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File #: 10-0364    Version:
Type: Agenda Item Status: Failed
File created: 4/7/2010 In control: Board of Supervisors
On agenda: 10/5/2010 Final action: 10/5/2010
Title: Consider Serrano Associates, LLC claim for refund of Mello-Roos taxes. (Est. Time: 20 Min.)(Cont'd 8/24/10, Item 37)
Attachments: 1. Letter from Kirk Bone attached 4-26-10, 2. Email from G. E. Hamlin - att'd 4-13-10, 3. Letter from Kirk Bone attached 5-14-10, 4. 3A - Letter from K. Bone dtd 7-16-10.pdf, 5. 3B - Letter from Stradling Yocca Carlson and Rauth.pdf, 6. 3C - Expert Testimony and Publications.pdf, 7. 3D - Introduces Craig M. Enos.pdf, 8. 3E - Craig M. Enos CPA.pdf, 9. 3F - Statement of Qualifications.pdf, 10. 3G - Letter from J. Murphy dtd 7-16-10.pdf, 11. 3H - Letter from J. Harn dtd 7-16-10.pdf, 12. 3I - Letter from Stradling Yocca Carlson and Rauth dtd 7-16-10.pdf, 13. 4A - Memo re Serrano claim for refund, 14. 5A - Request for Continuance to August 17, 2010, 15. 5B - Email from N. Santiago, 16. 6A - Letter from Serrano, 17. 6A1 - Letter from John Murray, 18. 6A2 - Abbreviated Timeline Info CFD 1992-1 08 19 10, 19. 6A3a - 18527 Cash Flow2-pp, 20. 6A3b - Delinquency CHARTS - Rev, 21. Letter from J. Harn 10-0364 6B.pdf, 22. Serrano final vote 08-24-10, 23. 7A - Letter from Serrano Associates 092110, 24. 7B - El Dorado Co Ltr to BOS 09 24 10.pdf, 25. 7C - Analysis - BOS 9-23-10.pdf, 26. 7D - Memo from Jonathan Cristy, 27. Memo from Tim Youmans and Russ Powell
Related files: 10-0060
Title
Consider Serrano Associates, LLC claim for refund of Mello-Roos taxes. (Est. Time: 20 Min.)(Cont'd 8/24/10, Item 37)
Body
Background: On July 20, 2010 the Board took the following action:
A motion was made by Supervisor Sweeney, seconded by Supervisor Knight, as follows:
1) Adjourn into Closed Session;
2) Schedule a Closed Session for Tuesday, July 27, 2010;
3) Continue this matter to August 10, 2010.

Background: On June 22, 2010 the Board took the following action:
This matter was continued to July 20, 2010 upon approval of the consent calendar.

Background: On April 13, 2010 the Board took the following action:
A motion was made by Supervisor Sweeney, seconded by Supervisor Santiago, as follows:
1) Rescind the decision made on February 23, 2010, Item 27 regarding this matter;
2) Set a hearing for June 22, 2010 at 2:00 p.m. to hear this matter;
3) Request that the taxpayer provide documents to the Clerk of the Board at least ten days prior to the hearing date; and
4) Direct County Counsel to work with the applicant's counsel in reference to hiring Sam Sperry as bond counsel for the parties in this matter.

On February 23, 2010, the hearing to consider Serrano Associates, LLC request for refund of Mello-Roos taxes - Revenue and Taxation Code Section 5096 was set to be heard after several prior continuances at the request of the claimant. At that time, the Board moved to direct the Chief Administrative Officer (CAO) to hire an outside auditor that was acceptable to County staff and claimant, to direct such auditor to provide a full transactional analysis of the Mello-Roos fund with an analysis of such transactions compliance with the Indenture documents on the basis that the issues to be resolved were technical calculations, and upon receipt of such analysis, the Chief Administrative Officer to transmit such analysis to bond counsel for an opinion. That motion passed resulting in the hearing being continued with agreement from the claimant, pending...

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