HomeMy WebLinkAboutAGENDA REPORT 1995 0906 CC REG ITEM 08IAGENDA REPORT _� S
CITY OF MOORPARK
TO: The Honorable City Council
FROM: Lillian E. Hare, City Clerk
DATE: August 21, 1995 (CC Meeting of 9/6/95)
SUBJECT: CONSIDER CASITAS PIPE LINE COMPANY V. COUNTY OF VENTURA,
ET AL.; VENTURA COUNTY SUPERIOR COURT CASE NO. CIV
156251; ARCO PIPE LINE COMPANY V. COUNTY OF VENTURA, ET
AL.; VENTURA COUNTY SUPERIOR COURT CASE NO. CIV 156252
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. The total refund sought from Ventura
County and related tax recipients (included cities) is $9,074
(Casitas) and $18,361 (ARCO).
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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JAMES L. McBRIDE
COUNTY COUNSEL
MELODIE M. KLEIMAN
CHIEF ASSISTANT
FRANK O. SIEH
LITIGATION SUPERVISOR
COUNTY COUNSEL
COUNTY GOVERNMENT CENTER ADMINISTRATION BUILDING
800 SOUTH VICTORIA AVENUE
VENTURA, CALIFORNIA 93009
TELEPHONE (805) 654 -2580
FAX NO (805) 654 -2185
July 25, 1995
Lillian Hare
Moorpark City Clerk
799 Moorpark Avenue
Moorpark, California 93021
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
Re: Casitas Pipe Line Company v. County of Ventura, et al.
Ventura County Superior Court Case No. CIV 156251;
ARCO Pipe Line Company v. County of Ventura, et al.;
Ventura County Superior Court Case No. CIV 156252
Dear Ms. Hare:
Pursuant to Revenue and Taxation Code section 5148, subdivi-
sion (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 each of the above - referenced actions to recover
taxes levied on state assessed property. These actions are in
addition to those about which my letter of May 8, 1995, advised.
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. The total requested refund from the
County of Ventura (and included cities) is $9,074.35 ( Casitas)
and $18,361 (ARCO). These cases cover only the 1990/1991 tax
year. We anticipate that in the future these plaintiffs will
file similar suits for the recovery of taxes for the 1991/1992,
and 1992/1993 tax years.
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.
Please note that pursuant to section 5148, subdivision (b)
any city receiving notice of such an 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 for either,
or both, cases.
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 ruly yours,
N MA H tNY
A s istant County e
LLM:bl
Enclosures
Receipt is hereby acknowledged:
CITY OF MOORPARK
By:
Lillian Hare
Date:
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