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Home My WebLink AboutMINUTES - 09131994 - 1.42 R� .. AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA September 13, 1994 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim,:by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $2,753.00 + Section 913 and 915.4. Please note all •Warnings". pow CLAIMANT: pICCHI, Roger A. IQ ATTOnNEY: Steinhart & Falconer AU G 17 1994 333 Marke$ St. , 32nd Floor Date received COUNTY COUNSEL ADDRESS: San Francisco, CA 94105-2150 BY DELIVERY TO CLERK ON Allgvst 15 W4FMNEZCALIF. BY MAIL POSTMARKED: Hand Delivered v; o m v Counsel 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppN De IL ATCHELOR, Clerk DATED: �� /,7 81': puty 11. FROM: County Counsel 70: Clerk of the Board of Supervisors (✓� 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). ( ) Other: Dated: $ 17 1,; q Deputy County Counsel 11I. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3).,, 1V. BOARD ORDER: By unanimous vote of the Supervisors present (•4 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. Dated: 13 99 PHIL BATCHELOR, Clerk, By . Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or Aeposited 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. If 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: BY: PHIL BATCHELOR by _Deputy Clerk CC: County Counsel County Administrator CONFIDENTIAL COUNTY COUNSEL'S OFFICE CONTRA COSTA COUNTY MARTINEZ, CALIFORNIA MEMORANDUM Date: August 15, 1994 TO: Jeanne Maglio, Clerk of the Board of Supervis rs FROM: Victor J. Westman, County Counsel �. By: Gregory C. Harvey, Deputy Count ns RE: Claim of Roger Picchi Please treat the attached document as an amended claim. Thanks. RE CE 6i/ED AUG 151994 CLERK BOAT��O CUPF O ISORS CO STEINHART & FALCONER A PARTNERSHIP INCLUDING PROFESSIONAL CORPORATIONS ATTORNEYS 333 MARKET STREET, THIRTY-SECOND FLOOR FACSIMILE(415)442-0856 SAN FRANCISCO, CALIFORNIA 94105-2150 FACSIMILE(415)442-0834 (415) 777-3999 iD iat 1`L`L`1000OOA'$iiiBBP , p�lG 1 2 1994 ooUeTYcOUNSEL August 9, 1994 JNZZ CALIF• RECEIVE® =T: VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED AUG 1 5 Victor J. Westman, Esq. County Counsel CLERK BOARD OF SUPERVISORS e��lTi?�COSTA CO. Contra Costa County County Administration Building P. 0. Box 69 Martinez, California 94533-0116 Re: Claim of Roger Picchi, Lessee of Site CH-5, Buchanan Field Airport 1500 Sally Ride Drive, Concord, California 94520 Dear Mr. Westman: We are writing in response to your Notice of Insufficiency and/or Non- Acceptance of Claim dated August 1, 1994, and sent in response to my letter dated July 19, 1994, to the County Department of Public Works. Mr. Picchi had not intended to make a formal claim for damage to his trees by that letter. We will do so at this time since it appears that is how the County prefers to handle this matter. A draft copy of that claim is enclosed. In any case, we disagree with the County's reasons for rejecting our previous statement of estimated damages or "claim" set forth in my letter of July 19, 1994, viz: 1 . That the claim fails to state the name and post office address of the claimant; and 2. That the claim fails to state the date, place or other circumstances of the occurrence or transaction giving rise to the claim asserted. STEINHART & FALCONER August 9, 1994 Victor J. Westman, Esq. Page 2 The reference line in your Letter is to the "Claim of: Roger Picchi," so the County is obviously on notice of the identity of the claimant. He is the county airfield's lessee, as indicated in my letter, and receives correspondence at his office there. We assume you know that address, and the location of his office was specified in my letter, but we have also set forth that information above for your use. On May 18, 1994, Mr. Picchi personally observed and took pictures of the spraying of the use of Starthistle herbicide discussed in further detail in my July 19, 1994, letter to the County Department of Public Works. He believes this may also have taken place prior to and for some days following that date. As described in my letter, this spraying took place on his property boundary. Please refer to my July 19, 1994 letter for further particulars or contact me with any requests you -may have for more specific information. Please note that my July 19, 1994 letter contains a number of inquiries concerning environmental contamination at the airfield and connected with a variety of ongoing activities there. If we do not receive a response to these inquiries, Mr. Picchi will be forced to hire a consultant to investigate, determine and report on these matters. While the county's cooperation would be appreciated and could obviate the need for such an investigation, it does not appear to us at this time that such cooperation will be forthcoming. If this impression is incorrect, we hope you will contact us soon so that we may forego that investigation. If you wish to resolve this claim informally, please contact me no later than August 15, or we will have no choice but to formally file a claim concerning the damage caused by use of the Starthistle herbicide. Very truly yours, Ericurence ELL:ems cc: Mr. Dick R. Awenius Airports Lease Manager Mr. Roger Picchi P.S. Mr. Awenius: Mr. Picchi and I request that you copy me on all further correspondence in this matter. ELL 1 STEINHART &.'FALCONER ERIC L. LAURENCE, State Bar No. 130167 .2 333 Market Street, 32nd Floor San Francisco, California 94105-2150 1Dh 3 Telephone: (415) 777-3999 Facsimile: (425) 442-0856 4 Attorneys for Roger A. Picchi 5 6 SUPERIOR COURT FOR THE STATE OF CALIFORNIA 7 FOR THE COUNTY OF CONTRA COSTA 8 9 In the matter of the claim of Roger A. Picchi, an Case No. 10 individual, ) 11 Claimant, ) 12 vs. ) RECEIVED 1.3 Contra Costa County; and DOES 1 through 10, ) AM 151V inclusive, ) 14 ) Defendants. ) CLERK BOARD OF SUPERVISORS 15 ..20NT A CC�TA Co. ,_ _. 16 Roger A. Picchi ("Picchi") hereby presents his claim to Contra Costa County pursuant 17 to section 910 of the California Government Code: 18 1. The name and post office address of Mr. Picchi is as follows: 19 Buchanan Field Airport 20 1500 Sally Ride Drive Site CH-5 21 . . Concord, CA 94520 22 2. The post office address to which the undersigned desires any response 23 to or notices of this claim to be sent is as follows: 24 Eric L. Laurence Steinhart & Falconer 25 333 Market Street, 32nd Floor San Francisco, California 94105-2150 26 27 3. Within the last year, property leased and owned by Mr. Picchi and 2811located at Site CH-5, Buchanan Airfield, 1500 Sally Ride Drive, Concord, CA 94520 has 8/9/94 —1— F:\-CLIENT-\Q-Z.Lrr\ULTRAMAR\PICCHI.ccc\COMPLAIN.OLD 1 suffered damages to.trees planted by him as a result of the use of an herbicide applied by or 2 on behalf of Contra Costa County on May 18, 1994 and at times following that date. This 3 herbicide is not normally allowed to be used in the State of California without a special 4 permit. 5 4. So far as it is known to Mr. Picchi at the date of filing this claim, he has 6 incurred damages in an amount in excess of$2,753 due to the destruction of trees and plants 7 on his property. 8 5. Contra Costa County and other defendants, including Does 1 through 9 10, whose names are currently unknown, caused said injury and damage. 10 6. At the time of the presentation of this claim, Mr. Picchi claims damages 11 in an amount in excess of$2,753, covering the replacement cost of the trees destroyed on the 12 basis of estimates from his contractors. It may also be necessary to remediate the affected 13 soils at some additional unknown cost. 14 Dated: August _, 1994 STEINHART & FALCONER 15 16 By: Eric L. Laurence 17 Attorneys for Roger A. Picchi 18 19 20 21 22 23 24 25 26 27 28 8/9/94 —2— F:\-CLIENT-\Q-Z.LIT\ULTRAMAR\PICCHI.ccc\COMPLAIN.OLD