HomeMy WebLinkAboutMINUTES - 12141993 - 1.117 r. 0_7
1. 111 'through 1. 119
THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
Adopted this Order on December 14, by the following vote:
AYES: Supervisors Powers, Smith, Bishop, McPeak and Torlakson
NOES: None
ABSENT: None
ABSTAIN: None
SUBJECT: Correspondence
Item No.
1. 111 LETTER dated November 291, 1993 , from Eduardo G. Manuel,
Mayor, City of Hercules, 111 Civic Drive, Hercules 94547,
advising that the City Council has decided to not make a
donation at this time to the North Concord Homeless
Shelter.
***REFERRED TO EXECUTIVE DIRECTOR, HOUSING AUTHORITY
1. 112 LETTER dated December 1, 1993, from Francis B. Blanchad,
1860 Tice Creek Drive No. 1143, Walnut Creek 94595,
expressing concern with the decision of the Board of
Directors, East Bay Municipal Utility District, regarding
future water supplies available to Contra Costa County.
***REFERRED TO WATER COMMITTEE
1. 113 LETTER dated December 1, 1993, from Joe Cunanan, 2332
Meadowlark, San Pablo 94806, requesting clarification on
the application of interest charged to a child support
obligation now paid in full.
***REFERRED TO DISTRICT ATTORNEY
1. 114 LETTER dated November 24, 1993, from Erin Robinson, Senior
Service Representative, Keenan & Associates, 2200 Powell
Street, Suite 745, Emeryville 94608, transmitting the
Conflict of Interest Code for Schools Self-insurance of
Contra Costa County.
***REFERRED TO COUNTY COUNSEL
1. 115 LETTER dated December 3, 1993, from Jerry A. Nava, 211
Courtney Lane, Orinda 94563, requesting the application of
certain provisions in Board Resolution No. 93/665 to his
retirement from County service. '
***REFERRED TO HEALTH SERVICES DIRECTOR AND COUNTY
ADMINISTRATOR
Contln4eol oil P. 2_
Board Order - December 14, 1993
Correspondence
Page 2
1. 116 LETTER dated November 29, 1993, from F. Linton and M.
Owens, 73 Wharf Drive, Bay Point 94565, requesting
grandfather rights to keep horses on their property as is
permitted on neighboring properties.
/ ***REFERRED TO COMMUNITY DEVELOPMENT DIRECTOR.
!! 1. 117 LETTER dated December 1, 1993, from Sean Flavin, FLAVIN &
BAKER, Inc. , P.O. Box 2229, Monterey 93942, on behalf of a
claim submitted by Levin Enterprises, Inc. , for a refund of
property taxes paid on seven parcels for the 1989-1990 tax
year.
***REFER TO TREASURER-TAX COLLECTOR, ASSESSOR, AND COUNTY
COUNSEL FOR RECOMMENDATIONS
1. 118 LETTER dated November 30, 1993, from S. Wong, 1281 Walden
Road, Walnut Creek 94596, requesting a refund of taxes paid
on real property.
***REFERRED TO TREASURER-TAX COLLECTOR, ASSESSOR, AND
COUNTY COUNSEL FOR RECOMMENDATIONS
1. 119 LETTER dated December 3 , 1993, from J. M. Lopez, Valley
Crest Landscape, Inc. , 7043 Commerce Circle, Pleasanton
94588, relative to the award of contract for the Crockett _
Neighborhood Park Construction Project.
***CONSIDERED WITH ITEM NO. 1.93.
IT IS BY THE BOARD ORDERED that the recommendations as referenced
(***) are approved.
cc: Correspondents
County Administrator
Executive Director, Housing Authority
Community Development Department
Water Committee
District Attorney
County Counsel
Health Services Director
Treasurer-Tax Collector
Assessor
he+ehy Certify that this is 8 true and c ,»
an action taken orrect copy
ana ntered on the
Board of D: Hminutes of the
CO:
ArTESTors on the
date s:+own.
PF,IL E3AT'.„h; LOR.Clerk pft _
of Supervisors and Countv Admini-oard
trator
.Deputy
1r7
FLAVIN & BAKER, INC.
ATTORNEYS AT LAW
SEAN FLAVIN 80 GARDEN COURT, SUITE 250 ( �.KENNETH A. EHRMAN
PAUL W. BAKER u U CE;la'�' /S - OF COUNSEL
POST OFFICE BOX 2229 �a
MONTEREY, CALIFORNIA 93942 FAX (408)i
372-2425
TELEPHONE: (408) 372-7535 DE,//11, v 61993
December 1, 1993 CLrnK130ARU0FSIUP
CQ6UTRA COST FRMS
A CQ QRS
CERTIFIED MAIL
RETURN RECEIPT REQUESTED
Clerk, Board of Supervisors
County of Contra Costa
County Administration Bldg.
651 Pine St. , Room 106
Martinez, CA 94553
Re: Levin Enterprises, Inc. - Claim for Refund of Property
Taxes (Rev. & Tax. Code Sections 5096 et seq. )
APNs: 560-250-026-5, 560-250-022-4, 560-250-025-7, 560-380-002-9,
560-280-011-1, 560-380-008-6 and 560-240-035-9
To the Clerk:
Enclosed are the original and one copy of the verified claim
for refund of property taxes for the 1989-90 tax year for the
above-referenced claimant.
Please file the original and return the copy to us conformed
with your file marks endorsed thereon. A prepaid return envelope
is enclosed for this purpose.
Sincerely yours,
FLAVIN & BAKER, INC.
Sean Flavin
SF:kw
Enclosures
//7
OPY
1 FLAVIN & BAKER, INC.
Attorneys at Law
2 80 Garden Court, Suite 250
Post Office Box 2229
3 Monterey, California 93942
Telephone: 408-372-7535
4
Attorneys for Claimant,
5 LEVIN ENTERPRISES, INC.
6
7 BOARD OF SUPERVISORS
8 COUNTY OF- CONTRA COSTA, STATE OF CALIFORNIA
9
10 In the Matter of ) CLAIM FOR REFUND OF
LEVIN ENTERPRISES, INC. ) PROPERTY TARES
11 ) (Rev. & Tax. Code
Claimant. ) Sections 5096 et seq. )
12 )
13 LEVIN ENTERPRISES, INC. , formerly known as Levin Metals
14 Corporation, makes this claim for refund of property taxes paid
15 by Claimant for the tax year 1989-90 and demands the Board of
16 Supervisors order the Controller of Contra Costa County to refund
17 to Claimant $276, 184 .79, with statutory interest, which taxes were
18 illegally and erroneously assessed, levied and collected. In
19 support of this claim, Claimant declares:
20 1. , Claimant is and at all relevant times has been a
21 corporation organized and existing under the laws of the State of
22 California.
23 2. For the tax year 1989-90, the Assessor of Contra Costa
24 County assessed to Levin Metals Corporation, whose name has been
25 changed to LEVIN ENTERPRISES, INC. , property located in the City
26 of Richmond in said County described as follows:
27 Assessor's Parcel Nos.
28 560-250-026-5
Flavin & Baker, Inc.
1 560-250-022-4
560-250-025-7
2 560-380-002-9
560-280-011-1
3 560-380-008-6
560-240-035-9
4
5 On the basis of said assessments , taxes were levied on said
6 property for said tax year in the total sum of $276 , 184 . 79 and
7 paid by Claimant in full on or about December 5, 1989 and April 2,
8 1990.
9 3 . Within the time allowed by law Claimant filed with the
10 Clerk of the Board of Supervisors of said County applications
11 to reduce said assessments . No hearing has been had on said
12 applications, the time for such hearing having been duly
13 extended. In said applications Claimant asserts that the value
14 of said property has decreased due to cleanup costs associated
15 with toxic waste spill.
16 4 . Claimant is entitled to a refund of the entire amount
17 of said taxes on the ground that as set forth above the value of
18 said property has decreased to zero by reason of said toxic waste
19 spill.
20 5 . , No refund of said taxes , or any part thereof , has
21 previously been made.
22 6. Claimant reserves the right to amend this claim to set
23 forth additional or different grounds following the hearing and
24 determinations of the Assessment Appeals Board.
25 DATED: November -�9, 1993. FLAVIN & BAKER, INC.
26
By:
27 Sean F vin
Attorneys for Claimant,
28 LEVIN ENTERPRISES, INC.
Flavin Baker, Znc. 2
VERIFICATION
STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA
I have read the foregoing Claim for Refund of Property Taxes (Rev. & Tax.
Code Sections 5096 et seq) (1989-90 tax year) and know its contents.
® CHECK APPLICABLE PARAGRAPH
❑ I am a party to this action. The matters stated in the foregoing document are true of my own knowledge except as to
those matters which are stated on information and belief, and as to those matters I believe them to be true.
CT I am 0 an Officer ❑ a partner -0a of
Levin Enterprises, Inc.
a party to this action, and am authorized to make this verification for and on its behalf, and I make this verification for that
reason. 9 I am informed and believe and on that ground allege that the matters stated in the foregoing document are
true. ❑The matters stated in the foregoing document are true of my own knowledge except as to those matters which are
stated on information and belief, and as to those matters I believe them to be true.
❑ I am one of the attorneys for
a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices, and I make
this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that
the matters stated in the foregoing document are true.
Executed on 30 November 1993 at San Jose, California.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
William S. Benak
Type or Print Name Signature
ACKNOWLEDGMENT OF RECEIPT OF DOCUMENT
(other than summons and complaint)
Received copy of document described as
on 19—
Type or Print Name Signature
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF
I am employed in the county of , State of California.
I am over the age of 18 and not a party to the within action; my business address is-
On 19—, I served the foregoing document described as
O�
in this action by placing a true ropy thereof enclosed in a sealed envelope addressed as follows:
❑ (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the United States mail
at California.
Executed on 19—, at California.
❑ (BY PERSONAL SERVICE) I caused such envelope to be delivered by hand to the offices of the addressee.
Executed on , 19, at , California.
❑ (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
❑ (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was
made.
Type or Print Name Signature
STUART'S EXBROOK TIMESAVER(REVISED 6/83)
(May be used in California Slate or Federal Courts)
1 '�p� g,l�■g
O I GINAL
1 FLAVIN & BAKER, INC.
Attorneys at Law
2 80 Garden Court, Suite 250
Post Office Box 2229
3 Monterey, California 93942
Telephone: 408-372-7535
4
Attorneys for Claimant,
5 LEVIN ENTERPRISES, INC.
6
7 BOARD OF SUPERVISORS
8 COUNTY OF CONTRA COSTA, STATE OF CALIFORNIA
9
10 In the Matter of ) CLAIM FOR REFUND OF
LEVIN ENTERPRISES, INC. ) PROPERTY TARES
11 ) (Rev. & Tax. Code
Claimant. ) Sections 5096 et seq. )
12 )
13 LEVIN ENTERPRISES, INC. , formerly known as Levin Metals
14 Corporation, makes this claim for refund of property taxes paid
15 by Claimant for the tax year 1989-90 and demands the Board of
16 Supervisors order the Controller of Contra Costa County to refund
17 to Claimant $276, 184 .79, with statutory interest, which taxes were
18 illegally and erroneously assessed, levied and collected. In
19 support of this claim, Claimant declares:
20 1. Claimant is and at- all relevant tires has been a
21 corporation organized and existing under the laws of the State of
22 California.
23 2 . For the tax year 1989-90, the Assessor of Contra Costa
24 County assessed to Levin Metals Corporation, whose name has been
25 changed to LEVIN ENTERPRISES, INC. , property located in the City
26 of Richmond in said County described as follows:
27 Assessor's Parcel Nos.
28 560-250-026-5
Flavin & Baker, Inc.
r
1 560-250-022-4
560-250-025-7
2 560-380-002-9
560-280-011-1
3 560-380-008-6
560-240-035-9
4
5 On the basis of said assessments , taxes were levied on said
6 property for said tax year in the total sum of $276 , 184 . 79 and
7 paid by Claimant in full on or about December 5, 1989 and April 2,
8 1990.
9 3. Within the time allowed by law Claimant filed with the
10 Clerk of the Board of Supervisors of said County applications
11 to reduce said assessments . No hearing has been had on said
12 applications, the time for such hearing having been duly
13 extended. In said applications Claimant asserts that the value
14 of said property has decreased due to cleanup costs associated
15 with toxic waste spill.
16 4 . Claimant is entitled to a refund of the entire amount
17 of said taxes on the ground that as set forth above the value of
18 said property has decreased to zero by reason of said toxic waste
19 spill.
20 5 . No refund of said taxes , or any part thereof, has
21 previously been made.
22 6. Claimant reserves the right to amend this claim to set
23 forth additional or different grounds following the hearing and
24 determinations of the Assessment Appeals Board.
25 DATED: November -21, 1993 . FLAVIN & BAKER, INC.
26
By:
27 Sean F vin
Attorneys for Claimant,
28 LEVIN ENTERPRISES, INC.
Plavin Baker, Inc. 2
•
f VERIFICATION
STATE OF CALIFORNIA, COUNTY OF CONTRA COSTA
I have read the foregoing Claim for Refund of Property Taxes (Rev. & Tax.
Code Sections 5096 et si (1989-90 tax year) and know its contents.
N CHECK APPLICABLE PARAGRAPH
❑ I am a party to this action. The matters stated in the foregoing document are true of my own knowledge except as to
those matters which are stated on information and belief, and as to those matters I believe them to be true.
ET I am 0 an Officer ❑ a partner [3 a of
Levin Enterprises, Inc.
a party to this action, and am authorized to make this verification for and on its behalf,and I make this verification for that
reason. 1 am informed and believe and on that ground allege that the matters stated in the foregoing document are
true. ❑The matters stated in the foregoing document are true of my own knowledge except as to those matters which are
stated on information and belief, and as to those matters I believe them to be true.
❑ I am one of the attorneys for
a party to this action. Such party is absent from the county of aforesaid where such attorneys have their offices, and I make
this verification for and on behalf of that party for that reason. I am informed and believe and on that ground allege that
the matters stated in the foregoing document are true.
Executed on 30 November 1993, at San Jose, California.
I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct.
William S. Benak
Type or Print Name Signature
ACKNOWLEDGMENT OF RECEIPT OF DOCUMENT
(other than summons and complaint)
Received copy of document described as
on 19 .
Type or Print Name Signature
PROOF OF SERVICE
STATE OF CALIFORNIA, COUNTY OF
I am employed in the county of , State of California.
I am over the age of 18 and not a party to the within action; my business address is:
On 19—, I served the foregoing document described as
pn
in this action by placing a true copy thereof enclosed in a sealed envelope addressed as follows:
❑ (BY MAIL) I caused such envelope with postage thereon fully prepaid to be placed in the United States mail
at California.
Executed on 19 , at California.
❑ (BY PERSONAL SERVICE) I caused•such envelope to be delivered by hand to the.offices of the addressee.
Executed on , 19—y at , California.
❑ (State) I declare under penalty of perjury under the laws of the State of California that the above is true and correct.
❑ (Federal) I declare that I am employed in the office of a member of the bar of this court at whose direction the service was
made.
Type or Print Name Signature
STUART'S EXBROOK TIMESAVER(REVISED 6/83)
(May be used in California State or Federal Courts)
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