The URL can be used to link to this page

Home My WebLink AboutMINUTES - 12131994 - 1.99 1.99 through 1.102 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on December 13, 1994, by the following vote: AYES: Supervisors Smith, Bishop, DeSaulnier, Torlakson, and Powers NOES: None ABSENT: None ABSTAIN: None ---------------------------------------------------------------------- ---------------------------------------------------------------------- SUBJECT: CORRESPONDENCE Item No. 1.99 CLAIM dated November 29, 1994, submitted by R. Brandt, from the Law Firm of McDonough, Holland & Allen, 555 Capitol Mall, 9th Floor, Sacramento 95814, for refund of Mello-Roos special taxes imposed by the Mount Diablo Unified School District Community Facilities District No. 1 on the Oakhurst Country Club property of the Presley Companies for fiscal years 1990-1991, 1991-1992, 1992-1993, and 1993-1994. ***REFERRED TO TREASURER-TAX COLLECTOR,ASSESSOR,AND COUNTY COUNSEL 1.100 CLAIM dated November 30, 1994, filed on behalf of SFPP, L.P., by R. Dunn, from the Law Firm of Cooper, White & Cooper, 201 California Street Seventeenth Floor, San Francisco 94111, formerly known as Southern Pacific Pipe Lines Partnership, L.P., for refund of ad valorem property taxes on State assessed unitary property for assessment year 1990. ***REFERRED TO TREASURER-TAX COLLECTOR, ASSESSOR, AND COUNTY COUNSEL 1.101 LETTER dated December 1, 1994, from M. A. Jurich, 1318 California Avenue, Apartment 3, San Pablo 94806, proposing that the Sheriffs Department and Office of Emergency Services conduct seminars on safety procedures for people who hike, backpack, and travel across the nation by motor vehicle. ***REFERRED TO SHERIFF-CORONER AND DIRECTOR, OFFICE OF EMERGENCY SERVICES 1.102 LETTER dated December 2, 1994, from F. Beck, Secretary, Bradford Farms, Inc., 40 Garden Grove Drive, Daly City 94015, relative to complaints received from Bethel Island residents about dust emanating from Jersey Island Road (Reclamation District No. 2059) and of the abandonment of the maintenance of this road by the County. ***REFERRED TO PUBLIC WORKS DIRECTOR I nereby certify that thic is a true and correct copy of an action taker:and entered on tho minutes of the Board of Suvisors on t o date shown. ATTESTED. `- A= 13 - )q PHIL BATCHELOR. ^lcrl(of t.h^Eloard cc: Correspondents of Supervisors and Coun^,r administrator Treasurer-Tax Collector Assessor By Deputy County Counsel Sheriff-Coroner Emergency Services Director Public Works Director I A9 MCDONOUGH, HOLLAND & ALLEN .� JOSEPH E.COOMES,JR. JAMES L.LEET A PROFESSIONAL CORPORATION STEPHEN L.GOFF, CHRISTOPHER W.EWING DAVID J.SPOTTISWOOD MARK A.WASSER ATTORNEYS MICHAEL K.IWAHIRO JEREMY S.MILLSTONE RICHARD W.NICHOLS DAVID 5.SALEM GLENN W.PETERSON CAROLYN MASONE DONALD C.POOLE VIRGINIA A.CAHILL DAVID L.KROTINE JENNIFER S.DAVIS RICHARD W.OSEN HARRIET A.STEINER 555 CAPITOL MALL, 9-FLOOR JULIEE.GREEN RICHARD E.BRANDT WILLIAM A.LICHTIG MARCIA L.AUGSBURGER ADMITTED Iry rvI56iSSIPPI Ory Lv G.RICHARD BROWN EDWARD J.QUINN,JR. SACRAMENTO, CALIFORNIA 95814 TIMOTHY P.HAVES DAVID W.POST MARK GORTON NANCY T.TEMPLETON SUSAN K.EDLING ROBERT R.RUBIN (916)444-3900 MICHAEL V.BRADY DAVID F.BEATTY PATRICIA D.ELLIOTT DAVID E.MACCHIAVELLI MICHAEL T.FOGARTY WILLIAM C.HILSON,JR, L.STUART LIST OFcoUNS[L TELECOPIER:(916 444-8334 HARRY E.HULL,JR. IRIS P.YANG KENT W.SI LV ESTER V.BARLOW GOFF NATALIE E.WEST MARY POWERS ANTOINE TODD M.BAILEY ANN TAYLOR SCHWING ANN O'CONNELL CATHY DEUBEL SALENKO DANIEL V.MARTINEZ DANIEL L.SIMMONS ROBERT W.O'CONNOR CRAIG LABADIE JAN PATRICK SHERRY SETH P.BRUNNER JEFFRY R.JONES JACK D.BROWN DON F.HARRIS RICHARD E.MAROUN T.BRENT HAWKINS THOMAS L.HILL STEVEN A.LAMON a rIaEO JAMES M.RUDDICK NANCY P.LEE DOUGLAS A.POTTS RICHARD M.ROSS MARY E.OLDEN TROY L.ELLERMAN ALFRED E.HOLLAND DAWN H.COLE EDWARD J.WRIGHT,JR. November 29, 1994 CLYDE T.OGATA BRUCE F.ALLEN SHARON D.ROSEME MICHELLE MARCHETTA KENYON C.NICOLE MURPHY MARTIN MCDONOUGH SUSAN L.SCHOENIG MICHELE M.CLARK MADELINE K.DAVIS' 11915-19871 Board of Supervisors RECEIVED Contra Costa County 651 Pine Street, 1st Floor Martinez, California 94553 Nov 2 9 10 Attn: Jeanne Maglio, Chief Clerk CLERK BOARD OF SUPERVISORS CON_rRA COSTA CO. Re: Assessor's Parcel Nos. 118-370-001-1, 118-370-017-6, 118-370-048-1, 118-370-080-4, 118-370-083-8, 118-370-084-6, 118-370-085-3, 118-370-086-1, 118-370-087-9, 118-370-088-7, 118-370-090-3, 118-370-097-8, 118-370-098-6, 118-370-073-9, 118-370-074-7, 118-370-075-4 Dear Ms. Maglio: Enclosed is a claim to the Contra Costa County Board of Supervisors for refund of Mello-Roos special taxes imposed by the Mount Diablo Unified School District Community Facilities District No. 1 on the Oakhurst Country Club, property of the Presley Companies for fiscal years 1990-1991, 1991-1992, 1992-1993, and 1993-1994. The basis for the claim is set forth in the enclosed copy of a letter dated November 28, 1994, to Dr. Robert Baum, Superintendent of the Mount Diablo Unified School`.District. This claim is submitted to the Board of Supervisors because Contra,Costa County collects the special tax and because the Mello-Roos law provides that the procedures for tax refunds applicable to general property taxes shall also apply to the refund of Mello-Roos taxes. An identical claim has been submitted to the Mount Diablo Unified School District Community Facilities District No. 1 Very truly'yours, Richard E. randt REB:bd cc: Nancy Harlan, Esq. Mr. Lewis Wilmot Mr. Brian Utzler YUBA CITY OFFICE 422 CENTURY PARK DRIVE.SUITE A _ BAY AREA OFFICE P.O. BOX 776 1999 HARRISON STREET,SUITE 1300 ' YUBA CITY, CALIFORNIA 95992-0776 OAKLAND,CALIFORNIA 94612 (916)674-9761 (510)444-7372 TELECOPIER:(916)671-0990 TELECOPIER: (510)839-9104 1 .99 TO THE BOARD OF DIRECTORS OF MOUNT DIABLO UNIFIED SCHOOL DISTRICT COMMUNITY FACILITIES DISTRICT NO. 1 CLAM FOR REFUND OF COMMUNITY FACILITIES TAXES R"OSED ON REAL PROPERTYs RECEIVED NOV 2 91994 Claimant alleges. CLERIC E1aAFiCr SUPERVISORS C,0iN\'T_ �COS CC. 1. The Presley Companies was at all times mentioned the`owner; under the name of The Presley Companies, of the real property situated in Contra Costa County, California, and designated by the Contra Costa County Assessor by the parcel numbers 118-370-001-1, 118-370-017-6, 118-370-048-1, 118-370-080-4, 118-370- 083-8, 118-370-084-6, 118-370-085-3, 118-370-086-1, 118-370-087-9, 118-370-088-7, 118-370- 090-3, 118-370-097-8, 118-370-098-6, 118-370-073-9, 118-370-074-7, and 118-370-075-4. 2. For the fiscal years ended June 30, 1991, 1992, 1993 and 1994, the Mount Diablo Unified School District Community Facilities District No. 1 and the Assessor and Tax Collector of Contra Costa County assessed or levied, and collected taxes against the Contra Costa Country Club on the above-described properties in the amount of $219,164.00. Said assessments were evidenced by the tax bills that The Presley Companies received in the U.S. Mail from the Office of the Assessor. 3. The Presley Companies paid the taxes in full by checks in the amounts shown on the tax bills. 4. The Presley Companies hereby claims a refund of the Special Tax assessed against the above-described real property by the Mt. Diablo Unified School District in connection with Mt. Diablo Unified School District Community Facilities District No. 1, for the fiscal years ended June 30, 1991, 1992, 1993 and 1994 in the. amount of $214,876.00. 5. The Presley Companies claims the refund of the special taxes referred to in paragraph 4 on the grounds that: (a) The taxes were erroneous or illegally collected; and/or (b) The taxes were illegally assessed or levied. 3 6. No refund of said taxes, or any part thereof, has previously been made. 7. The Presley Companies further claims interest, at the rate provided by law, on the amounts paid for the Special Tax for 1990-1991, 1991-1992, 1992-1993 and 1993-1994. I declare under penalty under the laws of the State of California that the foregoing facts are true and correct. Executed this day of , 1994, at Contra Costa County, California. The Presley Companies n ?e�w�isWilmot�enior Vice President -2- TO THE BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA, CALIFORNIA CLAIM FOR REFUND OF COMMUNITY FACILTTIES TAXES IMPOSED ON REAL PROP RECEIVE® Nov 2919 Claimant alleges. y� �. ISORS 1. The Presley Companies was at all times mentioned the owner, under the name of The Presley Companies, of the real property situated in Contra Costa County, California, and designated by the Contra Costa County Assessor by the parcel numbers 118-370-001-1, 118-370-017-6, 118-370-048-1, 118-370-080-4, 118-370- 083-8, 118-370-084-6, 118-370-085-3, 118-370-086-1, 118-370-087-9, 118-370-088-7, 118-370- 090-3, 118-370-097-8, 118-370-098-6, 118-370-073-9, 118-370-074-7, and 118-370-075-4. 2. For the fiscal years ended June 30, 1991, 1992, 1993 and 1994, the Mount Diablo Unified School District Community Facilities District No. 1 and the Assessor and Tax Collector of Contra Costa County assessed or levied, and collected taxes against the Contra Costa.Country Club on the above-described properties in the amount of $219,164.00. Said assessments were evidenced by the tax bills that The Presley Companies received in the U.S. Mail from the Office of the Assessor. 3. The Presley Companies paid the taxes in full by checks in the amounts shown on the tax bills. 4. The Presley Companies hereby claims a refund of the Special Tax assessed against the above-described real property by the Mt. Diablo Unified School District in connection with Mt. Diablo Unified School District Community Facilities District No. 1, for the fiscal years ended June 30, 1991, 1992, 1993 and 1994 in the amount of $214,876.00. 5. The Presley Companies claims the refund of the special taxes referred to in paragraph 4 on the grounds that: (a) The taxes were erroneous or illegally collected; and/or (b) The taxes were illegally assessed or levied. ` ! l 6. No refund of said taxes, or any part thereof, has previously been made. 7. The Presley Companies further claims interest, at the rate provided by law, on the amounts paid for the Special Tax for 1990-1991, 1991-1992, 1992-1993 and 1993-1994. I declare under penalty under the laws of the State of California that the foregoing facts are true and correct. Executed this day of , 1994, at Contra Costa County, California. The Presley Companies B . Lewis Wilmot Senior Vice President -2-