08-10 RESOLUTION NO. 08-10
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MENIFEE, CALIFORNIA,AUTHORIZING
THE CITY ATTORNEY TO ALLOW THE COUNTY COUNSEL FOR THE COUNTY OF RIVERSIDE TO
REPRESENT THE CITY OF MENIFEE'S INTERESTS IN CERTAIN PROPERTY TAX REFUND
MATTERS WITHIN CERTAIN PARAMETERS
Whereas,the City of Menifee was incorporated on October 1,2008,as a general law city of the State
of California; and
Whereas, corporations and other business entities have initiated numerous lawsuits against the
California State Board of Equalization,and each county in California regarding the method of assessment and
evaluation for property tax purposes; and
Whereas, each defendant county, including the County of Riverside, in turn notifies each city and
taxing entity within that county that should a settlement or judgment be entered in favor of the plaintiff
corporation or business entity that each such city and other taxing entity will be liable for a prorata share of
any judgment or settlement paid by such county; and
Whereas, the County Counsel of the County of Riverside notifies the City of the opportunity to
intervene in such property tax refund matters; and
Whereas, the City is provided with a thirty (30) day opportunity following notice from the County
Counsel to intervene in such property tax refund matters; and
Whereas,the interests of the County and the City are generally identical or substantially similar that
allowing the County Counsel to represent the City's interest in such property tax refund matters has proven to
be the most economical use of taxpayers funds; and
Whereas, the City Council finds it to be in the City's best interest to allow the County Counsel to
represent the City's interest in certain circumstances with respect to such property tax refund matters.
NOW, THEREFORE, the City Council of the City of Menifee resolves and orders as follows:
SECTION 1. The City Attorney is hereby authorized to allow the County Counsel of the County of
Riverside to represent the City's interest in certain property tax refund matters under the following
circumstances:
(a) The City is not an individually named defendant;
(b) A review of the complaint does not identify any separate or distinct defense that the
City may have that differs from the County; and
(c) The City's potential liability does not exceed one hundred thousand dollars
($100,000),and a preliminary review of the complaint indicates that intervention by the City would be
uneconomical.
SECTION 2. Whenever the City Attorney authorizes the County Counsel to represent the City's
interest in such property tax refund matters,the City Attorney shall notify the City Council by memorandum of
such authorization within thirty(30)days.
4849-3009-6643.1 1
PASSED, APPROVED,AND ADOPTED this 1st day of October, 2008, as follows:
Ayes:( �(��Yu+-C,�� (ES=3✓;�/ .L.t �) 71Cc?,i� ict L.�'
Noes: �L A4--
Absent: _j,)t" l"—
Abstain: 11 L u-
Wallace W. Edgerton, ayor
Attest:
A&
Kafhyf3ennett, City Clerk
Approved as to form:
Elizab th Martyn, Interim City A torney
4849-3009-6643 1 2