HomeMy WebLinkAboutAGENDA REPORT 1993 0616 CC REG ITEM 08I y
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MOORPARK, CALIFORIV:,.
AGENDA REPORT c*y Coin^ M o:n3
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TO: The Honorable City Council
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FROM: Lillian E. Hare, City Clerk
DATE: June 8, 1993 (CC meeting of 6/16/93)
SUBJECT: CONSIDER UNION OIL COMPANY (CASE BC079059) , CHEVRON
U.S.A. , INC. (CASE BC079054) , MOBIL OIL CORP. (CASES
BC079053 AND BC079056) , SHELL OIL COMPANY (CASE
BC079061) , AND TEXACO TRADING & TRANSPORTATION (CASE
BC079058) VS. CALIFORNIA STATE BOARD OF EQUALIZATION, ET
AL.
BACKGROUND
County Counsel has advised the City that the County of Ventura has
been named as a defendant in the above subject actions to recover
taxes levied on state assessed property. The City may be affected
but the County has not yet been able to confirm the location of the
parcel numbers involved nor the total refund sought from Ventura
County and related tax recipients.
It is anticipated that the attorney general's office will be, in
effect, representing a number of counties, including the County of
Ventura in this suit. Pursuant to Section 5148, subdivision (b) ,
of the Revenue and Taxation Code, any city receiving notice of the
action filed against the State Board of Equalization and the County
may, within 30 days of the receipt of notice, intervene in that
action. Upon our request, the County will furnish us with copies
of the summons and complaint.
The County has previously represented the City in actions of this
type and will do so in this case. No action is required of the
Council .
RECOMMENDATION
Receive and file the report.
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J�' G
JAMES L. McBRIDE 0•-1'• i ASSISTANTS
COUNTY COUNSEL (� t� D
fA Donald S. Greenberg
Andrew B. Gustafson
MELODIE M. KLEIMAN 0 r P Donald 0. Hurley
CHIEF ASSISTANT �4/FORS\ Noel Klebae uLawrenm
Patricia McCourt
COUNT' COUNSEL Robin D. McGrew
William C. Moritz
FRANK O.SIEH Daniel J. Murphy
LITIGATION SUPERVISOR COUNTY GOVERNMENT CENTER ADMINISTRATION BUILDING Lori A. Nemiroff
800 SOUTH VICTORIA AVENUE Roberto R. Orellana
VENTURA,CALIFORNIA 93009 Michael B. Powers
TELEPHONE 18051 654-2580 Dennis L. Slivinski
FAX NO. 18051 654-2185 Leroy Smith
James W. Thonis
Mary C. Ward
May 17, 1993 William A. Waters
Lillian Kellerman
Moorpark City Clerk
799 Moorpark Avenue
Moorpark, California 93021
Re: Texaco Trading and Transportation, Inc. v. California
State Board of Equalization, et al. , Los Angeles County
Superior Court Case No. BC079058
Dear Ms. Kellerman:
Pursuant to Revenue and Taxation Code section 5148 (b) , as
added by Chapter 1262 , Statutes of 1987 (AB 2120) , you are hereby
advised that the County of Ventura has been named as a defendant
in the above-referenced action to recover taxes levied on state
assessed property. Your city may be affected, but we have not
yet been able to confirm the location of the parcel numbers used
by the State Board of Equalization. Please note that the total
requested refund from the County of Ventura (and included cities)
is $12,297 . 00.
Revenue and Taxation Code section 5148 requires that service
of the summons and complaint in this type of property tax refund
action be made only upon the State Board of Equalization and that
the Board in turn notify counties who will notify cities of the
pending action.
A representative of the Board of Equalization was served
personally with summons and complaint in this matter on April 22 ,
1993. As with the majority of these types of cases, we antici-
pate that the attorney general 's office will be, in effect,
representing a number of counties, including the County of
Ventura. Please note that pursuant to section 5148 , subdivi-
sion (b) , any city receiving notice of the action filed against
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the board and the county may, within 30 days of the receipt of
this notice, intervene in that action. Upon your request, we
will furnish you with copies of the summons and complaint.
Please acknowledge receipt of this letter by dating and
signing the enclosed copy thereof and return it to us in the
enclosed self-addressed envelope.
Very-try_yours,
LA NCE L. MATHENE
Assistant County Cou el
LLM:jh
Enclosures
Receipt is hereby acknowledged:
CITY OF MOORPARK
By:
Lillian Kellerman
Date:
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2
O F VF
� ti
12j* T ,c
JAMES L.McBRIDE O- a ASSISTANTS
COUNTY COUNSEL U ttf D Donald S. Greenberg
x • ' f Andrew B Gustafson
% Donald 0. Hurley
CHIEF MELODIE M.KLEIMAN ASSISTANT 4 y NP Noel A. Klebaum
CHIEF 4IFOR� Lawrence L. Matheney
Patricia McCourt
COUNTY COUNSEL Robin D. McGrew
William C. Moritz
FRANK O.SIEH Daniel J. Murphy
LITIGATION SUPERVISOR COUNTY GOVERNMENT CENTER ADMINISTRATION BUILDING Lori A. Nemiroff
800 SOUTH VICTORIA AVENUE Roberto R. Orellana
VENTURA,CALIFORNIA 93009 Michael B. Powers
TELEPHONE (805) 654-2580 Dennis L. Slivinski
FAX NO. (805) 654-2185 Leroy Smith
James W Thonis
Mary C. Ward
May 17, 1993 William A. Waters
Lillian Kellerman
Moorpark City Clerk
799 Moorpark Avenue
Moorpark, California 93021
Re: Mobil Oil Corporation v. California State Board of
Equalization and County of Ventura, Los Angeles County
Superior Court Case No. BC079056
Dear Ms. Kellerman:
Pursuant to Revenue and Taxation Code section 5148 (b) , as
added by Chapter 1262, Statutes of 1987 (AB 2120) , you are hereby
advised that the County of Ventura has been named as a defendant
in the above-referenced action to recover taxes levied on state
assessed property. Your city may be affected, but we have not
yet been able to confirm the location of the parcel numbers used
by the State Board of Equalization. Please note that the total
requested refund from the County of Ventura (and included cities)
is $55,463. 65.
Revenue and Taxation Code section 5148 requires that service
of the summons and complaint in this type of property tax refund
action be made only upon the State Board of Equalization and that
the Board in turn notify counties who will notify cities of the
pending action.
A representative of the Board of Equalization was served
personally with summons and complaint in this matter on April 22,
1993. As with the majority of these types of cases, we antici-
pate that the attorney general's office will be, in effect,
representing a number of counties, including the County of
Ventura. Please note that pursuant to section 5148, subdivi-
sion (b) , any city receiving notice of the action filed against
the board and the county may, within 30 days of the receipt of
this notice, intervene in that action. Upon your request, we
will furnish you with copies of the summons and complaint.
Please acknowledge receipt of this letter by dating and
signing the enclosed copy thereof and return it to us in the
enclosed self-addressed envelope.
Ver -,tru i yours,
-771=7 C
NCE L. MATHEN
Assistant County Counsel
LLM:jh
Enclosures
Receipt is hereby acknowledged:
CITY OF MOORPARK
By:
Lillian Kellerman
Date:
c:\text\llm\2mobil.lt3
2
•
OF 1—#4.
i .T. ► GJAMES L.McBRIDE ' ASSISTANTS
COUNTY COUNSEL U tjyti D Donald S. Greenberg
} I r - * Andrew B. Gustafson
Donald O. Hurley
MELODIE M. KLEIMAN C' �P Noel A. Klebaum
CHIEF ASSISTANT 414
R LiFO / Lawrence L. Matheney
Patricia McCourt
COUNTY COUNSEL Robin D. McGrew
William C. Moritz
FRANK O.SIEH Daniel J. Murphy
LITIGATION SUPERVISOR COUNTY GOVERNMENT CENTER ADMINISTRATION BUILDING Lori A. Nemiroff
800 SOUTH VICTORIA AVENUE Roberto R. Orellana
VENTURA,CALIFORNIA 93009 Michael B. Powers
TELEPHONE (8051 654-2580 Dennis L. Slivinski
FAX NO. (805) 654-2185 Leroy Smith
James W. Thonis
Mary C. Ward
May 17, 1993 William A. Waters
Lillian Kellerman
Moorpark City Clerk
799 Moorpark Avenue
Moorpark, California 93021
Re: Shell Oil Company v. California State Board of
Equalization, et al. , Los Angeles County Superior Court
Case No. BC079061
Dear Ms. Kellerman:
Pursuant to Revenue and Taxation Code section 5148 (b) , as
added by Chapter 1262, Statutes of 1987 (AB 2120) , you are hereby
advised that the County of Ventura has been named as a defendant
in the above-referenced action to recover taxes levied on state
assessed property. Your city may be affected, but we have not
yet been able to confirm the location of the parcel numbers used
by the State Board of Equalization. Please note that the total
requested refund from the County of Ventura (and included cities)
is $57,208. 34.
Revenue and Taxation Code section 5148 requires that service
of the summons and complaint in this type of property tax refund
action be made only upon the State Board of Equalization and that
the Board in turn notify counties who will notify cities of the
pending action.
A representative of the Board of Equalization was served
personally with summons and complaint in this matter on April 22,
1993 . As with the majority of these types of cases, we antici-
pate that the attorney general ' s office will be, in effect,
representing a number of counties, including the County of
Ventura. Please note that pursuant to section 5148, subdivi-
sion (b) , any city receiving notice of the action filed against
the board and the county may, within 30 days of the receipt of
this notice, intervene in that action. Upon your request, we
will furnish you with copies of the summons and complaint.
Please acknowledge receipt of this letter by dating and
signing the enclosed copy thereof and return it to us in the
enclosed self-addressed envelope.
Very-rul yours,
ENCE L. MATHENEY
Assistant County C sel
LLM:jh
Enclosures
Receipt is hereby acknowledged:
CITY OF MOORPARK
By:
Lillian Kellerman
Date:
c:\text\llm\2mobil.lt6
2
G
JAMES L.McBRIDE O rk ASSISTANTS
COUNTY COUNSEL U q :y D
� !o:E�; ,� Donald S. Greenberg
s �c% Andrew B. Gustafson
MELODIE M. KLEIMAN (+ jar P Donald 0. Hurley
CHIEF ASSISTANT 44/F004 Noel ALawren KleLbMatheney
Patricia McCourt
COUNTY COUNSEL Robin D. McGrew
William C. Moritz
FRANK O.SIEH Daniel J. Murphy
LITIGATION SUPERVISOR COUNTY GOVERNMENT CENTER ADMINISTRATION BUILDING Lori A. Nemiroff
800 SOUTH VICTORIA AVENUE Roberto R. Orellana
VENTURA,CALIFORNIA 93009 Michael B. Powers
TELEPHONE (805) 654-2580 Dennis L. Slivinski
FAX NO. (805) 654-2185 Leroy Smith
James W. Thonis
Mary C. Ward
May 17, 1993 William A. Waters
Lillian Kellerman
Moorpark City Clerk
799 Moorpark Avenue
Moorpark, California 93021
Re: Mobil Oil Corporation v. California State Board of
Equalization, et al. , Los Angeles County Superior Court
Case No. BC079053
Dear Ms. Kellerman:
Pursuant to Revenue and Taxation Code section 5148 (b) , as
added by Chapter 1262, Statutes of 1987 (AB 2120) , you are hereby
advised that the County of Ventura has been named as a defendant
in the above-referenced action to recover taxes levied on state
assessed property. Your city may be affected, but we have not
yet been able to confirm the location of the parcel numbers used
by the State Board of Equalization. Please note that the total
requested refund from the County of Ventura (and included cities)
is $2,237.80.
Revenue and Taxation Code section 5148 requires that service
of the summons and complaint in this type of property tax refund
action be made only upon the State Board of Equalization and that
the Board in turn notify counties who will notify cities of the
pending action.
A representative of the Board of Equalization was served
personally with summons and complaint in this matter on April 22,
1993. As with the majority of these types of cases, we antici-
pate that the attorney general 's office will be, in effect,
representing a number of counties, including the County of
Ventura. Please note that pursuant to section 5148, subdivi-
sion (b) , any city receiving notice of the action filed against
the board and the county may, within 30 days of the receipt of
this notice, intervene in that action. Upon your request, we
will furnish you with copies of the summons and complaint.
Please acknowledge receipt of this letter by dating and
signing the enclosed copy thereof and return it to us in the
enclosed self-addressed envelope.
Very truly yours,
NYC.. L. MAT \ Y
Assistant County C unsel
LLM:jh
Enclosures
Receipt is hereby acknowledged:
CITY OF MOORPARK
By:
Lillian Kellerman
Date:
c:\text\llm\2mobil.ltl
2
k . %1: T '
JAMES L.McBRIDE O-�r `r q' ASSISTANTS
COUNTY COUNSEL V I fp �, D Donald S. Greenberg
x ��% Andrew B. Gustafson
Donald O. Hurley
MELODIE M. KLEIMAN C'q Noel A. Klebaum
CHIEF ASSISTANT 4/F01"— Lawrence L. Matheney
Patricia McCourt
COUNTY COUNSEL Robin D. McGrew
William C. Moritz
FRANK O.SIEH Daniel J. Murphy
LITIGATION SUPERVISOR COUNTY GOVERNMENT CENTER ADMINISTRATION BUILDING Lori A. Nemiroff
800 SOUTH VICTORIA AVENUE Roberto R. Orellana
VENTURA,CALIFORNIA 93009 Michael B. Powers
TELEPHONE (805) 654-2580 Dennis L. Slivinski
FAX NO. 18051 654-2185 Leroy Smith
James W. Thonis
Mary C. Ward
May 17, 1993 William A. Waters
Lillian Kellerman
Moorpark City Clerk
799 Moorpark Avenue
Moorpark, California 93021
Re: Chevron U.S.A. , Inc. v. California State Board of
Equalization, et al. , Los Angeles County Superior Court
Case No. BC079054
Dear Ms. Kellerman:
Pursuant to Revenue and Taxation Code section 5148 (b) , as
added by Chapter 1262, Statutes of 1987 (AB 2120) , you are hereby
advised that the County of Ventura has been named as a defendant
in the above-referenced action to recover taxes levied on state
assessed property. Your city may be affected, but we have not
yet been able to confirm the location of the parcel numbers used
by the State Board of Equalization. Please note that the total
requested refund from the County of Ventura (and included cities)
is $1,425. 64 .
Revenue and Taxation Code section 5148 requires that service
of the summons and complaint in this type of property tax refund
action be made only upon the State Board of Equalization and that
the Board in turn notify counties who will notify cities of the
pending action.
A representative of the Board of Equalization was served
personally with summons and complaint in this matter on April 22,
1993. As with the majority of these types of cases, we antici-
pate that the attorney general 's office will be, in effect,
representing a number of counties, including the County of
Ventura. Please note that pursuant to section 5148, subdivi-
sion (b) , any city receiving notice of the action filed against
the board and the county may, within 30 days of the receipt of
this notice, intervene in that action. Upon your request, we
will furnish you with copies of the summons and complaint.
Please acknowledge receipt of this letter by dating and
signing the enclosed copy thereof and return it to us in the
enclosed self-addressed envelope.
Very truly yours,
C t: _
NCE L. MATHENE
Assistant County Co nsel
LLM:jh
Enclosures
Receipt is hereby acknowledged:
CITY OF MOORPARK
By:
Lillian Kellerman
Date:
c:\text\llm\2mobil.lt5
2
•
OFVF
Jp . . IG
JAMES L. McBRIDE O' r I� D ASSISTANTS
COUNTY COUNSEL U 1 IAA Donald S. Greenberg
C f Andrew B Gustafson
I• " Donald 0. Hurley
MELODIE M.KLEIMAN 0\P Noel Hurley
CHIEF ASSISTANT �IFORl�
Lawrence L Ma!neney
Patricia McCour
COUNTY COUNSEL Robin D McGrew
William C. Mor tz
FRANK O.SIEH Daniel J. Murry',
LITIGATION SJPERVISOR COUNTY GOVERNMENT CENTER ADMINISTRATION BUILDING Lor A. Nemirof#
800 SOUTH VICTORIA AVENUE Roberto R. Orellana
VENTURA.CALIFORNIA 93009 M,chael B. Powers
TELEPHONE (805) 654-2580 Dennis L. Slwrn;
FAX NO. (805) 654-2185 Leroy Smith
James W .ncr 5
Mary C. Ward
May 17, 1993 William A Waters
Lillian Kellerman
Moorpark City Clerk
799 Moorpark Avenue
Moorpark, California 93021
Re: Union Oil Company of California v. California State
Board of Equalization, et al. , Los Angeles County
Superior Court Case No. BC079059
Dear Ms. Kellerman:
Pursuant to Revenue and Taxation Code section 5148 (b) , as
added by Chapter 1262, Statutes of 1987 (AB 2120) , you are hereby
advised that the County of Ventura has been named as a defendant
in the above-referenced action to recover taxes levied on state
assessed property. Your city may be affected, but we have not
yet been able to confirm the location of the parcel numbers used
by the State Board of Equalization. Please note that the total
requested refund from the County of Ventura (and included cities)
is $32,810. 83 .
Revenue and Taxation Code section 5148 requires that service
of the summons and complaint in this type of property tax refund
action be made only upon the State Board of Equalization and that
the Board in turn notify counties who will notify cities of the
pending action.
A representative of the Board of Equalization was served
personally with summons and complaint in this matter on April 22,
1993. As with the majority of these types of cases, we antici-
pate that the attorney general's office will be, in effect,
representing a number of counties, including the County of
Ventura. Please note that pursuant to section 5148, subdivi-
sion (b) , any city receiving notice of the action filed against
the board and the county may, within 30 days of the receipt of
this notice, intervene in that action. Upon your request, we
will furnish you with copies of the summons and complaint.
Please acknowledge receipt of this letter by dating and
signing the enclosed copy thereof and return it to us in the
enclosed self-addressed envelope.
Very trul ours,
rj
/J
'• NCE L. MATHENE
Assistant County Cou el
LLM:jh
Enclosures
Receipt is hereby acknowledged:
CITY OF MOORPARK
By:
Lillian Kellerman
Date:
c:\text\llm\2mobil.lt2
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