FINAL ACTION MINUTES MONTEREY COUNTY ASSESSMENT APPEALS BOARD FRIDAY, OCTOBER 18, 2013 168 W. Alisal St., 1 st Floor, Salinas, CA 93901 9:00 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: BOARD ACTION: Upon the motion of Member Daniel, seconded by Member Alder, the Board unanimously approved to move item 7 to stipulations. BOARD ACTION: Upon the motion of Member Daniel, seconded by Member Alder, the Board unanimously accepted and approved the stipulations below, including stipulations received after the posting of the agenda: 11-840 Salvador O. Gutierrez & Mary Anderson / APN 239-121-002 Scott M. Gibson / APN 239-091-043 00011 Nancy A. Budd / APN 007-612-056 00028 Ian & Charlotte A. Priestnell / APN 173-074-029 00036 Alpine Bear Creek, LP / APN 007-072-009 00040 Steve A. Mickel / APN 008-081-012 00081 Chris G. & Kathleen J. Davis / APN 026-201-022 00232
Agenda October 18, 2013-2 - Donald W. Gerrard / APN 125-481-001 00239 Chris G. & Kathleen J. Davis / APN 026-184-003 00274 Javed Munir / APN 139-341-047 00419 A2013- Catherine B. Pham / APN 007-693-007 00005 Stipulation received after the posting of the agenda: 11-817 Seaside Laguna Limited % Atrium Finance/ Atrium Hotel / APN 860-001-785 (#7) 4. Consent Calendar - Approve withdrawals: Member Daniel, the Board unanimously approved to move items 8,10,11 and 13 to withdrawals. Member Daniel, the Board unanimously added application 00097 and 00146 to today s agenda. Member Daniel, the Board unanimously accepted and approved the withdrawals below, including the withdrawals received after the posting of the agenda and withdrawals added to the agenda: Roger W. & Mary A. Kieffer / APN 006-141-001 000033 Charleson Woodworth Trust / APN 007-092-013 00034 Billy R. & Asuman Johnson / APN 014-011-002 00057 Marina Center Apartments / APN 032-091-055 00076 Good Nite Inn Salinas, Inc. / APN 003-011-048 00077 Ira A. Lewis / APN 007-612-054 00087 Jeffrey D. Morgan / APN 009-471-006 00103 Grocery Outlet/68 / APN 261-421-008 00121 James C. Pavelle / APN 033-081-078 00169
Agenda October 18, 2013-3 - Dinah M. Irinol / APN 125-471-003 00189 Giacomo J. or Lila M. Vazzolo / APN 422-101-028 00201 P & S Real Estate Co. / APN 011-542-004 00295 A2013- Kitoshi Yonemitsu / APN 416-131-027 00098 Withdrawals received after the posting of the agenda: Helen Hughes / APN 157-171-041 (#8) 00032 Hal Lester / APN 420-171-004 (#10) 00037 Flocchini Associates, LLC / APN 033-281-024 (#11) 00038 Edward Schellinck / APN 229-061-030 (#13) 00041 Thomas Olt / APN 006-259-010 (to be added to agenda) 00097 Adrian & Penelope Bellamy / APN 157-171-044 (to be added to agenda) 00146 5. Member Daniel left the meeting at approximately 1:37 p.m. after the readout of application 00055. Therefore member Daniel was not present on items 7 through 38, except for item 19 which was read immediately following item 6. Votes were 2-0 unless otherwise indicated on items 7 through 38. (Alder & Jeffries present.)* 6. 11-723 11-724 Lee Arioto / APN 109-451-006 Lee Arioto / APN 109-451-005 Attorney Timothy Morgan appearing on behalf of Applicant was sworn. Mr. Morgan paid the $500 deposit for Findings of Fact. Steve Cagle, Assistant Assessor and Juan Rodriguez, Appraiser II were sworn on behalf of the Assessor s office. Mr. Morgan made his presentation on behalf of the Applicant. The following exhibits were submitted and marked for identification on behalf of the Applicant: Applicant s Exhibit 1 Group Exhibit (14 pages) Letter Brief Re: Appraisal Appeal for APN s 109-415-005 and 109-451-006 (9 pages) Nancy Isakson Declaration (2 pages)
Agenda October 18, 2013-4 - Grape Purchase Contract Amendment January 9, 2007 (1 page) Grape Purchase Contract Amendment February 8, 2008 (1 page) Arioto-Basio Partnership 109-451-006 and 109-451-005 (1 page) Steve Cagle and Juan Rodriguez presented on behalf of the Assessor s office. The following exhibits were submitted and marked for identification on behalf of the Assessor: Assessor s Exhibit A Appeal Summary 11-723 and 11-724 Owner Record; Arioto Lee & Barbara Trs Et AL Assessor Parcel Numbers 109-451-005 and 109-451-006 Date of Valuation: January 1, 2011 Both parties concluded their presentations, cross-examination and closing statements. Pursuant to the Board s request, Mr. Morgan signed an Agreement for Extension of Waiver of Rights for applications 11-723 and 11-724. BOARD ACTION: Upon motion of Member Daniel, seconded by Member Alder, the Board unanimously accepted the Agreement and Extension for Waiver of Rights for applications 11-723 and 11-724. The Board took application 11-723 and 11-724 under submission. There was no report from Closed Session for applications 11-723 and 11-724. 7. 11-817 Seaside Laguna Limited % Atrium Finance / Atrium Hotel / APN 860-001-785 BOARD ACTION: Item Stipulated. See item 3 for action. 8. 00032 9. 00035 Helen Hughes / APN 157-171-041 Hartnell Plaza Associates / APN 016-081-007 application 00035 to November 15, 2013.
Agenda October 18, 2013-5 - 10. 00037 11. 00038 12. 00039 13. 00041 14. 00042 15. 00043 16. 00044 00045 17. 00049 18. 00053 Hal Lester / APN 421-171-004 Flocchini Associates, LLC/ APN 033-281-024 James Hanlon, Trs. / APN 173-073-053 application 00039 to November 15, 2013. Edward Schellinck / APN 229-061-030 BHRIJ Hospitality, LLC / APN 001-613-010 application 00042 to November 15, 2013. Brown Brothers Harriman Trust Co. of Delaware / APN 419-261-011 application 00043 to November 15, 2013. Sharon Damon / APN 243-251-024 BOARD ACTION: Upon the of Member Alder, seconded by Member Jeffries, the Board unanimously postponed the hearing on application 00044 to November 15, 2013. Sharon Damon / APN 243-311-013 BOARD ACTION: Upon the of Member Alder, seconded by Member Jeffries, the Board unanimously postponed the hearing on application 00045 to November 15, 2013. Mark Boen / APN 011-553-023 application 00049 to November 15, 2013. A W Rogers Hawley / APN 011-535-025 application 00053 to November 15, 2013.
Agenda October 18, 2013-6 - 19. 00055 Robert Faussner / APN 010-269-003 Robert Faussner, Applicant was sworn. Mr. Faussner advised no Findings of Facts are requested. Steve Cagle, Assistant Assessor and Laurie Stone, Senior Appraiser were sworn on behalf of the Assessor s office. Mr. Faussner made his presentation on behalf of the Applicant. The following exhibits were submitted and marked for identification on behalf of the Applicant: Applicant Exhibit 1 Group Exhibit Monterey County Assessment Appeals Board Hearing Date: October 18, 2013 Application: 00055/APN 010-269-003 Applicant: Robert E. Faussner Property: Carmelo 2 SW of 8 th Carmel-by-the-Sea, CA Laurie Stone made her presentation on behalf of the Assessor s office. The following exhibits were submitted and marked for identification on behalf of the Assessor s: Assessor s Exhibit A Appeal Summary AAB#: 12-055 Hearing Date: October 18, 2013 Owner: Robert E. Faussner, Tr. APN: 010-269-003 Both parties concluded their presentations, cross-examination and closing statement. The Board took application 00055 under submission. Closed Session was held and the Board reported out after Closed Session on this item. BOARD ACTION: Upon the motion of Member Daniel, seconded by Member Alder, the Board unanimously found the value of the property as of the tax valuation date of January 1, 2011, to be $2,800,000.
Agenda October 18, 2013-7 - 20. 00082 00083 21. 00086 22. 00089 23. 00091 24. 00095 25. 00099 26. 00118 27. 00119 28. 00122 Steven Mickel / APN 001-953-010 Steven Mickel / APN 001-463-032 applications 00082 and 00083 to November 15, 2013. Brenda Snow / APN 189-561-032 Camilo Calinawan / APN 139-291-003 application 00089 to November 15, 2013. Amy & Michael McClintock / APN 033-076-009 application 00091 to November 15, 2013. Yusuke & Mackiko Ikegami / APN 139-441-014 application 00095 to November 15, 2013. Pacific Grove Real, LLC c/o Giovannotto, Sal / APN 006-214-005 application 00099 to November 15, 2013. Phil Billiet / APN 011-464-016 application 00118 to November 15, 2013. LN Real Estate, LLC / APN 002-954-024 application 00119 to November 15, 2013. Carmel Candle Power, LTD / APN 010-136-022 application 00122 to January 17, 2014.
Agenda October 18, 2013-8 - 29. 00129 00130 00131 30. 00135 31. 00158 00159 32. 00160 00161 33. 00168 34. 00289 35. 00361 OCM Lighthouse Lodge, LLC c/o Orix Capital Markets, LLC / APN 006-114-001 OCM Lighthouse Lodge, LLC c/o Orix Capital Markets, LLC APN 006-111-001 OCM Lighthouse Lodge, LLC c/o Orix Capital Markets, LLC APN 006-111-003 Member Jeffries, the Board unanimously accepted and approved the withdrawal for applications 00129 through 00131. Ildelisa B. Sandoval / APN 125-603-004 application 00135 to November 15, 2013. Richard S. Griffith / APN 239-051-013 Richard S. Griffith / APN 239-051-007 applications 00158 and 00159 to November 15, 2013. Kenneth W. & Sharon A. Ashton / APN 011-021-004 Kenneth W. & Sharon A. Ashton / APN 011-021-005 BOARD ACTION: Upon motion of Member Alder, seconded by applications 00160 and 00161 to November 15, 2013. Escho E. Joseph / APN 012-414-031 BOARD ACTION: Upon motion of Member Alder, seconded by application 00168 to November 15, 2013. Ronald Garren / APN 241-241-014 application 00289 to November 15, 2013. K & P Miramonte, Ltd. / APN 187-091-023 application 00361 to January 17, 2014.
Agenda October 18, 2013-9 - 36. 00392 37. 00707 00708 38. 00088 Ronald B. & Downay Garren Trust / APN 241-241-014 application 00392 to November 15, 2013. Rulmuone USA dba Monterey Pasta Company / APN 800-035-489 Rulmuone USA dba Monterey Pasta Company / APN 800-035-490 applications 00707 and 00708 to March 28, 2014. Lance & Jennifer Boen / APN 187-411-006 Member Jeffries, the Board unanimously added application 00088 to today s agenda. application 00088 to January 17, 2014. 39. Closed Session See item 19 for Closed Session report. There was no report from Closed Session for applications 11-723 and 11-724. 40. Adjournment to Friday, November 15, 2013.