The URL can be used to link to this page

Home My WebLink AboutMINUTES - 04161996 - C92 C.90, C.91, C.92 and C.93 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Adopted this Order on April 16, 1996 , by the following vote: AYES: Supervisors Rogers, Bishop, DeSaulnier, Torlakson and Smith NOES: None ABSENT: None ABSTAIN: None SUBJECT: Correspondence C. 90 LETTER dated March 7, 1996, from Michael M. Wolfe, Landman, Capitol Oil Corporation, 1545 River Park Drive, Ste 501, Sacramento, CA 95815, advising that the Corporation does not wish to accept the pipeline franchise granted to them by the Board of Supervisors on June 21, 1994. **** REFERRED TO PUBLIC WORKS DIRECTOR C.91 LETTER dated March 22, 1996, from Elaine K. Kaiser, Chief, Section of Environmental Analysis, Surface Transportation Board, Washington, D.C. 20423-0001, advising the Board's Section of Environmental Analysis is preparing an Environmental Assessment (EA) as part of its review of the control and merger application of the Union Pacific and Southern Pacific Railroads, and that the EA will be issued in mid-April 1996 for public review and comment. **** REFERRED TO TRANSPORTATION COMMITTEE AND DIRECTOR, GROWTH MANAGEMENT AND ECONOMIC DEVELOPMENT AGENCY C.92 CLAIM dated April 1, 1996, submitted by Douglas Mo, Shartsis, Friese & Ginsburg, One Maritime Plaza, 18th Floor, San Francisco, CA 94111, on behalf of Bio-Rad Laboratories, Inc., for refund of taxes for years 1986-1987 through 1995-1996. **** REFERRED TO COUNTY COUNSEL, ASSESSOR, AND TREASURER-TAX COLLECTOR C.93 LETTER dated April,1, 1996, from Bill McManigal, Chair, Transportation Partnership and Cooperation (TRANSPAC), 100 Gregory Lane, Pleasant Hill, CA 94523, requesting the Board authorize staff to participate at the TRANSPAC meeting of April 25, 1996, on transportation and land use issues surrounding the Pleasant Hill BART Station. **** REFERRED TO COMMUNITY DEVLEOPMENT DIRECTOR IT IS BY THE BOARD ORDERED that the recommendations as noted (****) are approved. i c.c. Correspondents Ihereby certify that this Isatrue and coffeotcopyof an action taken and entered on the minutes of the Public Works Director Board ofSuPeptismantbedateahoMn. Director, GMEDA ATTESTED: Transportation Committee PHIL BA CHELOR Clerk of the Board Of Supervisors and Uunty Administrator County Counsel Assessor By Deputy Treasurer-Tax Collector Community Development Director '�9D R E �«-. SHABTSIS, F'liIESE & CTINSBUI3G APR — 8 1996 ROBERT CHARLES FRIESE A LIMITED LIABILITY PARTNERSHIP t TELEPHONE ARTHUR J.SHARTSIS MARY JO SHARTSIS C1 ERK BOSM OPsMeRVISORs PAUL M.GINSBURO Roeaax D.E EIGHTEENTH FLOOD CONT CO. ' Dovol•As L.HAMMER RoNALD BAYES MALONE ONE MARITIME PLAZA (415) 421-2922 JOEL ZELDIN JOHN P.BROADHURST SAN FRANCISCO, CALIFORNIA 94111 COUNSEL DAYID H.KREMER CHARLES R.RICE MONIQUE YAN Yz.RLOOY ANTHONY B.LEUIN MARY R.MONTELLA DOUOLAs Mo ROBERT E. n TRACY L.SALISBURY JEFFREY A.O'GONNELL SUSAN YORK JANIN CAROLYN H.KLASGO. JEFFREY J.GOODRICH April 1, 1996 ERIC M.SIP JONATHAN M.KENNEDY ADAM K.ELSESSER STEVEN O.GASSER BARBARA W.STAMAN ZESARA G.C.A. GEOFFREY W.HAYNES GHRISTOPHER J.RUPRIOHT G—LYN S.REISER ELLEN S.MOUGH- ROBERT CHARLES WARD M.MIGHSLE ANOLADE MICHAEL B.SO-- JAMES P.MARTIN LARA A.ORS. BENJAMIN L.DOUGLAS CHRISTINA M.O'BRIEN BY CERTIFIED MAIL RETURN RECEIPT REQUESTED Clerk of the Board of Supervisors Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 Dear Sir or Madam: Enclosed for filing is a Claim for Refund for Bio-Rad Laboratories, Inc . Please file-stamp the enclosed copy and return it to me . I have made a request of Dennis Graves of County Counsel' s office to hold this Claim for Refund in abeyance pending the resolution of the underlying Application for Valuation Relief and Applications for Reductions in Assessments . I would appreciate your confirmation of Mr. Graves' concurrence with our request upon his return to the office on' April 12th. Thank you for your attention to this matter. Please call me if you have any questions . Very truly yours, Dougs Mo DM:dsm J,,�'lU Enclosure � 0/D�' CC : Dennis Graves (w/encl . ) ,� RECEIVED CLAIM FOR RXTUND APR _ 8 1996 To: Board of Supervisors SWOOFSUKRVISClttS Contra Costa County CONTRA COSTA CO. Pursuant to Revenue and Taxation Code Section 5097, Bio-Rad Laboratories, Inc. ("Claimant") hereby makes this claim for refund of taxes and demands that the Board of Supervisors make its order directing the controller of said county to refund Claimant the sum of $1, 310,208 in taxes, plus interest as provided by law, levied for supplemental and regular assessments for tax years 1986- 1987 through 1995-1996 . Claimant asserts that the amount of taxes paid on the Replacement Property (as hereinafter defined) exceeds the amount of taxes due on the Replacement Property as shown on the roll for the assessment years discussed below, based on the following facts: 1. Claimant is and at all times herein mentioned was a corporation duly organized and existing under the laws of the State of Delaware, with its current principal place of business located at 1000 Alfred Nobel Drive, Hercules, Contra Costa County, California. 2. Claimant owned a parcel of real property (APN 560- 150-009-2) consisting of land and improvements (two buildings) , commonly referred to as 2200 and 2400 Wright Avenue, Richmond, Contra Costa County, California (the "Bio-Rad Property") . The Bio-Rad Property was zoned and used for light industrial purposes. 3 . The California Department of Transportation (the "Acquiring Entity") approved a highway project which required the condemnation of the Bio-Rad Property. 4 . The Acquiring Entity filed a Complaint in Eminent Domain on February 4, 1985. On March 28, 1985, the Court filed an Order for Possession (the "Order for Possession") allowing the Acquiring Entity to take possession of the Bio-Rad Property on July .l, 1985 . 5. Claimant vacated 2400 Wright Avenue in December, 1986, and 2200 Wright Avenue in February, 1987. 6 . As of July 1, 1985, the Bio-Rad Property' s land was assessed at $459, 831 and the improvements were assessed at $3, 382, 632, for a total assessed value of $3,842,463 . 7. Claimant replaced the Bio-Rad Property with two unimproved parcels of real property (APN 404-181-007-0 and 404- 181-006-2) commonly referred to as 1000 and 1101 Alfred Nobel Drive, Hercules, Contra Costa County, California (the "Replacement Property") . 8 . The Replacement Property and other unimproved parcels were acquired on July 15, 1983 for $6, 272, 000. The allocated purchase price (based on relative acreage) to the Replacement Property was $1,627,207. 9. Site grading and other improvements to the land (and streets dedicated to the City of Hercules) were completed in 1987 at a cost of $4, 039,491. 10 . Two buildings were constructed on the Replacement Property. The building at 1000 Alfred Nobel Drive was completed in or about May 1987 at a cost of $13, 821, 615. The building at 1101 Alfred Nobel Drive was completed in or about June 1987 at a cost of $5, 889,782. 11 . The Bio-Rad Property was owned in fee by Bio-Rad Laboratories, Inc. The Replacement Property is owned in fee by Bio-Rad Laboratories, Inc. 12 . The Bio-.Rad Property was zoned M-2 . The Replacement Property is zoned M. Both zoning designations allow light industrial use. 13 . The Bio-Rad Property was occupied by Claimant's corporate, clinical and portions of its chemical operations, all comprising commercial/industrial uses. The Replacement Property is occupied by Claimant' s corporate and clinical operations formerly on the Bio-Rad Property and is intended to be occupied by portions of its chemical operations formerly on the Bio-Rad Property, all comprising commercial, industrial uses. 14 . The improvements on Parcel 404-181-006-2 of the Replacement Property were completed in May 1987, well after the date declared by the Court that the Bio-Rad Property was taken. The improvements on parcel 404-181-007-0 of the Replacement Property were completed in June 1987, well after the date declared by the Court that the Bio-Rad Property was taken. 15 . Claimant _ has filed a timely Application for Valuation Relief with the Contra Costa County Assessor with respect to the Bio-Rad Property and the ' Replacement Property. 16 . Claimant has filed timely Applications to Reductions in Assessment regarding the Replacement Property for tax years 1993 , 1994 and 1995. 17 . Claimant received a value reduction on supplemental and escape assessments for 1986 through 1993 per an assessor roll correction of April 18, 1994 . This revaluation resulted in a refund to the Claimant. The resulting value still exceeds the Claimant's opinion of value. 2 18 . Claimant previously filed a timely Claim for Refund in 1991 for tax years 1987 through 1990 . This document constitutes an Amended Claim for Refund for those tax years. 19. Claimant meets all criteria for relief under Section 68 of the Revenue and Taxation Code and for declines in value of the Replacement Property and anticipates a reduction in the assessed values for land and improvements for the .Replacement Property in connection with parcel numbers 404-181--006-2 and 404-181-007-0 for tax years 1986 through 1995 as follows: Current Anticipated Anticipated Anticipated Tax Assessed Assessed Reduction in Refund in Year Value Value Assessed Value Taxe$ 1986 $8,326,426 $6,000,000 $2,326,426 $29,107 Supp/RR 1987 $22,787,404 $10,000,000 $12,787,404 $127,877 Supp/RR 1988 $22,849,600 $10,000,000 $12,849,600 $150,227 1989 $23, 308,678 $10,200,000 $12,108,678 $141,312 1990 $23,873,824 $10,400,000 $12,473,824 $142,041 1991 $24,350,019 $10,600,000 $13,750,019 $144,636 1992 $24,836,304 $10,800,000 $14,036,304 $148,378 1993 $25,368,830 $11,100,000 $14,268,830 $150,508 1994 * $24,284,396 $11,300,000 $12,984,396 $137,492 1995 * $24,573,378 $11,500,000 $13,073,378 $138,630 Land and Improvements are included in totals •Due to a minor subdivision by the county in Jure 1993.parcel mumbei 404-181.0062 changed to 406187-001-2 and parcel number 404-181- 007-0 chaaged to 404-181-012-0. 20 . Except for the refund referenced in paragraph 17, no refund of said taxes, or any part thereof, has previously been made. I declare under penalty of perjury that the foregoing is true and porrect . Dated: BIO-RAD LABORATORIES, INC. Place: H rcules, California By it X MANAUNI F_\DMS\0590\030\0154905.NP 3 }y 'F.a'T� �.. s .t4i'« '* '"'.'p�^.">3 icy '.yay*,c�g �nr`+`c, •..,! h � a x�E+�� . 'd 5 � Y .'b" aV- � jtS.,$f �Cs i„„ •y 4SfW ".�xc. Tf-o-.� �k .�� xr � v.�i �''�� 'g°" ," f �� '.i"+s 2�' � :�qs •r�vg�:�i�k � r, . a is 4 « "'G � `�;.. ,.u� +s'� A f r•t ,r:: a "s"-'r ,, � �''`,�„ �r Fr lb! s 'r • rte „ -o a 1 a Th 2 C N i,,) �� \/ C {Yi N ►+ O. (D %a r, a a ►—I c x kIXI h+i N M l w •.i E a g w)r x F: W I O Z ~ =I .i O M 21 r ax avx '1 [.Ce', ryrx�. (YJ W I c 7 Incu m §� �s u„gxgk t W1 W I L +T +T U ;.3r �{ MI Um I -V to " ` meg ¢ � ` Z W I W I + lbs 3 H "I m I w I m N O N c Ul _ -., �iesWa�''.K` !Ez fir, =I ZI _ W l=1 Y C O. •rl . - I►—I m E ;-4 < r � !-I WI rt _0 if1 c0 Ln IA SM 7y ,�... kt� ,,,�la�,h¢- - f,,.�� y��°'��"Y 1T„°.M3 *4' �''G y, L Sen,•` F. .§:.- � .�i�� G w4 e'yTl i��rA� w;fi kt.1' ��k�•i sN�G,k"� �`,�.�> 4�� "•t�,.i 'ks�cA ` �.9 �i �C'ro a. t ". � � Jk�» �aw1��,. ..4�� :-�L°�M �y e'�s.'�,*��x� '7 B��Srk?5�'h'� .C ..nom✓>�.�+". �S�.,� � � �j'�CT'. „ a'u�` ``► � �- v r ��'�'�•. rr !�y�.'i{�'a� .� �4 � �• ,�� ver "'��'•' �y, ;. ,:� n �•;t _ � �' °& t ,��eM. �J-' � �g � m; J •yy�� ,,,J��y��r�b'�� '��# � ,...w*,,� .T��:3' -: �'• g,''� a Y� ;`�� v'u'-l� ��. � .. Cs •eS'iw _ b •a1'r ; i � �