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Home My WebLink AboutAgenda Report - September 16, 1981 (69)X CITY COUNCIL MEETTNG Septu�,er 16, 1981 C TENDER OF DEFENSE Following introduction of the matter, Council, on motion TO COUNTY APPROVED of Councilman Katnich, Murphy second, approved the tendering RE CLAIM FOR REFUND of defense to the County of San Joaquin regarding claim ' OF TAXES AND SUIT for refund of taxes and suit for taxes: Atchison,, Topeka FOR TAXES and Santa Fe Railroad.��-- GERALD A. SHERWIN COUMTT COUNSEL MICHAEL N. GAPRIGAN CMIC/ DEPUTY COUNTY COONS EL PATRICK H. CURRAN CNIEF DEPUTY COUNTY COUNSEL Ron Stein, Esq. City Attorney City of Lodi 221 West Pine Street Lodi, Ca. 95240 John D. Brinton, Esq. City Attorney City of Manteca P. O. Box 906 Manteca, Ca. 95336 OFFICE OF THE COUNTY COUNSEL COUNTY OF SAN JOAQUIN COURTHOUSE 222 EAST WESER AVENUE STOCKTON. CALIFORNIA 95202 TELE►NONE 044•3531 (A.CA Cool 20.1 August 27, 1981 MICNACL McC.REW "PVI• Co.... Cou.../A TCRRe"Ce R. MCRMOOV N0v11 Cov«1. COV«Ma P4TRICIA M. rpeDERICK 04h 1. Co.." COv«KA PETER CROOK .9.V1. CV -1• COV«.CA MARK F. ORN41LLAS w.vn eou«1. cwroc. Ol0R6l M CYNN/N QN AM .awl, co..«1. cov«.lc RCR..C.CA A DAVIS .1.A11. COv«r. Cqy«.[t FRANK V SRv.10 JR. w.U1. .0 ..1 co..«.l. Gerald A. Sperry, Esq. City Attorney City of Stockton City Bali Stockton, Ca. 95202 William D. Coats, Esq. City Attorney City of Tracy P. O. Box 1129 Tracy, Ca. 95376 Leo Milich, Esq.. City Attorney City of Escaion 6721 3rd Street Riverbank, Ca. 95376 Re: Claim for Refund of Takes and Suit for Taxes: Atchison, Topeka and Santa Fe Railroad Gentlemen: I have received the annual letter from Jay R. Martin of Crosby, Heafey, Roach & May, attorneys for Santa Fe Railroad, regarding the above -referenced proposed litigation. I have attached a copy of the letter for your review. In years past, we arranged to have the County represent the interest of the various cities and then to have another county act as the lead agency for all of the counties in the State. If it is your desire to proceed in that same way this year, please send me a letter similar to the attached copy of the form proposed by Mr. Martin. Once again, even though Mr.. Martin in another attachment to his letter to me did not include the City of Lodi as one of the proposed defendants, I would ask that the City of Lodi consider tendering the defense of the action to us in any case. If you have any questions regarding this case, please feel AUG 3 1 W1 Ron Stein, Esq., et al. August 27, 1981 Page 2 free to give me a call. Very truly yours, GERALD A. SHERWIN 'o County Co By /P TEkRENC9 R. DERIMODY Deputy County Counsel TRD: kcr Enclosures TO COUNTY COUNSEL OF: WALNUT CRCCK OFFICE WALNUT CRICK PLA2A 1110 IL CALIFORNIA OILVD-.SUIVC 6/0 WALNUT CRttw,CAiIF. 94too TCLCPMOMC NISI 03=-10"D ALAMEDA, BUTTE, CONTRA COSTA, FRESNO, KINGS, LOS ANGELES, MADERA, MERCED, ORANGE, RIVERSIDE, SAN DIEGO, SAN JUAQUTN, SIERRA, SOLANO, STANISLAUS, TULARE, YOLO, YUBA. Re: Santa Fe v. State Board of Equalization OF COUNOCL PE1911 L CNOs10T.Jw_ Gentlemen: This office represents a number of railroads which have recently filedclaimsfor refund of taxes on state -assessed property for the 1980-1981 tax year. This is the third year in which the railroads have filed such claims. Most of the county Boards of Supervisors have now rejected the 1980-1981 claims for refund which we filed. In the remaining counties, action will be taken shortly or the claims will be deemed denied by operation of law. As a result of suggestions by a number of County Counsel, we adopted the following process the last two years. Your office, together the the county counsel offices in seventeen other counties, agreed to accept service on behalf of their cities. This procedure has worked well, and we would like to take advantage of the same procedure again this year. J OFFICES CROSBY, HEAFEY, ROACH & MAY MOWIN A,"CAFCV. JR. JUSTIN W ROACH. Jw. CNA1/LtS C. OCRTA t. wOSCNT CUNN/NONAN PROFESSIONAL CORPORATION C"01S 10. OAONM/CN JAT w. MARTIN C"ARLCS W. Ve""T R/CNARD J. MWCT 1939 HARRISON STREET RONALD A. WAO"Cw M.MMLV/LLM ".w/NNMT STCP"CN M. fC"ADLIC" , � WILWI/ A:pU1M1T OAKIANC. CALIFORNIA 94e12 RAovl a NMw"co• ►cTcw W. Davis wCNNCTN F. JDIINSON RONALD V. ROSCOU/ST 1' JON// A. MAD -NO NORMAN TVTTLE D WTO C. DURAL SON M+AC C. ft"ImcT MSI 634-4020 "t#19101 1. PYCOCC t DM""IS J. DOULO MN:"AML R. 101LVCT SIMM[" A. N.►CTL• TELEX 171337 PAITIICII J. KC"CNMw JANCS J. MAwC"IANO CHR" OAK JON" C.CA*MC TIMOT"T J. MUMP"f "$"&AM W. SCMOFKLD. in. PHILIP L. BUSH .JAMt10 M. WOO7 JO"" M. ILEMP KKRT Rofik Roa a (ACOA CLINTON A.JOMNSOM ew+c 1. WALu10 • . 'U{ AUG ./�^ j{ �V( NMD M. /SOAAIM MIC"AtL J. L0C10 C&SOLC a RVOT STCVCN I.. AO"" STLPNC" 0. 04.1TC" JAMES T. WKS014 - SVCPI.CN 0. SC"*CT JUDITH w. CPSTMI" JA.Ita C. MARTIN DC000C M. MANN[" RUIIT C. PETCNSOII M/C""L N. VAI/" ". C"01I61u1" 01t"LID C"ARLES N. SEAMAN VOLANDA W MDKMRIDOc WALTER COWIM T"OMAS R. Jc"O"C IwITTT. in. D/wN A. FULTON MIA[ C. WOOD JO"N C. DITTOS DAVID V. OTTIN7)ON JAN1Cc C."ATCW JACOUCLI"e M. JAUNCO V/ ALLEN R. AA"FOOD SNUC1 C. F. M{ART"Vw ANN a SASAINS August 3, 1981 ALAN0.14MI1►O" t112AKTNA.CNOLAND TO COUNTY COUNSEL OF: WALNUT CRCCK OFFICE WALNUT CRICK PLA2A 1110 IL CALIFORNIA OILVD-.SUIVC 6/0 WALNUT CRttw,CAiIF. 94too TCLCPMOMC NISI 03=-10"D ALAMEDA, BUTTE, CONTRA COSTA, FRESNO, KINGS, LOS ANGELES, MADERA, MERCED, ORANGE, RIVERSIDE, SAN DIEGO, SAN JUAQUTN, SIERRA, SOLANO, STANISLAUS, TULARE, YOLO, YUBA. Re: Santa Fe v. State Board of Equalization OF COUNOCL PE1911 L CNOs10T.Jw_ Gentlemen: This office represents a number of railroads which have recently filedclaimsfor refund of taxes on state -assessed property for the 1980-1981 tax year. This is the third year in which the railroads have filed such claims. Most of the county Boards of Supervisors have now rejected the 1980-1981 claims for refund which we filed. In the remaining counties, action will be taken shortly or the claims will be deemed denied by operation of law. As a result of suggestions by a number of County Counsel, we adopted the following process the last two years. Your office, together the the county counsel offices in seventeen other counties, agreed to accept service on behalf of their cities. This procedure has worked well, and we would like to take advantage of the same procedure again this year. CROSBY, HEAFEY. ROACH 6 MAY "Or[f11ONAl COAroQATION August 3, 1981 Page Two To simplify the process, we have again enclosed (1) a form by which your office may advise the respective city attorneys of this proposal; and (2) a form by which they can tender the defense of this action to your office. In addition we have enclosed a list of those cities within your county in which any of the railroads which we represent has unitary property assessed by the State Board of Equalization. If you have any questions or suggestions concerning this procedure, please call. VerrMartin' rs, f ay JRM: j ld Enclosures -- --- '?i+- - .s-_-qT.:;�k -"v_ . - . . - ccs.... . -,. , -�- - -• _..-„�—�-: TO: Office of the City Attorney o: Gentlemen.: We have been, advised that the following railroads will soon be filing an action in the Superior Court for a refund of taxes paid with respect to property assessed by the State Board of Equalization: I. The Atchison, Topeka and Santa Fe Railway Company; 2. The Union Pacific Railroad Company; 3. The 'Western Pacific Railroad Company; 4. Sacramento Northern Railway; 5.- Tidewater Southern Railway Company; 6. -Burlington Northern, Inc., She have also learned '.hat one or more of these railroads has state assessed property within the boundaries of your city and that, under the applicable provisions of the Revenue and Taxation Code, your city will be named as a defendant in the' "action against the State Board of Equalization. Under the provisions of Section 5149 of the Revenue and Taxation Code, you may tender the defense of this action to the County, and the County Counsel's office will represent your city in the action. The County Counsel has determined that the administrative difficulties and potential confusion which could arise from this litigation can be substantially reduced if you will tender the defense of this action to the County prior to the filing and service of the Complaint. Along with other advantages, this will allow the County Counsel to insure that all pleadings on your behalf are uniform and that they are filed on a timely basis. Thg Countv Counsel, therefore, recommends that you tender the defense of this action to the County by executing and return- ing the enclose form. If you have any questions concerning the form or the action, please call of this office. County Counsel The City of hereby tenders the defense of the action moi• refund of taxes which will be moiled by the following railroads in which this City will be named as a defendant. 1. The Atchison, Topeka and Santa Fe Railway Company; 2. The Union Pacific Railroad Company; 3. The Western Pacific Railroad Company; 4. Sacramento. Northern Railway; 5. Tidewater Southern :railway Company; 6. Burlington Northern, Inc., This tender, of defense authorizes the County Counsel's office to proceed on behalf of this City in all matters connected with this litigation including the acceptance o: service of the Summons and Complaint in this action. City A ttorney CITIES WITHIN EACH COUNTY ALAMEDA COUNTY KERN COUNTY Alameda Arvin Albany Bakersfield Berkeley Shafter Emeryville Tehachapi Fremont Wasco Hayward Carson Livermore Claremont Oakland KINGS COUNTY Pleasanton Cudahy San Leandro Corcoran Union. City Hanford BUTTE COUNTY LASSEN COUNTY Chico No cities Oroville LOS ANGELES COUNTY CONTRA COSTA COUNTY Arcadia Antioch Azusa Concord Bell E1 Cerrito Carson Hercules Claremont Martinez Commerce Pinole Cudahy Pittsburg Downey Richmond Duarte San Pablo E1 Segundo Glendale Glendora FRESNO COUNTY Hawthorne Hermosa Beach Fresno Huntington Park Orange Cove Industry Parl ier. InglexJood Reedley Irwindale Lakewood La Mirada LOS ANGELES COUNTY (Cont'd) PLACER COUNTY Laverne No cities Lawndale Long Beach Los Angeles PLUMAS COUNTY Manhattan Beach Maywood Portola Monrovia Montebello Norwalk RIVERSIDE COUNTY Paramount Pasadena Blythe Pico Rivera Corona Pomona Hemet Redondo Beach Lake Elsinore San Dimas Perris Santa Fe Springs Riverside South -Gate San Jacinto South Pasadena Torrance Vernon SACRAMENTO COUNTY Whittier Sacramento MADERA COUNTY SAN BERNARDINO COUNTY Madera Barstow Colton MERCED COUNTY Fontana Montclair Atwater Needles Merced Ontario Rancho Cucamonga Redlands MODOC COUNTY Rialto San Bernardino No cities Upland ' Victorville ORANGE COUNTY SAN DIEGO COUNTY Anaheim Buena Park Carlsbad Fullerton Chula Vista Irvine Del Mar La Habra Escondido Orange National City Placentia Oceanside San Clemente San Diego San Juan CaDiStorano San Marcos Santa Ana S Vista Tustin Yorba Linda -2- rx+-s ...... . `� .-.a:r� F".7<_`. ., ., ........ _ .-�+_.. ,v. r�-:•r.vr _. .. , -, yY:".a-��., .. ,.,._ a.-_ .. .s. . ,.._ .. �.w. sa-�. ro .....�... -. �..w xs.�.� SAN FRANCISCO COUNTY TULARE COUNTY San Francisco Exeter Lindsay PorterviileTulare SAN JOAQUIN COUNTY Visalia Escalon Woodlake Manteca Stockton Tracy YOLO COUNTY Woodland SANTA CLARA COUNTY Milpitas YUBA COUNTY San Jose Marysville SIERRA COUNTY Loyal ton SISKIYOU COUNTY No cities SOL.ANO COUNTY Fairfield Vacaville STANISL.AUS COUNTY Hughson Modesto Oakdale Riverbank Turlock SUTTER COUNTY Live Oak Yuba City -3- -.,s�'.".-y,..x:�,_:;:'a""r4°".a:^e,,.o.'I"'"?."-x.,.: .""'�3°„:=..�_ :R .-. ,�, _ .s, -. -v. ?��i'y�'�j'z+�•3n,�R'. ��-�-c ,s�?,v',#r;�!*..-�"..-Y'=s — -- -_ CITY COUNCIL 14ENRY A GL AVIS. It IAME$A MCCARTY• Mayor Crty Manager RO[IERT G MURPHY. Mayor Pru Tem CITY OF LO D I ALK[ M REt�tCH[ RICHARD L HUGHES C':Y Clrrk WALTER KATNICH CITY IIAII. TZt WEST PNE STRE[1 POST OFFICE BOX 320 RONALD Jit STEIN IAMFS W. PINKERTON• It LODI. CALIFORNIA 952.11 City Attorney (209) 334-i634 September 24, 1981 Terrence R. Dermody Deputy County Counsel Office of the County Counsel County'of San Joaquin Courthouse 222 E. Weber Avenue Stockton, CA 95202 Re: Claim for refund of taxes and suit for taxes: Atchison, Topeka and Santa Fe Railroad Dear Mr. Dermody: Please be advised that the City Council of the City of Lodi, in action taken at a regular meeting held September 16, 1981, tendered the defense of the heretofore referenced action for refund of taxes which will be filed by various railroads in which this City will be named as a defendant. We have enclosed herewith a form as provided by you for this action showing its order by the Lodi City Council and executed by Alice M. Reimche, City Clerk. Should you have any questions concerning the Council's actions in this matter, please do not hesitate to call this office. Very truly yours, Ailce MRechfe�� City Clerk Enc. The City of Lodi, California, hereby tenders the defense of the action for refund of taxes which will be filed by the following railroads in which this City will be named as a defendant. 1. The Atchison, Topeka and Santa Fe Railway Company; 2. The Union Pacific Railroad Company; 3. The Western Pacific Railroad Company; 4. Sacramento Northern Railway; 5. Tidewater Southern Railway Company; 6. Burlington Northern, Inc. This tender of defense authorizes the County Counsel's Office to proceed on behalf of this City in all matters connected with this litigation inclu�:ing the acceptance of service of the Summons and Complaint in this action. By Order of the Lodi City Council Afecae M. Rei the City Clerk