HomeMy WebLinkAboutMINUTES - 07212009 - C.113RECOMMENDATION(S):
AUTHORIZE Sacramento County Counsel to represent Contra Costa County in settlement
negotiations and trial in Metromedia Fiber Network Services, Inc. v. State Board of
Equalization, et al., Superior Court of Sacramento, Case No. 34-2007-00882854.
FISCAL IMPACT:
Sacramento County Counsel has offered to represent the County at no cost in this matter. It
is anticipated that the delegation of authority will result in a small amount of savings in
transportation and lodging costs, as well as staff time.
BACKGROUND:
Metromedia Fiber Network Services Inc. (“Metromedia”), the owner and operator of a
telephone company, filed a lawsuit in Sacramento Superior Court in late 2007 alleging that
the State Board of Equalization, the entity that determines the value of properties such as
telephone companies, overvalued its property for the 2003-04 tax year. As required by the
statute authorizing this type of lawsuit, Metromedia also named several California counties
as defendants, including Contra Costa.
APPROVE OTHER
RECOMMENDATION OF CNTY
ADMINISTRATOR
RECOMMENDATION OF BOARD
COMMITTEE
Action of Board On: 07/21/2009 APPROVED AS RECOMMENDED OTHER
Clerks Notes:
VOTE OF SUPERVISORS
AYE:John Gioia, District I
Supervisor
Gayle B. Uilkema, District II
Supervisor
Mary N. Piepho, District III
Supervisor
Susan A. Bonilla, District IV
Supervisor
Federal D. Glover, District V
Supervisor
Contact: 925-335-1800
I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board
of Supervisors on the date shown.
ATTESTED: July 21, 2009
David J. Twa, County Administrator and Clerk of the Board of Supervisors
By: EMY L. SHARP, Deputy
cc:
C.113
To:Board of Supervisors
From:Silvano B. Marchesi, County Counsel
Date:July 21, 2009
Contra
Costa
County
Subject:AUTHORIZATION TO DELEGATE AUTHORITY TO REPRESENT COUNTY IN TAX REFUND
LAWSUIT
Metromedia
BACKGROUND: (CONT'D)
seeks a refund of the 2003-04 property taxes that it paid because it claims the State Board of
Equalization calculated these taxes based on an over-inflated value of Metromedia’s
property. The counties, rather than the State Board of Equalization, must pay any tax refund
resulting from the suit since the counties were the recipients of the property taxes.
Metromedia seeks a tax refund from Contra Costa of approximately $3,940 of the $4,534 in
property taxes that it paid the County for the 2003-04 tax year.
The Sacramento County Counsel has agreed to represent other counties named as
defendants in this litigation, both in settlement negotiations and (if necessary) in trial.
CONSEQUENCE OF NEGATIVE ACTION:
If the Sacramento County Counsel is not authorized to represent Contra Costa County in
settlement negotiations and trial in Metromedia Fiber Network Services, Inc. v. State Board
of Equalization, et al, the County likely will incur expenses related to transportation and
possibly lodging costs for counsel and witnesses to appear in Sacramento Superior Court.
Additionally, counsel will need to devote continuing time to preparing for and appear at
settlement negotiations and trial.