Archived - Pacific Shores: Water District & Property Owners Association

Letter From Tom Resch Pres. Of PSPOA

Below is the letter from Tom Resch, Pres. For Pacific Shores Property Owners Assoc. (PSPOA), to Del Norte BofS addressing Agenda Item 7. The other related documents are archived at this site and are hyper linked to this article and Tom's letter.

To: Del Norte Board of Supervisors

981 H Street, Crescent City, CA 95531

VIA FACSIMILE: (707) 465-0324

12-18-06

Re: 12-19-08 SPECIAL SESSION AGENDA Item 7

Regarding the proposal to amend the resolution 2006-61

We OPPOSE the approval of Item 7.

To the respectable members of the Del Norte Board of Supervisors,

The October 10, 2006 letter from Bruce Smith, which Robert Black cites, was exclusively addressing a specific ridiculous proposal for the lot owners to give up their lots to form a “time-share” development. That Plan was not in the interests of the property owners and is completely without merit. Certainly the Board would not desire the Pacific Shores California Water District to endorse a worthless plan nor make a worthless plan a take-it-or-leave-it proposal.

Nowhere in the letter from Bruce Smith does it say or imply in any way that water and sewer services can not be provided to the Pacific Shores Subdivision. On the contrary, he says he hopes the county will develop a project that the Pacific Shores Property Owners Association will support. (This specific proposal simply was not it.)

Further, It is not Robert Black’s place to guess the value of providing water and sewer services to the actual property owners. His opinions are irrelevant.

It normally does take years of work and a number of expensive studies to complete the necessary reports to implement development near sensitive coastal areas. Many other coastal areas in California are also still trying to achieve a suitable resolution to the multitude of problems.

It would appear that Bob Black has intentionally distorted the facts by taking a letter addressing a specific issue and claiming it says something it did not.

Very truly yours,

Thomas W. Resch

President, PSPOA

A G E N D A

BOARD OF SUPERVISORS

DEL NORTE COUNTY

STATE OF CALIFORNIA

981 H STREET, ROOM 100

CRESCENT CITY, CA 95531

REGULAR MEETING

Tuesday, October 24, 2006

10:00 AM

22. Approve and Authorize the Chair to sign an Agreement to Purchase Tax-Defaulted Property subject to the Power by Sale Agreement and Adopt a Resolution Approving the Sale of Tax-Defaulted Property to Wildlife Conservation Board by Chapter 8 Sale as requested by the Treasurer-Tax Collector.**

*************************************

COUNTY OF DEL NORTE

981 H STREET, SUITE 150

CRESCENT CITY CA 95531-3415

TREASURER-TAX COLLECTOR

Dawn M. Langston

AGENDA ITEM REQUEST FORM

AGENDA DATE : October 24, 2006

TO: HONORABLE BOARD OF SUPERVISORS

FROM : Dawn M. Langston , Treasurer-Tax Collector

Telephone: 707-464-7283

Fax: 707-464-7247

SUBJECT: Request for Approval to Sign Agreement and Adopt Resolution Approving

Sale of Tax-Defaulted Property by Chapter 8 Sale

RECOMMENDATION FOR BOARD ACTION:

Approve and Authorize the Chair to sign an Agreement to Purchase Tax-Defaulted Property

subject to the power of sale by agreement. Adopt Resolution of Approval by Board of Supervisors

Approving the Sale of Tax-Defaulted Property by Chapter 8 Sale.

SUMMARY:

On November 18, 2003, the Wildlife Conservation Board approved the acquisition of up to 387

acres and allocated funds for the purchase of Pacific Shores Subdivision property.

The Wildlife Conservation Board, a division of the California Department of Fish and Game, has

made a new application to Del Norte County to acquire 4 parcels, as shown on Exhibit A attached hereto,

under a Chapter 8 Agreement Sale for $7,800. All parcels lie within the boundaries of the Pacific Shores

Subdivision. The purpose for acquisition is to preserve and protect plant and wildlife habitat and open

space.

Attached is the executed Agreement to Purchase Tax-Defaulted Property.

FINANCING: Tax Collector's budget; Wildlife Conservation Board

OTHER AGENCY INVOLVEMENT: None.

SIGNATURES REQUIRED: Clerk of the Board of Supervisors

COPY DISTRIBUTION:

COUNTY COUNSEL REVIEW/SIGN O,

PERSONNEL REVIEW/SIGN OFF:

CAO REVIEW/SIGN OFF:

BOARD OF SUPERVISORS

COUNTY OF DEL NORTE

STATE OF CALIFORNIA

RESOLUTION NO. 2006-

A RESOLUTION APPROVING THE SALE OF TAX-DEFAULTED PROPERTY

TO WILDLIFE CONSERVATION BOARD

BY CHAPTER 8 SALE

Pursuant to the Request for Approval to Sign Agreement to Sell Tax-Defaulted

Property Subject to the Power of Sale by Agreement, we resolve that approval for said

sale is hereby granted. The Tax Collector is directed to sell the properties described in

said Request as provided for by law pursuant to Chapter 8 of Part 6 of Division 1 of the

California Revenue and Taxation Code.

PASSED AND ADOPTED this 24th day of October, 2006, by the following polled

vote.

AYES:

NOES:

ABSENT:

Sarah M. Sampels, Chairman

Board of Supervisors

ATTEST:

SHERRI ADAMS, Clerk of the Board

Of Supervisors, County of Del Norte,

State of California

AGREEMENT TO PURCHASE TAX-DEFAULTED PROPERTY

This agreement is made this day of , 2006, by and between the Board of

Supervisors of Del Norte County, State of California, and the State of California, acting by and through

its Department of Fish and Game, Wildlife Conservation Board, as a Taxing Agency ("PURCHASER"),

pursuant to the provisions of Division 1, Part 6, Chapter 8, of the Revenue and Taxation Code.

The real property situated within said county, hereinafter set forth and described in this agreement, is

tax-defaulted and is subject to the power of sale by the tax collector of said county for the nonpayment

of taxes, pursuant to provisions of law.

It is mutually agreed as follows:

1. That, as provided by Revenue and Taxation Code §3800, the cost of giving notice of this

agreement shall be paid by the PURCHASER, and

2. That the PURCHASER agrees to pay the sum of $7,800 for the real property described in

Exhibit "A" within 14 days after the date this agreement becomes effective. Upon payment of

said sum to the tax collector, the tax collector shall execute and deliver a deed conveying title to

said property to PURCHASER.

3. That the PURCHASER agrees to use the parcel(s) for public purpose under the following intent:

acquiring for public purposes. with the intent to use the Property for preserving and protecting

plant and wildlife habitat and open space.

4. That if said purchaser is a taxing agency as defined in Revenue and Taxation Code Section 121

or any other agency that receives its revenue share under the provisions of Division 1, Part 8,

chapter 3 of the Revenue and Taxation Code, it will not share in the distribution of the payment

required by the Agreement as defined by Section 3791 and 3720 of the Revenue and Taxation

Code.

If all or any portion of any individual parcel described in this agreement is redeemed prior to the

effective date of this agreement, this agreement shall be null and void as to that individual parcel. This

agreement shall also become null and void and the right of redemption restored upon the

PURCHASER'S failure to comply with the terms and conditions of this agreement.

RTC §§3791 , 3791 .3, 3793 SCO 8-13-13 (1-01)

The undersigned hereby agree to the terms and conditions of this agreement and are duly

authorized to sign for said agencies.

ATTEST:

State of California

Department of Fish & Game

Wildlife Conservation Board

(Purchaser) (Wohn P. Donnelly

(seal)

Interim Executive Director

ATTEST: BOARD OF SUPERVISORS

Del Norte County

By

Donna Walsh Chairman

Clerk of the Board of Supervisors

This agreement was submitted to me before execution by the Board of Supervisors and I have

compared the same with the records of Del Norte County relating to the real property described

therein.

awn M-Langstor

Del Norte County`T'ax Collector

Pursuant to the provisions of Revenue and Taxation Code §3775, the Controller agrees to the

selling price herein before set forth and, pursuant to the provisions of Section 3795, approves

the foregoing agreement this day of

STEVE WESTLY, CALIFORNIA STATE CONTROLLER

By:

State/County/One Original/Teeter SCO 8-13-13 (back)

EXHIBIT A

Pacific Shores Subdivision

Tax-Defaulted Property

Group E

Sale No. Description

First Year

Delinquent Default No Purchase Price Legal Description

1 107-021-10 1997-98 61 $ 1,000.00 LOT 3, BLOCK 1, PACIFIC SHORES. SUBDIVISION

2 107-061-16 2000-01 65 $ 2,400.00 LOT 13, BLOCK 4, PACIFIC SHORES SUBDIVISION

3 107-263-18 2000-01 81 $ 2,200.00 LOT 12, BLOCK 73, PACIFIC SHORES SUBDIVISION

4 108-231-21 2000-01 99 $ 2,200.00 LOT 1, BLOCK 49, PACIFIC SHORES SUBDIVISION

TOTAL PURCHASE PRICE $ 7,800.00

Page 1

(to go to county site doc click hyperlink below)

http://www.dnco.org/agendas/bos/publishedmeetings.htm

Pacific Shores Property Owners Association

16026 Wyandotte St.

Van Nuys, CA 91406

October 9, 2006

Del Norte County Board of Supervisors

981 H. Street Room 100

Crescent City, CA 95531

RE: Appeal of the August 8, 2006 Resolutions to 1: Withhold Chapter 8 Tax Moneys from the Pacific Shores Subdivision California Water District and 2: Send a petition to LAFCo to dissolve and reorganize PSSCWD.

Honorable Supervisors,

The Pacific Shores Property Owners Association IS NOT the Pacific Shores Subdivision

California Water District.

The following comments are those of PSPOA and not the PSSCWD.

Item 1: Withholding of Chapter 8 Tax Moneys from the Water District.

As representatives of the property owners and tax payers in the Water District, we want to know why the properties that were eventually sold to the state under Chapter 8,did not go up for Public Auction? What law says that a public auction for tax default properties cannot or should not be held. Who made the decision to withhold these properties from the market.

By not having a public auction, the person that made this decision may have cost the defaulted lot owners nearly a million dollars or more.

Example: Everyone knows that private parties auction off lots purchased in the subdivision in San Francisco and Los Angeles twice a year. The prices at auction vary from $6,000 to $10,000.

If someone in Del Norte County refused to put these properties up for Public Auction, they should be responsible for paying the difference that the defaulted property owner

would have received above the $2,000 to $4,000 that the properties were sold to the state for.

Example 2: If your husband or wife dies, and your house goes into foreclosure. If its worth $500,000 and you owe $200,000 which includes the back taxes, and it sells at auction for $500,000, the bank or county doesn’t keep the extra $300,000, it goes to

the living spouse.

We have many witnesses to testify that they were told that there was no property

in Pacific Shores to be auctioned off therefore, the losses to the original property owners

should be paid by the person or persons that called off the County Auctions in Pacific

Shores.

County Resolution of August 8, 2006 authorizing Del Norte County Board of Supervisors to withhold Chapter 8 sales money of lots in the Pacific Shores Subdivision is unlawfull. State law directs that “The tax collector shall deposit the money received from the (Chapter 8) sale like tax collections” (RT 3718). The funds should have been distributed without delay the same as any other tax revenues.

It is the opinion of PSPOA that the Del Norte County Board of Supervisors is reading the CALIFORNIA CONSTITUTION ARTICLE 13 TAXATION SEC. 32

Backwards.

CALIFORNIA CONSTITUTION ARTICLE 13 TAXATION SEC. 32.

Legal or equitable process to prevent prohibited.

No legal or equitable process shall issue in any proceeding in any court against this State or any officer thereof to prevent or enjoin the collection of any tax. After payment of a tax claimed to be illegal, an action may be maintained to recover the tax paid, with interest, in such manner as may be provided by the legislature.

Conclusion: pay the amount due the PSSCWD (a state agency) now plus interest. If the Del Norte County Board of Supervisors feels that the District tax claim is illegal feel free to pursue the second part of the Constitution.After payment of a tax claimed to be illegal, an action may be maintained to recover the tax paid, with interest, in such manner as may be provided by the legislature.

One recommendation that was suggested at the August 8, 2006 meeting of the Del Norte Board of Supervisors, was that the Supervisors should hold the Districts money until a court of law made a decision on the withheld chapter 8 money. The PSPOA agrees with this recommendation and will demand that the PSSCWD go straight to the District Attorneys office if necessary.

Item 2: LAFCo We are asking Ms. McNamer to recuse herself from the August 8, 2006 resolution vote and asking the Board of Supervisors to revote on the Lafco resolution. Because her sister in law was on the petition to dissolve the District. “The appearance of impropriety must be avoided at all costs.”

Respectfully yours,

Thomas W. Resch

President, PSPOA

Other Sources:

CALIFORNIA CONSTITUTION ARTICLE 13 TAXATION

http://www.ss.ca.gov/archives/level3_const1849txt.html

CALIFORNIA CONSTITUTION ARTICLE 13 TAXATION SEC. 32

http://www.leginfo.ca.gov/.const/.article_13