HomeMy WebLinkAboutAGENDA REPORT 1991 0403 CC REG ITEM 08CPAUL W. LAWRASON JR.
Mayor
BERNARDO M.PEREZ
Mayor Pro Tem
SCOTT MONTGOMERY
Councilmember
JOHN E. WOZNIAK
Councilmember
LILLIAN KELLERMAN
City Clerk
MOORPARK
M E M O R A N D U M
TO: The Honorable City Council
FROM: Lillian E. Kellerman, City Clerk
DATE: March 22, 1991 (CC Meeting of 4/3/91)
ITEM •
STEVEN KUENY
City Manager
CHERYL J.KANE
City Attorney
PATRICK RICHARDS, A. I.C.P.
Director of
Community Development
JOHN F. KNIPE
City Engineer
JOHN V. GILLESPIE
Chief of Police
RICHARD T. HARE
City Treasurer
SUBJECT: PACIFIC BELL VS. 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 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.
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 fi1'ed against the State Board of Equalization and the County
may, within 30 days of the receipt of notice, intervene in that
action. The City has previously not intervened in this type of
action and has allowed the County to defend us.
The total- amount of the requested refund from the County in this
action is $1,907,350.
RECOMMENDATION
Receive and file the report.
c: \wp51 \reports \4391.pac
JOORPARK. CALIFORNIA
Gfy CM
fnil Meeting
of .�3 199/
ACTION:
By�ll
799 Moorpark Avenue Moorpark, California 93021
(805) 529 -6864
JAMES L. McBRIDE
COUNTY COUNSEL
MELODIE M. KLEIMAN
CHIEF ASSISTANT
J��•i O F V�ti
U > CO
P
IFOlt
COUNTY COUNSEL
FRANK O. SIEH
LITIGATION SUPERVISOR COUNTY GOVERNMENT CENTER ADMINISTRATION BUILDING
800 SOUTH VICTORIA AVENUE
VENTURA, CALIFORNIA 93009
TELEPHONE (805) 654 -2580
FAX NO. (805) 654 -2185
March 14, 1991
Lillian Kellerman
Moorpark City Clerk
799 Moorpark Avenue
Moorpark, California 93021
Re: Pacific Bell v. State Board of Equalization,
et al.; Santa Clara County Superior Court,
Case Nos. 699720 and 701796
Dear Ms. Kellerman:
ASSISTANTS
Andrew B. Gustafson
Donald 0. Hurley
Noel A. Klebaum
Lawrence L, Matheney
Patricia McCourt
Robin D. McGrew
William C. Moritz
Daniel J. Murphy
Roberto R. Orellana
Dennis L. Slivinski
Leroy Smith
Jack A Thompson
James W. Thonis
Shannon W. Trower
Mary C. Ward
William A. Waters
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 actions 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.
These actions involve refund requests for tax years 1985/86,
1986/87, 1987/88 and 1988/89 based upon claims that the State
Board of*,Squalization calculated the market value of the tax-
payer's assets without adequately taking into account the degree
of regulation that restricts a public utility's business opera-
tions. The refunds sought from the County of Ventura are, in
order of 'tax year, $364,981.97; $524,154.52; $561,947.07; and
$456,266.92. We are advised by plaintiff's counsel that Case
No. 699720, which covers the same years and taxes, is intended to
remain dormant unless certain procedural defenses are asserted in
the other case.
Revenue and Taxation Code section 5148 requires that service
of the summons and complaint in these types of property tax
refund actions 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.
COPY
A representative of the Board of Equalization was served
personally with summonses and complaints in these matters on
February 28, 1991. 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. 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 returning it to us in the
enclosed self- addressed stamped envelope.
VeR truly yours,
WRENCE L. 4NEY
Assistant Counounsel
LLM:jh
Enclosures
Receipt is hereby acknowledged:
CITY OF MOORPARK
By: •�.
Lillian Kellerman, City Clerk
Date:
c: \text \llm \2ctyclk.lt6
2