. (Applications: , , , , , , , , , , , , , , , , , , , ) Note: This matter was heard after item 71 b. Approve minutes of February 5, Ms. Wendy Strimling, Board Counsel, had some corrections to suggest. Daniel, the Board approved the minutes of February 5, 2009 as amended by Counsel. (Mr. Russ

16 Minutes March 5, Jeffries, Chair, abstained) 74. Order for Adjournment The Board adjourned the meeting to Thursday, April 2, FUTURE MEETINGS Thursday, May 21, 2009 Monday, July 20, 2009