HomeMy WebLinkAboutMINUTES - 08052008 - C.23 (3) CLAiM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: AUGUST 05 , 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 he copy of this document mailed to
California Government Codes. • )A
6 you is your notice of the action taken
°I gQgII on your claim by the Board of
ervisors. (Paragraph IV below),
JUL 0 32008 gen Pursuant to Government Code
Section 913 and 915.4. Please note all
AMOUNT; EXCEEDS $10,000. 00 MARr�NEZCA�pL "Warnings".
CLAIMANT: USS-POSCO INdustries
ATTORNEY: BRIAN S. HAUGHTON DATE RECEIVED: JULY 02, 2008
BARG COFFIN LEWIS & TRAPP, LLP JULY 021 2008
ADDRESS: 350 CALIFORNIA STREET,BY DELIVERY TO CLERK ON:
22nd FLOOR
SAN FRANCISCO, CA 941WITOM�POSTMARKED: JUNE 25 , 2008
FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JULY 03, 2008 JOHN CULLEN,
Dated: By: Deputy
iI. FROM.: County Counsel TO: Clerk of the Board of Su 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 pt•esent a late claim (Section 911.3).
O Other:
Dated: -7 By: t'Yl Deputy County Counsel
111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. j3OARD ORDER: By unanimous vote of the Supervisors present:
( This Claim is rejected in full.
O Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for
this date.
Dated: o CULLEN, CLERK, By Deputy Clerk
WARNI.N (Gov. code 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 wide this matter. Il'you want to consult an
attorney,you should do so immediately. *For Additional Warning See Reverse Side ofThis 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 1 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: ZiI.AgHN CULLEN, CLERK By Deputy Clerk
RECEIVED
JUL 0 2 2008
Administrative Claim
California Government Code section 900 et sea. CLERK,BOARD OF SUPERVISORSCONTRA COSTA CO.
Pursuant to California Government Code section 900 et seq., Claimant USS-POSCO
Industries ("UPI") presents the following claim for reimbursement of hazardous waste generator
fees ("Claim") to Contra Costa County and Contra Costa Health Services (collectively, the
"County"), setting forth each category of information required under Government Code section
910, as follows:
(a) The name and post office address of the claimant.
USS-POSCO Industries
900 Loveridge Road
P.O. Box 471 -
Pittsburg, CA 94565
(b) The post office address to which the person presenting the claim desires notices to
be sent.
Brian S. Haughton
Barg Coffin Lewis & Trapp, LLP
350 California St., 22nd Floor
San Francisco, California 94104-1435
(c) The date, place and other circumstances of the occurrence or transaction which
gave rise to the claim asserted.
The County has improperly assessed hazardous waste generator fees against UPI for the
years 2002-2007. The assessment was improper because UPI is exempt from such fees because
UPI has held a hazardous waste facility permit and paid facility fees for those years. The
assessment was also improper because the amount of hazardous waste generator fees assessed
against UPI has not borne a fair or reasonable relationship to UPI's burdens on the County's
regulatory activities.
This Claim arose when UPI paid the County hazardous waste generator fees under protest
on July 16, 2007 and June 23, 2008.
(d) A general description of the indebtedness, obligation, injury, damage or loss
incurred so far as it may be known at the time of the presentation of the claim.
UPI seeks reimbursement of the hazardous waste generator fees paid by UPI, plus
interest.
Page 1 of 2 527203.1
(e) The name or names of the public employee or employees causing the injury,
damage, or loss, if known.
Dr. William Walker, Randall Sawyer and their staff.
(f) The amount claimed if it totals less than ten thousand dollars ($10,000) as of the
date of presentation of the claim, including the estimated amount of any prospective
injury, damage, or loss, insofar as it may be known at the time of the presentation of
the claim, together with the basis of computation of the amount claimed. If the
amount claimed exceeds ten thousand dollars ($10,000), no dollar amount shall be
included in the claim. However, it shall indicate whether the claim would be a
limited civil case.
The amount of the Claim exceeds $10,000, and the Claim would not be a limited civil
case.
BARG COFFIN LEWIS & TRAPP, LLP
Dated: June 25, 2008 By:
BRIAN S. HA GH N
Attorneys for USS-POSCO Industries
Page 2 of 2 527203.1