This meeting was called because the board majority (UIR) leadership failed to call any meeting of the KPFA local board between January 11 and April 20, despite bylaws requirements for LSB meetings every 60 days and the important issues of the KPFA property tax default and the Pacifica Restructuring Project bylaws proposal being of keen interest. The meeting was boycott by 15 of the 16 UIR representatives and was modified into a town hall discussion between the 9 local board members present and the approximately 35 members who attended.
Written summary below
Audio file is here.
The Rescue Pacifica KPFA Town Hall of April 30, 2020
– by Daniel Borgström and Mara Rivera
SUMMARY
Rescue Pacifica affiliated members of the KPFA Local Station Board (LSB) had called for an electronic board meeting on April 30, 2020. Since there was not a quorum of LSB members, this event was turned into a Town Hall. Using Zoom, about forty persons attended. These included two people in New York, one in Los Angeles, and even a person in Belgium in addition to the majority from around the Bay Area. This illustrates an advantage of electronic meetings — that people in other regions can participate through their computer.
THE MEETING IS ANNOUNCED and NOTICED for 11 a.m., April 30, 2020
KPFA’s board had not met for more than two months, so Rescue Pacifica affiliated board members set up a teleconference LSB meeting for April 30th at 11 a.m. This was to discuss crucial issues, and also to fulfill the Pacifica Bylaws requirement that board meetings be held no less than every 60 days. Nevertheless, the leadership of the dominant majority of the this board (UIR/SK) adamantly refused to consider any meeting in March or April. They tried to stop this meeting and even posted a deceptive notice at the official Pacifica website in which they misleadingly announced that this meeting would be held at “4:30 a.m.” That bogus announcement, posted by their secretary, expressed their absolute refusal to meet in April, so it didn’t look like enough (if any at all) of them would show up to make quorum.
Quorum requires 13 LSB members. Of the 24 board members, 8 are affiliated with Rescue Pacifica. So with the majority likely to boycott, quorum was not likely. In that case we would turn the meeting into a Town Hall — that was Plan B.
THE TELECONFERENCE OPENS, APRIL 30, 2020
With the technical support of Frank Sterling who set up this teleconference, Vice Chair Marilyn Langlois opened the Zoom connection a few minutes before 11 a.m. This was the electronic equivalent of opening the door to the meeting room. Most board members had not used Zoom till the advent of the current pandemic and the lockdown, which here in the Bay Area had begun about six weeks earlier. This was a totally new experience as we peered into our computers, seeing person after person appearing on the screen, and saying “Good morning!” One person couldn’t seem to get his picture up, then remembered having covered the camera of the computer with tape — a common precaution in this age of police state surveillance.
Unfortunately, not everyone did get fully connected. One participant (not a board member) later emailed to say that although she’d been able to hear the conference, she was not able to speak. Obviously, some technical problems need to be worked out. On the plus side there was the huge advantage that people from around the Bay Area were able to attend without having to ride for an hour or more.
The meeting began at 11:15 A.M.,” chaired by Marilyn Langlois, Frank Sterling doing the technical support, and Daniel Borgström functioning as acting secretary for the day. Nine of the 24 KPFA board members were present. These were:
Marilyn Langlois, Vice Chair, Frank Sterling, Daniel Borgström, Christine Pepin, Susan da Silva, Karina Stenquist, James McFadden, Mantra Plonsey, Tom Voorhees
Eight of these were Rescue Pacifica people, and one, Susan da Silva, from the UIR. Because this wasn’t enough board members to make quorum, the meeting became a Town Hall. This event would be informal. No time limits on speakers, just a request for everybody to please be respectful of others, and not take too much time. As it turned out, this went very well, with no excessively long-winded floor-hogs.
The agenda, the reports and topics for this day’s Town Hall were:
–Public comment & announcements
–KPFA General Manager’s report with Q and A
–COVID-19 updates, including Pacifica COVID-19 programming task force
–Report to listeners on the outcome of the bylaws election
–Property tax update and financial report
–Begin process for evaluation of the General Manager
–KPFA membership management, tracking and reminder notices for annual dues
PUBLIC COMMENTS & ANNOUNCEMENTS
Janet Kobren — Concerned about how this meeting was called and noticed; that it might be improper according to the bylaws. However, KPFA’s LSB has not called a meeting in a long time. So could this meeting be illegal or improper? Suggested that KPFA LSB could be sanctioned by the PNB for not meeting.
Stan Woods — LSB meetings are nearly always held only in Berkeley. Need to rotate meetings among other locations when this Covid 19 pandemic is over and we go back to face-to-face meetings again.
Also, an announcement: May Day event at 10 a.m. on May 1st. And an action at San Quentin State Prison on May 9th at 11a.m.
Bruce Greif [from New York] — A general comment, town hall perspective. Just continue to have town hall meetings. Dial-in would work for many.
Pete Farruggio — Concerned about the right-wing drift of KPFA programming, with a few notable exceptions. I listen throughout the day and get disgusted at hearing neocons. Show hosts with guests talking about the need for strong U.S. security, and how not everything the CIA and FBI do is bad, and we need them, etc.
This is why I joined Rescue Pacifica; I saw RP statements, then got involved.
Welcomes the opportunity to express the need to reform KPFA’s stance & conform to its mission.
END OF PUBLIC COMMENTS
The agenda included a GENERAL MANAGER REPORT from Quincy McCoy: The GM was invited to this event but was not present. Actually he usually does not attend LSB or Town Halls. Several of the LSB members have still not met him. His most recent report was the “Quarterly GM Report, May-August 2019.”
Rescue Pacifica had written GM Quincy McCoy a letter asking for information and clarification about what is happening at KPFA. It was signed by nine people and sent on April 8th. But the GM has not responded. A copy of this letter to GM Quincy McCoy is in the appendix of this report.
In the absence of the GM and GM’s report, there was no further discussion on this item, but see the later item (below), GM evaluation.
THE REPORTS AND DISCUSSIONS WITH Q&A
There were about 40 participants; the 9 board members plus about 30 others who logged on during the course of this event. Some coming and some leaving as is usual during face-to-face events. About 15 spoke in the discussions.
The acting secretary took brief notes, and comments from this discussion are quoted in part or paraphrased from notes.
** COVID-19 UPDATES, INCLUDING PACIFICA COVID-19 PROGRAMMING TASK FORCE
Frank Sterling —
Covid 19 at the station: there have been 2 such programs.
Door codes disabled. The apprenticeship program continues, but not everyone has the facilities or skills to continue at-home programming. Will have some May Day programming for weekly program. We continue the training and meetings.
Wish for general staff meetings, LSB meetings which were discontinued.
Steve Zeltzer — reporting on Covid-19 Task Force set up by PNB (Pacifica National Board), unanimously. To address a lack of communication between stations.
Includes safety measures for the stations in order to continue programming and information about the C-19 not available elsewhere.
Will address new ways of coordinating info network wide.
A multimedia portal – programming to include international – Pacifica Channel as an outlet resource for all stations — Example: May Day programming.
Multi media including video training for all, putting material on Web.
Upcoming programming needed on the depression, probable famine, financial crisis for Pacifica — unemployment — ways of fundraising through multimedia. Multimedia channel will have a button for contributing.
** REPORT TO LISTENERS ON THE OUTCOME OF THE BYLAWS ELECTION
A referendum was held on the proposed replacement bylaws for Pacifica. Voting took place from February 18th to March 19th; 2020 and the results came in on March 23rd. Pacifica voters rejected the proposed bylaws by a landslide 2/3rds majority.
Details and station by station breakdown of results are below in the appendix.
The full length election report is at
Chair Marilyn Langlois — I heard iED Lydia Brazón made a recorded announcement (PSA) for the stations.
Has anybody heard any announcement of the results on KPFA’s airwaves?
Frank Sterling — I could make an announcement of it.
Christine Pepin — Didn’t hear anything on air, and no official email either.
Janet Kobren — Membership post on national level, so stations are not responsible. It’s not their role to announce it. It’s the role of the election supervisor. I wonder if the Pacifica Executive Director (ED) has directed the election supervisor to announce it.
Steve Zeltzer — The news department at KPFA has a responsibly to cover the election and so does the KPFA General Manager. They don’t have to wait for the election supervisor. The station’s lack of reporting on the referendum is a statement in itself. It’s a dereliction of their duty – an attack on democracy – a lack of respect for the listeners. Pacifica National should require a “must carry” requirement of the election result (to the News Department).
Covid task force, May Day actions (which were also not reported either, nor on the website). The station seems to be trying to do its own thing (apart from the network).
(NOTE: Listen at 54:08 for more of Steve’s statement.)
Marilyn Langlois — The issue was covered on KPFA during the election, so the results would be of interest to the listeners.
James McFadden — I reiterate what Steve said. It’s the station’s responsibility. There’s a page on the KPFA’s website about the election; no announcement there. Possibly an effort to pretend the election never happened.
Stan Woods — Brian Edwards-Tiekert and Philip Maldari talked about the referendum on air during their shows, promoting the bylaws change election, but have not reported the results. It’s not only up to the PNB [Pacifica National Board] to report this. Out of respect to the voters there should be an announcement of the results by station or anyone.
Kim Kaufman [from Los Angeles] — I have heard on KPFK a (recorded) announcement from Executive Director Lydia Brazón.
It was discussed at the last PNB meeting. So send an email to Lydia. A motion was passed at the PNB. Also, KPFK and other stations have met several times on Zoom. Your [KPFA’s] lack of LSB meetings — that has been an issue noted at the PNB.
Susan da Silva — It should have been announced.
On a different topic, I want to ask Steve about the Covid task force. [See Covid Task Force report above]
** PROPERTY TAX UPDATE AND FUND DRIVE AND FINANCIAL REPORT
KPFA had not paid property taxes for over 6 years, and the Alameda County Tax Office sent the station a notice* saying that $486,000 was due, and if not paid, the station’s building at 1929 MLK would be auctioned on March 20, 2020.
Pacifica attorneys negotiated with the tax office, filed the required forms, and the auction did not take place. However, at last report the matter was under negotiation, and the final dollar amount not settled.
In Appendix see:
– Notice of Sale of Tax Defaulted Property, 1/13/2020, and
– PNB statement re KPFA Property Taxes 2/15/2020
Chairperson Marilyn Langlois — Does anybody have (financial) updates?
Frank Sterling — Fund drive report from the program director that we did have a successful fundraising drive. The May drive will start in 2nd week of May.
James McFadden — I was elected to the LSB a year ago, and I think the info about not paying taxes should’ve been available, but wasn’t. They keep the LSB in the dark. This is unconscionable. It was a shock to me. Some members did know and did not inform us. The Budget Committee was not informed either. We voted on the KPFA budget, but this was not in the budget. The LSB is to have fiscal responsibility and oversight of the budget, but this never even went to the Budget Committee. It was kept secret to all but the GM and a few LSB delegates. Hopefully this will now change.
Janet Kobren — This (at KPFA) has been discussed at the PNB. There have been reports at PNB meetings. Tonight [April 30] there is a PNB with focus on financial matters.
Mara Rivera — [Reading from http://www.PacificaInExile.net ] “The 16 past due annual filings for the studio and antenna site have now been filed and the state welfare exemption certificate is being updated. The properties were removed from the auction list, prior to Alameda County’s freeze on auctions due to unpaid property taxes, which is still in effect. Once the new assessment is complete, an amount of money that will total at least $100,000 for the now eight years of unpaid taxes plus penalties and interest, will need to be paid. It isn’t clear how much of the $486,000 bill will be credited back, hopefully about 75% of it, but no guarantee. This, of course, is another big financial hit.”
[NOTE: See Lydia Brazón’s letter to the LSBs below in the Appendix for more information, though the name change requirement information may not be totally correct.]Susan da Silva — I take issue with James. A problem is assigning bad motives to people. The unpaid property tax was revealed when the KPFA property was sold. The property tax info was not purposely kept from anyone. I don’t think it was a secret thing. It is a problem that bad motives are assumed. I think it was a problem with continuity – new iEDs (interim Executive Directors) all the time. We were trying to fix these problems with the new bylaws – more stability & clearer lines of authority.
James McFadden — This has to do with fiscal responsibility; this is a budget item; I don’t have to invoke motives at all; we were not informed. We were treated like mushrooms — kept in the dark and fed shit. Should have been on the budget we voted on. Secrecy around the finances – we don’t get the budget we’re to vote on beforehand, or in a format we can understand. They’re treating us like we’re just supposed to rubber stamp everything, and if this has been going on for years, there’s a problem. This culture of secrecy has to end.
That was the whole point of the democratic rule adopted long ago — to be a beacon of openness. It’s good that this is coming to light. Now we can come together on the LSB and fix this problem.
NOTE: Hear this eloquent statement in its entirety at 1: 17 !
Frank Sterling — I agree with James. Not to assign any motives, but it does go back a way — we just need to be open and informed. I was on the LSB when the KPFA Foundation secret move came to light. That’s why I’m so excited to have this meeting today, peaceful & cooperative. Not the secrecy and the crazy emails we’ve been having. We want to do the work. We’re getting along; no one’s been angry or put down.
Sad that the property tax thing came to light this way, I wish they could be like “we blew it”. Blame not necessary.
But there has been no acknowledgement.
I want to come out of this lack of meetings and am glad to see the people who want to get together and do the work, come up with a plan.
There are people out there who don’t believe the LSBs need to exist — I’d hope they’d move on. We want to do the work. I want to share ideas, get together with others and present ideas together, to management.
Openness is important – I look forward to this happening going forward.
Susan da Silva — I want to say I don’t think it was secrecy. The tax problem was a bureaucratic bungling. Secrecy about individual station books. The accounting firm will help, now.
Steve Zeltzer — Not just a mistake. Never reported to the LSB. KPFK paid their taxes (to the state of California). A responsibility of the Business Manager and Management. Financial issues should go to the LSB.
My view is malfeasance. A report to the LSB was needed. She [the Business Manager] reported to a staff meeting, but blamed the PNB.
The local business manager’s job is to see taxes are paid. If she couldn’t do it, she owed a report to the LSB.
Susan da Silva — Name change threw off our tax rate etc., etc,
A bureaucratic issue – not secrecy.
Give people the benefit of the doubt.
NOTE: Hear more about this story from Susan at 1:28
Christine Pepin — Difficult to get information. And if information is being withheld, perhaps. We are hopeful that we’ll be able to work together; this is a beginning.
Janet Kobren — I would caution people to not come to conclusions based on stories, (such as the name change/tax problem). Look at the facts. I don’t necessarily buy this story.
Daniel Borgström — I have a serious problem with the lack of information.
I can believe it was a bureaucratic mix up, but the buck should stop with the General Manager. This went on for 6 or 7 years, that the property taxes were not paid. When the problem did finally come to light [January 30th] the GM was out of town, and instead of rushing back to look after the matter, he stayed gone for another week or ten days.
Station going in a hole $1/4m a year. Info from NETA. Management denied it. What is really happening?
** BEGIN PROCESS FOR EVALUATION OF THE GENERAL MANAGER
Not done for many years. What do people think about this process, what criteria to use?
Frank Sterling — There are new guidelines to evaluate the GM. I want to see the guidelines, and how the process will proceed.
Essie Baradar — I’m a member of San Jose Peace Center and am interested in keeping the station alive. It’s a local treasure. What shall we do to proceed? It’s difficult to get our announcements on the air.
Janet Kobren — A comment on how Marilyn is chairing this meeting, doing a great job. I’m a former LSB and PNB member. Quincy McCoy was last evaluated in 2016. It’s supposed to be every year, and it hasn’t happened. A number of shows have been taken off the air. What is the criteria for taking shows off, for replacing them?
Christine Pepin — I echo Essie’s comments, and Janet’s. I’m also from the South Bay and I would like more on what’s going on locally, more local grassroots reporting would be welcome. After all, San Jose is the 3d largest city in California, and the 10th largest city in the nation! Need more news on 3rd parties, the Green Party, the Peace & Freedom Party — it used to be that way, and it has changed. Now KPFA news is more of what we hear in MSM.
Kim Kaufman [from Los Angeles] — My experience, when I was on KPFK’s LSB, evaluating the GM, the guidelines were very long and detailed. So we decided to take the job description and turn it into questions, how he was doing on each item – numbers 1 to 5. We used the job description on which the GM was hired. And the evaluation should be open, not confidential. This should all be open, up to the final evaluation.
Chair Marilyn Langlois — I asked for the GM’s job description. I’m putting out a call to see if we can get the GM’s job description. Yes, it starts from there.
Stan Woods — Strongly echo Essie and Christine. And we need to reestablish a democratic program council. The idea of a program director and GM having all the power over programming is a corporate model.
Janet Kobren — During the 2016 evaluation, each person had only one minute to speak. The LSB has never evaluated the PD [Program Director]. The PD should attend LSB meetings. The LSB needs to evaluate the PD as well.
**KPFA REMINDER NOTICES, membership management, tracking for annual dues
Mara Rivera — All stations have had a drop in membership, but this is one we don’t need to have: People don’t know when their subscriptions run out. The station needs to notify them. In order to find out on their own, they meet with an obstacle course. This doesn’t have to be hard copies, could be emails. The subscription manager could have this in their job subscription. Or perhaps a new LSB officer position: a Listener Liaison.
Tom Voorhees — Seconds this. As it is now, the Affiliates have to make up for subscription shortfalls at the 5 stations.
Susan da Silva — I want to support what Mara said. The KPFA membership list is a complete mess. That is one area where we can really assert pressure. The phone room supervisor doesn’t emphasize how important it is to get email addresses.
from Chat Box:
Bruce Greif [from New York] — A suggestion on the Program Director search: It’s kind of like “We’re going to open a restaurant, so let’s go hire a chef.” “Well, what’s the cuisine?” “I’m not sure . . . just go hire a chef.” — which is why GMs and PD’s fail — with no map or compass how can they succeed?
I would suggest that before hiring another “chef” (or PD or GM), first hold a series of Town Halls, conferences, etc. and come up with a statement of goals and principles, a criteria for “success.”
more from Bruce: Where are the young people?
Other languages in our broadcast area?
Criteria for success of stations – special niches, etc (not just listener stats).
Use email for feed back and more. . .
** CLOSING This Town Hall was a total of nearly two and a quarter hours, from 11:15 a.m. and closed at 1:25 p.m. with Tom Voorhees and others saying, “We should do this again, for sure!”
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APPENDIX
This appendix has
Letter to GM Quincy McCoy
Referendum results data
Property tax
— notice from tax office
— letter/report from ED/ or PNB
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To: Quincy McCoy <q@kpfa.org>
Cc: pnb@pacifica.org
Date: April 8, 2020 at 6:03 PM
Subject: Request for report on KPFA
Dear Manager McCoy,
We recognize that KPFA’s role in disseminating information to the public is especially crucial now during the COVID-19 crisis, and we appreciate efforts by you and all the staff to continue programming in these difficult circumstances.
We are writing to you now to seek information and clarification about what is happening at KPFA. The LSB has not met since January 11, the March 20 meeting was cancelled due to the shelter-in-place, and it isn’t scheduled to meet again until May 16, even though the undersigned are trying to initiate an online meeting in April. The LSB has not received a report from you since your quarterly report of Aug. 17, 2019, and some of us who joined the LSB last fall haven’t had an opportunity to meet you yet.
With so much going on, several questions arise, which we’re asking you to address:
What is happening at the station for the protection of on-site staff? What steps have been taken to assist staff and producers to produce remotely?
Which positions have been furloughed or terminated due to COVID-19 and will there be more? Of those furloughed how many are paid or unpaid, and how will this affect SBA loans that Pacifica may receive from the CARES act?
Have there been new hires in the past year and what is their current status?
Do all staff still have door codes to the KPFA building, even though some are working from home?
What programming changes at the station have been made in the last three months? What programs have been terminated and what new program changes been introduced, and what was the reasoning behind these decisions?
To what extent have the changes in programming resulted in less content produced locally and/or by community programmers?
What plans do you have for fund raising in this dire economic financial situation?
Will KPFA participate in a nationwide Giving Tuesday event on May 5?
What are your plans for making on-air announcements to KPFA listeners on the outcome of the recent Pacifica bylaws election?
What is the current status of the KPFA property tax liabilities?
Thank you and stay well–
Sincerely,
Marilyn Langlois, KPFA LSB vice-chair
Daniel Borgstrom, KPFA LSB member
James McFadden, KPFA LSB member
Christine Pepin, KPFA LSB member
Mantra Plonsey, KPFA LSB member
Stan Woods, KPFA listener member
Steve Zeltzer, KPFA unpaid staff
Mara Rivera, KPFA listener member
Pete Farruggio, KPFA listener member
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RESULTS OF THE PACIFICA BYLAWS REFERENDUM
The full report is at
Here are the results on the Pacifica bylaws referendum from all 5 Pacifica network stations where voting took place:
66% listeners voted NO
Yes 3273
No 6340
65% staff voted NO
Yes 177
No 331
Here is a breakdown on how listeners and staff at each station voted:
Table 4. Listener Member Vote – Percent Voted by Station and Vote Type
Percent of total(N=42491)Electors (%) N=42491 Voted (%)N=9714
No (%)N=6340 Yes (%)N=3273 Abstain (%)N=101
KPFA 29% total 38% electors 59% No 40% Yes 1% Abstain
KPFK 32% total 22% electors 54% no 45% yes 1% abstain
KPFT 10% total 9% electors 48% no 51% yes 1% abstain
WBAI 14% total 17% electors 95% no 4% yes 1% abstain
WPFW 14% total 13% electors 76% no 22% yes 2% abstain
Table 5. Staff Member Vote – Percent Voted by Station and Vote Type
Percent of total (N=993)Electors (%)N=993Voted (%)N=512
No (%)N=331Yes (%)N=177Abstain (%)N=4
KPFA 22% total 23% electors 42% no 57% yes 1% abstain
KPFK 27% total 21% electors 42% no 57% yes 1% abstain
KPFT 17% total 11% electors 35% no 66% yes 0% abstain
WBAI 22% total 30% electors 95% no 4% yes 1% abstain
WPFW 12% total 15% electors 94% no 5% yes 1% abstain
FULL REPORT IS AT
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UNPAID PROPERTY TAXES, NOTICE FROM TAX OFFICE
(January 13, 2020)
$ 486,853.00
— — —
Notice of Sale of Tax Defaulted Property
Alameda County Tax Collector’s Office
MICAH J. HALVERSON, ESQ. KUTAK ROCK LLP
1801 CALIFORNIA STREET #3OOO
DENVER, CO 80202
Recorder’s Number: 2018-068707
January 13, 2020
IMPORTANT NOTICE TO PARTIES OF INTEREST
Our records indicate you may have a legal interest in the property described below. This property will be offered for sale at public auction to the highest bidder, at the place, date, and time indicated. The proposed sale is for the purpose of satisfying unpaid taxes, penalties, and costs.
The amount currently required for redemption is shown below, THE RIGHT 0F REDEMPTION WILL TERMINATE AT THE CLOSE OF BUSINESS OR 5PM, WHICHEVER IS LATER, ON THE LAST BUSINESS DAY PRIOR T0 THE COMMENCEMENT DATE OF THE TAX SALE. If the property is the subject of a bankruptcy proceeding, this notice constitutes a “notice of tax deficiency” pursuant to Section 362(b)(9)(B) of Title 11 of the United States Code,
Redemption Amount: $ 486,750,86* If paid by: March 19, 2020
The auction will be held online at www,bid4assets.com beginning at 8:30AM on March 20,2020 and ending at l:00PM on March 23, 2020. If the parcel is not sold, the right of redemption will revive and continue up to the close of business on the last business day prior to the commencement date of the next scheduled tax sale. Parcel may be reoffered beginning at 8:30AM on May 15, 2020 and ending at 1:00PM on May 18, 2020.
Assessee’s Name:
Assessor’s Parcel No:
Address of Property:
Minimum Bid:
PACIFICA FOUNDATION KPFA RADIO
57-2059-1 3-1
1929 M L KING JR WAY, BERKELEY
$ 486,853.00
*This amount will be increased by $100.00 if this notice is posted on the property by the Sheriff s Department.
ONLY CASH, CASHIERS CHECK, CERTIFIED CHECK, OR POSTAL MONEY ORDER WILL BE ACCEPTED TO REDEEM THIS PROPERTY AND MUST BE MADE PAYABLE TO: Henry C. Levy, Treasurer and Tax Collector. If you have any questions regarding redemption amounts please call (5’10)272-6800.
Note: For any property that has sustained damage due to a local, state, or federally declared disaster, and has not been substantially repaired within five years from the date of said disaster, that property may be not be eligible to be offered for sale at county auction for up to 10 years after the date of said disaster. If property described in this notice falls into this category, contact the county tax collector’s office immediately at (510) 272-6800. Documentation may be requested by the tax collector showing that the property was damaged as the result of a declared disaster and the date the damage occurred,
RIGHTS OF PARTIES OF INTEREST AFTER SALE
If the property is not redeemed, and it is sold, you have the right to file a claim with the county for any excess proceeds from the sale. Excess proceeds are the amount to the highest bid in excess of the liens and costs of the sale that are required to be paid from the sale proceeds. To claim the excess proceeds, you must be a “party of interest” as defined by California Revenue and Taxation Code section 4675,
A claim for excess proceeds must be filed within ONE YEAR after the tax collector’s deed to the purchaser is recorded, The law protects parties of interest by requiring that any assignment to another person of the right to claim excess proceeds can be made only by means of a dated, written document. The document must specifically state that the right to claim excess proceeds is being assigned and that each party to the transaction has informed the other of the value of the right being assigned.
If you have any questions concerning redemption, the proposed sale of the property, or your right to claim excess proceeds, contact Theody Virrey at 510-272-6844,
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PACIFICA STATEMENT RE KPFA PROPERTY TAXES
Feb 15, 2020
From Pacifica Executive Director ed@pacifica.org
Date Sat, Feb 15, 2020 at 808 PM
Subject Open session statement re KPFA Property Taxes
To Pacifica National Board pnb@pacifica.org
Dear PNB Members,
Feel free to share this information with your LSBs in open session.
This is a progress report specifically re the KPFA property taxes which have become a topic of public discussion.
At issue is that the property taxes for KPFA and its transmitter parcel in Berkeley were not paid for a number of years. Penalties were accrued resulting in tax liens.
Pacifica Foundation, Inc. has engaged two specialty firms helping us with the tax lien for KPFA and the transmitter property as well. Both firms have clearly made this a priority. The law firm helping us with the tax exemption has great expertise in this particular area and the lawyers and communicated with someone with the authority to grant us some status relief, pending the submission of our exemption application by Friday, February 14. Relief regarding the lien is not guaranteed, but I think we can be cautiously hopeful. KPFA produced the final financial documents needed for both properties on Thursday, February 14.
However, it is also the case that the Organizational Clearance Certificate I sent them which we’ve always used, and which grants the Pacifica Foundation, the property tax exemption status as a non-profit entity, must be reapplied for. It turns out such a Certificate had to be applied for when the name was changed in 2013 and again when we changed it back in early 2015 to Pacifica Foundation, Inc.. That further complicated the application attempted by KPFA during that same period. KPFA already had a reduced tax amount as a result of previous tax exemptions applied for, but the subsequent one was intended to render the properties totally exempt from taxation. The lawyers also believe all of Pacifica’s properties should qualify for full exemption status.
On Friday, the focus was on providing the lawyers the requisite information for a new Organizational Clearance Certificate application including Pacifica’s financials for fiscal ending 93019.
I’m happy to report that the February 14 deadline was met and both the multiple exemption applications and the application for a revised Organizational Clearance Certificate were submitted yesterday.
The second law firm dealing with the actual tax bill and fines for KPFA, part of which hinges on the exemption discussed above, is working simultaneously to eliminate as much of the penalties as possible and get Pacifica out from under the threat of the dire consequences which would otherwise be a possibility.
Additionally, the KPFK Business Manager submitted an application for additional tax exemption yesterday as well. KPFK is current with its tax payments but since the yearly deadline for exemption claims is February 15, I asked the attorneys to review it as well and they found KPFK application to be in good order.
The KPFT property in Houston Texas is totally exempt from property taxes.
As the situation progresses toward resolution, I will update your PNB directors.
Than you,
Lydia Brazon
Interim Executive Director
Pacifica Foundation
Cell (213) 999-1037
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