HomeMy WebLinkAboutAGENDA REPORT 1992 1118 CC REG ITEM 08I8 =•,
MOORPARI� TEM
799 Moorpark Avenue Moorpark, California 93021
AGENDA REPORT
TO: The Honorable City Council
FROM: Lillian E. Hare, City Clerk
DATE: November 18, 1992 (CC meeting of 11/18/92)
(805) 529 -6864
.;yCoun ^il Morn
f,Ci�Oy:
By
SUBJECT: CONSIDER PACIFIC BELL, A CALIFORNIA CORPORATION V. STATE
BOARD OF EQUALIZATION, ET AL.; CASE NO. 724168
BACKGROUND
County Counsel has advised the City that the County of Ventura has
been named as a defendant in the above subject action 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 pending settlement of State Board of Equalization cases, which
is the subject of the validation action filed by the County of
Ventura on June 17, 1992, would dispose of this case, once all
conditions are satisfied.
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.
PAUL W. LAWRASON JR. JOHN E. WOZNIAK SCOTT MONTGOMERY BERNARDO M. PEREZ ROY E. TALLEY JR,
Mayor Mayor Pro Tern Councilmember Councilmember Councilmember
Printed On Recycled Paper
JAMES L. McBRIDE
COUNTY COUNSEL
MELODIE M. KLEIMAN
CHIEF ASSISTANT
FRANK O. SIEH
LITIGATION SUPERVISOR
d
COUNTY COUNSEL
COUNTY GOVERNMENT CENTER ADMINISTRATION BUILDING
800 SOUTH VICTORIA AVENUE
VENTURA, CALIFORNIA 93009
TELEPHONE (805) 654 -2580
FAX NO. (805) 654 -2185
October 30, 1992
Lillian Kellerman
Moorpark City Clerk
799 Moorpark Avenue
Moorpark, California 93021
Re: Pacific Bell, A
of Equalization,
Court No. 724168
Dear Ms. Kellerman:
ASSISTANTS
Donald S. Greenberg
Andrew B. Gustafson
Donald 0. Hurley
Noel A. Klebaum
Lawrence L. Matheney
Patricia McCourt
Robin D McGrew
William C. Moritz
Daniel J. Murphy
Lori A. Nemiroff
Roberto R. Orellana
Michael B. Powers
Dennis L. Slivinski
Leroy Smith
James W. Thonis
Mary C. Ward
William A. Waters
California Corporation v. State Board
et.al., Santa Clara County Superior
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 (SBE). Please note, however,
that the pending settlement of SBE cases, which is the subject of
the validation action we filed on June 17, 1992, would dispose of
this case, once all conditions are satisfied.
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 on September 22, 1992. We
anticipate 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(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.
r
Please acknowledge receipt of this letter by dating and
signing the enclosed copy thereof and returning it to us in the
enclosed self- addressed stamped envelope.
Ve trul yours,
ENCE ZUMA THE NAssistant Cty Coun 1
LLM: cj s
Enclosures
Receipt is hereby acknowledged:
CITY OF MOORPARK
By: L
Lillian Keen, City Clerk
Date:- Z-