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HomeMy WebLinkAboutAGENDA - 11042008 - C.14 (8) AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: NOVEMBER 04, 2008 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to California Government Codes. you is your notice of the action taken Ex ggQlyon your claim by the Board of FISCAL YEAR 2007 - 2008 Supervisors. (Paragraph IV below), OCT 0 1 2008 given Pursuant to Government Code Section 913 and 915.4. Please note all AMOUNT: UNKNOWN COUNTY t�COUNSEL "Warnings". MICHELLE MARCHETI�� F%IYDIa CLAIMANT: FOR: TOWN OF MORAGA ATTORNEY:MICHELLE MARCHETTA KENYON DATE RECEIVED: OCTOBER 01, 2008 McDONOUGH HOLLAND & ALLEN P OCTOBER 01, 2008 ADDRESS: 1901 HARRISON STREET, 9th FLOORDELIVERY TO CLERK ON: OAKLAND, CA 94612-3501 BY MAIL POSTMARKED: SEPTEMBER 30, 2008 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DAVID TWA, C rk Dated: OCTOBER 01, 2008 By: Deputy 11. FROM: County Counsel TO: Clerk of the Board of S ervisors ( This claim complies substantially with Sections 910 and 910.2. ( ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). O Other: Dated y: M&Q�un­lyCounsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) O Claim was returned as untimely with notice to claimant(Section 911.3). IV. ARD ORDER: By unanimous vote of the Supervisors present: (y) This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. DatedNoJ. -,, VID TWA, CLERK, By: eputy Clerk WARNING (Gov. 6ode section 913) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim.See Government Code Section 945.6.You may seek the advice of an attorney of your choice in connection with this matter. U you want to consult an attorney,you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid,a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated;�_6_d. O�.r .9a'd64'r/DAVID TWA, CLERK By eputy Clerk This warning-does not'apply to claims which are not subject to theCalifornia Tort Claims Act such as actions in,in�erse,condemnation, t.l it �'� ;E ���' • El ;i; V(j actions for specific: reliefasuclf as=mandamus or injunction, or Fed eria l,,Civil,Rights•claims. The above list is not exhaustive and legal consultationis essentiaLto°und'erstand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act ;nor,does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act McDonough Holland&Allen Pc �l Attorneys at Law t, Michelle Marchetta Kenyon Attorney at Law Oakand Office RECF�=.. 55101273.8780 tel 510.839.9104 fax OCT 01i Z008 mkenyon@mhalaw.com September 24, 2008 CLERKBOARDOFsI)pFp+rrSv�s CONTRA Ci: :u. VIA CERTIFIED MAIL Mr. John Cullen Clerk of the Board of Supervisors Contra Costa County County Administration Building 651 Pine Street Martinez, CA 94553 Re: Claim for Overcharge of Property Tax Administration Fee and Response to Notice to Claimant of Late-Filed Claim Dear Mr. Cullen: On June 19, 2008, the Town of-Moraga ("Town") submitted a claim for the recovery of sums that the Town has been overcharged by Contra Costa County ("County") for the administration of the property tax system. Following presentation of the claim, the Town received a "Notice to Claimant of Late-Filed Claim" dated July 11, 2008 ("Notice"). The Notice stated that the Town's only recourse is to apply for leave to present a late claim. The document attached to the Notice also stated, in relevant part, "claims for proposed charges are premature." The Town presumes that this language refers to the Town's claim for overcharged property tax administration fees for fiscal year 2007-2008. The June 19, 2008 claim was presented to the County as a courtesy as opposed to a legal requirement. As a local public entity, the "Town is exempt from the claims- filing requirements of the Government Claims Act (see Cal. Gov. Code, § 905(i)). Sacramento The Notice onlyrefers o the Government Code and doenoreference a 555 Capitol Mall ftGrs not any local 9th Floor claims ordinance that would apply to this situation; nor does research indicate that Sacramento82 9 95814-4692 any such ordinance exists. Accordingly, the Town's claim need not be filed with the tel 916.444.3900 County prior to the initiation of litigation. If the Town has overlooked an applicable toil free 600.403.3900 fax 916.444.8334 claims-filing requirement. please contact the Town Attorney's office as soon as Oakland possible. _ 1901 Harrison Street 9th Floor With regards to the overcharge for fiscal ear 2007-2008 the Town estimates the Oakland CA g g Y. � 94612-3501 currently proposed administrative fees would result in an overcharge of no less than tel 510.273.8780 toll free 800.339.3030 fax 510.839.9104 www.mhalaw.com 1106017x125123/0010 McDonough Holland&Allen Pc �)\ Attorneys at Law Mr. John Cullen Clerk of the Board of Supervisors September 24, 2008 Page 2 $15,910. The County has charged the Town property tax administration fees in an amount in excess of that permitted by Revenue and Taxation Code Section 97.75. Specifically, the Office of the Contra Costa County Auditor-Controller has included in its calculation of the Town's property tax administration charges the ad valorem property taxes the Town received in lieu of the local Bradley Burns Sales and Use Tax and the Vehicle License Fee pursuant to Rev. & Tax. Code Sections 97.68 and 97.70 (aka, the "triple flip" and "VLF Swap," respectively). Section 97.75 states that for fiscal years 2006-07 and thereafter, the County may charge a fee for the services mandated by Sections 97.68 and 97.70, but that the fee shall not exceed the actual cost of providing the services. By including the triple flip and VLF swap funds in its calculation of Town's administrative cost share instead of calculating the actual incremental service costs to administer these services, the County has overcharged the Town and violated applicable state law. As such, the Town is resubmitting its claim for fiscal year 2007-2008 as a courtesy to the County. It is our understanding that the cities of Contra Costa County that have filed claims with the County are currently in discussions with the County Counsel's office to determine whether litigation can be averted while the parties attempt to resolve this matter. The Town hopes that these efforts will prove fruitful. Thank you for your considera ion of this matter. Si rely, chelle you Kenyon Town Attorney cc: Silvano Marchesi, County Counsel Town Council Jay Tashiro, Interim Town Manager Joan Streit, Finance Director I106017v1 25123/0010 MMcDonough Holland &Allen rc L V l Attorneys at Law Michelle Marchetta Kenyon Attorney at Law Oak and D!:, 5510I273.8780tel 510.839.9104 fax mkenyon@mhalaw.com September 24, 2008 n�� VIA CERTIFIED MAIL Mr. John Cullen Clerk of the Board of Supervisors Contra Costa County County Administration Building 651 Pine Street Martinez, CA 94553 Re: Claim for Overcharge of Property Tax Administration Fee and Response to Notice to Claimant of Late-Filed Claim Dear Mr. Cullen: On June 19, 2008, the Town of Moraga ("Town") submitted a claim for the recovery of sums that the Town has been overcharged by Contra Costa County ("County") for the administration of the property tax system. Following presentation of the claim, the Town received a "Notice to Claimant of Late-Filed Claim" dated July 11, 2008 ("Notice"). The Notice stated that the Town's only recourse is to apply for leave to present a late claim. The document attached to the Notice also stated, in relevant part, "claims for proposed charges are premature." The Town presumes that this language refers to the Town's claim for overcharged property tax administration fees for fiscal year 2007-2008. The June 19, 2008 claim was presented to the County as a courtesy as opposed to a legal requirement. As a local public entity, the Town is exempt from the claims- filing requirements of the Government Claims Act (see Cal. Gov. Code, § 905(i)). Sacramento The Notice onlyrefers to the Government Code and does not reference an local 555 Capitol Mall Y 9th Floor claims ordinance that would apply to this situation; nor does research indicate that Sacramento CA 95814-4692 any such ordinance exists. Accordingly, the Town's claim need not be filed with the tel 916.444.3900 County prior to the initiation of litigation. If the Town has overlooked an applicable toll free 800.403.3900 fax 916.444.8334 claims-filing requirement, please contact the Town Attorney's office as soon as Oakland possible. 1901 Harrison Street 9th Floor g Oakland CA g e With regards to the overcharge for fiscal year 2007-2008 the Town estimates the 94612-3501 currently proposed administrative fees would result in an overcharge of no less than tel 510.273.8780 toll free 800.339.3030 fax 510.839.9104 www.mhalaw.com II06017v125123/0010 McDonough Holland&Allen vc �l Attorneys at Law Mr. John Cullen Clerk of the Board of Supervisors September 24, 2008 Page 2 $15,910. The County has charged the Town property tax administration fees in an amount in excess of that permitted by Revenue and Taxation Code Section 97.75. Specifically, the Office of the Contra Costa County Auditor-Controller has included in its calculation of the Town's property tax administration charges the ad valorem property taxes the Town received in lieu of the local Bradley Burns Sales and Use Tax and the Vehicle License Fee pursuant to Rev. &Tax. Code-Sections 97.68 and 97.70 (aka, the "triple flip" and "VLF Swap," respectively). Section 97.75 states that for fiscal years 2006-07 and thereafter, the County may charge a fee for the services mandated by Sections 97.68 and 97.70, but that the fee shall not exceed the actual cost of providing the services. By including the triple flip and VLF swap funds in its calculation of Town's administrative cost share instead of calculating the actual incremental service costs to administer these services, the County has overcharged the Town and violated applicable state law. As such, the Town is resubmitting its claim for fiscal year 2007-2008 as a courtesy to the County. It is our understanding that the cities of Contra Costa County that have filed claims with the County are currently in discussions with the County Counsel's office to determine whether litigation can be averted while the parties attempt to resolve this matter. The Town hopes that these efforts will prove fruitful. Thank you for your considera ion of this matter. Si rely, chelle Marchetta Kenyon Town Attorney cc: Silvano Marchesi, County Counsel Town Council Jay Tashiro, Interim Town Manager Joan Streit, Finance Director . 1106017x1 25123/0010 3 CO 01 mo i Com"? N c *D U a tF!' n 3 4 i.t I m o doau r ca i_Rr '�y�• �S F� 5� K N.P .. © top CD y U w 7 rn moo oNa v 0 mo 0 Q LL t 4 � M ZN m m moo o 3 '� N O) a U d N �+ •A' W � AJ , N N U �'