HomeMy WebLinkAboutMINUTES - 10041988 - 1.21 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTYs CALIFORNIA
Adopted this Order on October 4, 1938 by the following vote:
AYES: Supervisors Powers , Fanden, McPeak, Torlakson,
NOES: None.
ABSENT: Supervisor Schroder.
ABSTAIN: None.
SUBJECT: Settlement in Southern
Pacific Pipelines v. )
Board of Equalization, )
et al . , L.A. Superior )
Court No. C502533 and )
C688460 )
Pursuant to recommendation of County Counsel, the Board
of Supervisors of Contra Costa County hereby approves the
settlement of the subject cases, as set forth in the August 25,
1988 letter of Deputy Attorney General Phillip C. Griffin,
attached hereto, and authorizes the County Counsel to sign a
stipulation to effect the settlement.
1 hereby certify that this is a true and correct copy of
an action taken and entered on tiiee minutes of the
Board of ftperv}sot�r� 7"ate wn.
���(J
ATTESTED: _
PUPIL BATCHELOR, Cleric of the Board
of Supervisors and County Administrator
Deputy
Orig. Dept.:
Cc: County Administrator
County Counsel
Assessor
Auditor-Controller
qq'pp.l Os lM11 .
OPV
JOHN K. VAN DE KAMP State of California f
Attorney General DEPARTMENT OF JUSTICE
3580 WILSHIRE BOULEVARD, ROOM 800
LOS ANGELES 90010
(213) 736-2304
August 25, 1988
County Counsel
Victor J. Westman, County Counsel 1 1988
Contra Costa County Mtlrtlfl
e , CA 943
Dennis C. Graves, Deputy County Counsel
P. 0. Box 69, Co. Admin. Bldg.
Martinez, California 94553
Dear Mr. Westman:
SOUTHERN PACIFIC PIPE LINES, ,INC. v. BOARD OF EQUALIZATION OF THE
STATE OF CALIFORNIA, et al.,;LASC NO.G502533;>
SAN DIEGO PIPELINE. COMPANY v. BOARD OF 'EQUALIZATION OF THE STATE
OF CALIFORNIA, et al. , LASC No. C 502532;
SOUTHERN PACIFIC PIPE LINES, INC. v. BOARD OF QUALIZATION OF THE
STATE OF CALIFORNIA, et al. , LASC No. C 688460; and
SAN DIEGO PIPELINE COMPANY v. BOARD OF EQUALIZATION OF THE STATE
OF CALIFORNIA, et al. ; LASC No. C 688463
Please be advised that the State Board of Equalization and
Southern Pacific Pipe Lines, Inc. , and San Diego Pipeline Company
have agreed to a settlement of all but two issues in the above
entitled cases .
The settlement is as follows:
1 . Southern Pacific Pipelines, Inc. assessed value will be
reduced by the respective amounts .for the following assessment
years 1980 through 1986 :
Assessed Value
Year Assessed Value Reduction
(in thousands) (in thousands )
1980 120,000 9 ,600
1981 125,000 10,000
1982 . 135,000 10,800
1983 157,000 12,560
1984 234,000 18,720
1985 263,000 21,040
1986 360, 000 28,800
1986 assessment.
Added in 1987 19,620 1,570
Mr. Westman
August 25, 1988
Page Two
2 . To the assessment reductions shall be added a percentage
amount of 6% per annum for assessment year 1980 and a percentage
amount of 9% per annum for the remainder assessment years 1981
through 1986, which interest shall accrue to the date of payment
or credit of the tax refund much in the same fashion as interest
would be added to a tax refund made pursuant to Revenue and
Taxation Code section 5150 .
3 . The basic assessment reduction, plus any reduction in lieu of
interest shall be given as credits against the annual assessment
of Southern Pacific Pipe Lines and San Diego Pipelines in the tax
assessment year 1989-90 .
4 . A Stipulation and Proposed Order shall be entered into by the
parties that would accomplish the following:
(a) All valuation issues described in paragraph 1
in paragraph 1 hereof would be dismissed from
all pending lawsuits by plaintiffs SPPL and SDPC.
(b) The lands and rights of way issue would remain in
the cases recently filed.
(c) The "tanks issue" for the years 1981-1982 and
1982-1983 wold be consolidated into the cases
recently filed. The five year rule wold be waived
as to this tank issue for thos earlier years .
_ (d) The two recently-filed cases would be consolidated.
The only issues in the consolidated cases would be
assessment of the tanks (1981-1982 and 1982-1983
from the first cases and 1983 - 86 for the second
cases) and lands and rights of way.
(e) The trial date of October 13, 1988 would be vacated.
A stipulation will be prepared and presented to the trial judge
at the conference or before the conference scheduled for
September 19, 1988 . It is anticipated that the trial will be
continued because of the consolidation of all of the cases . I
will keep you advised of further progress in the case. It is
anticipated that the reduction and the allocation of next year' s
assessment will take place in July of 1989, which will include
both tax reduction and interest so that there will be no tax
refund.
r
Mr. Westman
August 25, 1988
Page Three
Your acceptance and approval of the settlement is respectfully
requested. It will be greatly appreciated if you would give this
matter your prompt attention.
Very truly yours,
JOHN K. VAN DE KAMP
gC.e GeneraGRIFFI
Deputy Attorney General
PCG/pt