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MOORPARK CITY COUNCIL
AGENDA REPORT
BY:
TO: Honorable City Council
FROM: Deborah S. Traffenstedt, City Clerk �✓T
DATE: November 19, 1999 (CC Meeting 12/1/99)
SUBJECT: Consider Amicus Support in Ventura Group Ventures, Inc.
(VGV) v. Ventura Port District, et al.
BACKGROUND AND DISCUSSION
The City Attorney has forwarded a request for amicus support for
the California Supreme Court Case of VGV v. Ventura Port District.
Cities that agree to join in the amicus are requested to return
their authorizations by December 16, 1999. This request for amicus
support has been provided to the City Council, since the County of
Ventura and Ventura Port District are identified as the "appellees"
in the referenced case now pending before the California Supreme
Court.
The primary issues in this lawsuit have been identified in the
attached letter as: 1) whether a Court can force the County of
Ventura, on behalf of the Port, to levy an additional tax in an
amount sufficient to pay the unpaid balance of a VGV judgment
against the Port, and 2) whether a Port District created pursuant
to California Harbor and Navigation Code has independent authority
to impose assessments in order to raise the funds needed to satisfy
the judgment against the Port. VGV is seeking a judicial
determination that the power to tax and levy assessments exists and
that the County of Ventura and /or the Port can be compelled to
exercise that power. The attached letter from the City Attorney of
San Buenaventura provides further explanation.
STAFF RECOMMENDATION
Direct the City Attorney to sign the representation form
authorizing the City of Moorpark to be added to the amicus brief.
Attachment: Letter dated November 8, 1999
00035 0
CITY OF SAN BUENAVENTURA
November 8, 1999
Attention: City Attorney
Re: Amicus Brief in Ventura Group Ventures, Inc. (VG19 v. Ventura Port District (the Port),
et al. U.S. Court of Appeal for the Ninth Circuit, Case No. 97- 55269; Supreme Court of
California Case No. S080112
Dear City Attorney:
I am writing to request your City's participation as amicus curiae in a brief this office is
preparing in support of the County of Ventura and Ventura Port District, Appellees in the above -
referenced matter. The case is now pending the California Supreme Court. The Supreme Court
granted a Request for Certification made by the United States Court of Appeals for the Ninth
Circuit.
When this case was pending before the Ninth Circuit, the Legal Advocacy Committee of
the League of California Cities urged that cities participate as amicus curiae. Bob Boehm, City
Attorney of the City of San Buenaventura, is writing the amicus brief. Bob is available for
telephone inquiries at (805) 6547815.
The primary issues in this lawsuit are 1) whether a Court can force the County of
Ventura, on behalf of the Port, to levy an additional tax in an amount sufficient to pay the unpaid
balance of a VGV judgment against the Port, and 2) whether a Port District created pursuant to
California Harbor and Navigation Code §6210 has independent authority to impose assessments
in order to raise the funds needed to satisfy the judgment against the Port. VGV is seeking a
judicial determination that the power to tax and levy assessments exists and that the County of
Ventura and/or the Port can be compelled to exercise that power. -
VGV is an unsecured creditor of a special district that seeks to recoup the portion of their
judgment that remained unsatisfied as a result of bankruptcy proceedings. To achieve that end,
VGV wants a court to grant the extraordinary and unusual remedy of a court imposed tax or
Office of the City Attorney 0003.51
501 Poli Street • P. O. Box 99 • Ventura, California • 93002 -0099 • (805) 654 -7818 • FAX (805) 641 -0253
Re: Amicus Brief— VGV v. Ventura Port District
November 8, 1999
Page 2
assessment without voter approval pursuant to Propositions 13 and 218. In order for a court to
grant VGV the relief requested to satisfy the balance of its judgment, it would be necessary for
the court to override or carve out exceptions to the constitutional amendments set forth in
Proposition 13 and/or Proposition 218. This will have a substantial effect on all public agencies
in California with the power to levy property taxes and/or assessments.
If your city is willing to join as an amicus party, please complete and return the enclosed
consent form by facsimile as soon as possible. The facsimile number is (805) 641 -0253.
Currently, the briefs of the County and the Port are due on December 16, 1999.
Thank you very much.
RGB:smm
Enclosure
AUTHORIZATION TO JOIN AMICUS BRIEF
TO: Robert G. Boehm, City Attorney
City of San Buenaventura
P.O. Box 99
Ventura, CA 93002
Fax Number: (805) 641 -0253
I hereby authorize you to include the City of
California, as an amicus party in the amicus brief that the City Attorney of the City of San
Buenaventura is preparing in the case of Ventura Group ventures, Inc. (VGkg v. Ventura Port
District (t ►e Poet), et uL, currently pending before the California Supreme Court, Case No.
5080112.
I understand that no financial contribution of any kind is required for amicus parties.
CITY ATTORNEY
Printed Name:
California State Bar Number:
Address:
4
000353