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HomeMy WebLinkAboutMINUTES - 02142006 - C.22 CLAIM s BQAIg OF SUPERVISORS OF CONTRA COSTA COUNTY al BOARD ACTION:FEBRUARY 14, 2006 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 you is your California Governmend �� � ) notice of the-action taken on your claim by the T115, !J Board of Supervisors. (Paragraph IV below), given ,IAN 0 9 2006 Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". COUNTY COUNSEL AMOUNT: $40.00 MARTINEZ CALIF. CLAIMANT: ROBERT C. BATTLE ATTORNEY: UNKNOWN DATE RECEIVED: JANUARY 09, 2006 ADDRESS: 1770 DANESTA DRIVE BY DELIVERY TO CLERK ON: JANUARY 09, 2006 CONCORD, CA 94519 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWE Jerk Dated: JANUARY 097 2006 By: Deputy II. FkOM: County Counsel TO: 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: �'`�r�� By: M Deputy County Counsel III. 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. }BOARD ORDER: By unanimous vote of the Supervisors present: (v)" 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: 0 JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING (Gov. code secti n 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. 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:rcgY~ 0 JOHN SWEETEN, CLERK By Deputy Clerk/ - ,BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than-one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. mass WENEORNMENEWN0ONE5060ro0 0EMONROUNNOWN0000■■NEW0 RE: Claim By: Reserved for Clerk's filing stamp o U 2 T C- 'Z 'A i'T L 6 'V JqN Against the County of Contra Costa or ) 0 9.2006 A % p ) 4SRK .M A L_ $ G Ri G S c P T District) CON ROF q A SUPRRVI (Fill in the name) ) cos'rq soRs The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ `l 0.. 0 U and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) 117 / 10.5— 2. Where did the damage or injury occur? (Include city and county) C- 0NCOkoo c. A 3. How did the damage or injury occur? (Give full details; use extra paper if required) S & E ATTAi;1-t MG1- r 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 1- Ao i-av t - y N, c p77 i� cis� i3cl- v RC � v� OJFi c 5 What are the names of county or district officers, servants, or employees causing the damage or injury? AM 44A C, D 19 �17 j 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 1 w A i c 1-1 A R G 6 q g 4-1 o ( 1 C a/; 1 c F c 6 W 1^} t-+ '( 1i qZ c o ;. iv A { L 14 1 C . S r E A T t A c 14 ivl a w v 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) Fez z 8. Names and addresses of witnesses, doctors, and hospitals: 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT I ,tl7l0L� 0 - �' � Gov. Code Sec. 910.2 provides "The claim shall be signed by the claimant or by some person on his behalf" SEND NOTICES TO: (Attorney) ) Name and address of Attorney ) (Claimant's Signature) 1-1'7o DA1.! GSTA V R. (Address) jC © Me- o1 44 6' 1 q Telephone No. ) Telephone No. 7 1 - O � 0 3 ............................................................................. ..ion owl PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account,voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. Dear Sir's, I was notified by Contra Costa County Animal Services Dept on 11/7/05 that my dog license of$40.00 was due. I paid it by check# 1131 on 12/7%05. 1 was subsequently notified the fee was due on 8/3/05 and I owed an additional late fee of $40. I received the first notification more than three months after the 8/3/05 late fee came into effect making it impossible to pay the fee on time. I was told I must file a claim against Contra Costa County for the amount in question before pursing this matter in small claims court. I am attaching documentation of these facts. Sincerely, Robert C.Battle 1770 Danesta Dr Concord, Ca 945191- 925-671-0803 1 Us N CS f opff O - Q _ y®1 � . .i0,9uj Lu. w o Q�®®®® �9I a F=q cD I� n? mm 'm UQ W ,U.' (ll W UfLa X- Min isuil b3iUOS3bd of•• i x .. E a,�.. ) o.ca c e•• ,Ill^ x # °•} ! $ ❑❑❑ ro _ @o (� .LTJ •+ " off ❑ ° 1 ro L � zUw. E 00 0 ro 000 ID El _ o� c. d o 1U U t C a u w LO E d \ cu ►�+ CL 4 � 0 �. O O \ co U_ CO �s i � C\1 V U) X N coCy ' , crf CO E (a 4 V Q d 1 ` CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: FEBRUARY 14/06 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 you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given !!!!11 Pursuant to Government Code Section 913 and JAN 0 9 2006 915.4. Please note all "Warnings". AMOUNT: $2,383 -&NRTITYcouNS EL(� NEZ CALIF. CLAIMANT: VISHAV R. LOOMBA ATTORNEY: UNKNOWN DATE RECEIVED: JANUARY 09/06 ADDRESS; 2022 LYNWOOD WAY BY DELIVERY TO CLERK ON: JANUARY 09/06 ANTIOCH, CA 94509 BY MAIL POSTMARKED: JANUARY x6/06 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN S WEE N erk Dated: JANUARY 09, 2006 By: Deputy 11. FROM: County Counsel:. TO: Clerk of the Board of Supe sors (V)'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: �'o(P By: rn Deputy County Counsel III. 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. B ARD 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:�Gbr4e.aiy / a JOHN SWEETEN, 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 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. 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:f�r' D JOHN SWEETEN, CLERK By Deputy Clerk r,✓ ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or ,,owing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. •nnnnlnnln!!!n!!n!■.......... sne!!n!!!!a!!!n!!!!mmoms®!!!■!!!!!!!n!sign!!6!@GL RE: Clain By: Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa or ) JAN 0 9 2006 BOARD CE 1.P IERVIS 6S CLERK District) CONTRA COSTA CO. (Fill in the naive) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$0273 9f. _7o and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and'hour) o'p 2. Where did the damage or injury occur? (Include city and county) �. How did the damage or injury occur? Give full etails; use extra paper if required) 4. What particular act or omission on the,part - county or district officers, servants, or employees caused the injury or da-mage?d �C�(4dIZ3 7��C� ra 6px Tp ��p 5 What are the names county or district officers, servaiits, or employees causing the damage or injury? � 11�4— ��1 1 A 6. Wliat damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage.) 7. How was the amount AAA A abo-,Te computed? (Include the estimated amount of any prospective injury or damage.) 8. Names and addresses of witnesses, doctors, and hospitals: 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT am a ass p ME as a ass a a Ina MR a am a an M a am a a p s s M M p a s on a s M s s a M a s m R s R m s m m s a s p c p m M MEN on an Enna M am Ing ) .Gov. Code Sec. 910.2 provides "The claim shall be ) signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney) ) Name and address of Attorney ) vL�"/ (Claimant's Signature) (Address) Telephone No. Telephone No. --�n 3aa■■MEasONE aM a Rata Rs am sa MR s 0aaam0 am a sass as ass M■■■usRon■a a as sap MENU a■a a an as a a a as am PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachuments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. sasssssasassaaspassassssanow Boom OWNER ssssspMssRon saspsaMasMEN ssaMaassaassssesapppsaai NOTICE: Section 72 of the Penal Code provides:- Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. e t ' Date: 12/15/2005 10:50 AM Estimate ID: 32527 Estimate Version: 0 Preliminary Profile ID: Mitchell JIM'S CALIF. AUTO BODY, INC. 1530 WAOTH STREET Antioch,CA 94509 (925)754-7600 Fax: (925)754-3614 Tax ID: 94-2227228 BAR M AH134092 EPA#: CAD983607524 Damage Assessed By: Robert LaPolla Condition Code: Good Deductible: 0.00 Claim Number: 32527 Insured: V.LOOMBA Address: 2022 LYNWOOD WAY ANTIOCH,CA 94509 Telephone: Work Phone: (925)209-1947 Home Phone: (925)757-5191 Mitchell Service: 917747 Description: 1993 Toyota Previa Vehicle Production Date: 7193 Body Style: Van 112"WB Drive Train: 2AL Inj 4 Cyl 2WD VIN: JT3AC11R9P1117325 License: LOOMBA CA Mileage: 166,808 OEM/ALT: 0 Search Code: None Color: GREEN Options: POWER STEERING,POWER BRAKES,POWER WINDOWS,POWER DOOR LOCKS POWER REMOTE MIRROR,DISC BRAKES,VAN "ALL CRASH PARTS ON THIS ESTIMATE ARE NEW—OEM(ORIGINAL EQUIPMENT MANUFACTURER) UNLESS OTHERWISE SPECIFIED. PARTS DESCRIBED AS RECHROMED, RECORED, OR REMANUFACTURED ARE EITHER RECONDITOINED OR REBUILT. PARTS THAT ARE DESCRIBED AS QUAL REPL PART, AND QRP CAPA, ARE NON—OEM CRASH PARTS. Line Entry Labor Line Item Part Type/ Dollar Labor Item Number Type Operation Description Part Number Amount Units 1 700599 BDY REMOVEIREPLACE L LWR FENDER MOULDING 76911-95D00-BO 33.90 0.3 2 705320 BDY REMOVE/REPLACE L FENDER SPLASH SHIELD 53876-95D00 48.24 0.3 3 707260 BDY REMOVE/REPLACE WHEEL COVER CAP 42621-28061 64.13 4 707260 BDY REMOVE/REPLACE WHEEL COVER CAP 42621-28061 64.13 5 700849 BDY REMOVE/REPLACE L FRT UPR DOOR MOULDING 76914-95D00-BO 299.43 0.3 # 6 700853 BDY REMOVE/REPLACE L FRT LWR DOOR MOULDING 76962-95D00-BO 62.56 0.4 7 721420 BDY REMOVE/REPLACE L FRT LWR DOOR WEATHERSTRIP 67866-95D00 15.46 0.6 # 8 700934 BDY REMOVE/REPLACE L QUARTER MOULDING 76918-95D00-BO 270.42 9 700936 BDY REMOVE/REPLACE LWR QUARTER MUDGUARD 76963-95DOO-BO 62.56 10 734020 BDY OVERHAUL REAR COVER ASSY 1.5 11 900500 BDY* ADD'L LABOR OP REMOVE PAINT FROM LEFT SIDE OF VEHICLE Existing 10.0* 12 900500 BDY* ADDT LABOR OP SUBLET/DETAIL EXTERIOR Sublet 125.00* 0.0* 13 734060 BDY REMOVE/REPLACE REAR BUMPER COVER 52159-95D02-BO 299.22 INC ESTIMATE RECALL NUMBER: 12/15/200510:50:20 32527 UltraMate is a Trademark of Mitchell International Mitchell Data Version: NOV_05_A Copyright(C)1994-2003 Mitchell International Page 1 of 3 UltraMate Version: 5.0.212 All Rights Reserved Date: 12/15/2005 10:50 AM Estimate ID: 32527 Estimate Version: 0 Preliminary Profile ID: Mitchell * -Judgement Item #-Labor Note Applies Add'I Labor Sublet I. Labor Subtotals Units Rate Amount Amount Totals II. Part Replacement Summary Amount Body 13.4 70.00 0.00 125.00 1,063.00 Taxable Parts 1,220.05 Sales Tax @ 8.250% 100.65 Non-Taxable Labor 1,063.00 Total Replacement Parts Amount 1,320.70 Labor Summary 13.4 1,063.00 III. Additional Costs Amount IV. Adjustments Amount Total Additional Costs 0.00 Insurance Deductible 0.00 Customer Responsibility 0.00 I. Total Labor: 1,063.00 if. Total Replacement Parts: 1,320.70 III. Total Additional Costs: 0.00 Gross Total: 2,383.70 IV. Total Adjustments: 0.00 Net Total: 2,383.70 This is a preliminary estimate. Additional changes to the estimate may be required for the actual repair. Point(s)of Impact 16 Non-Collision(P) AUTHORIZED AND ACCEPTED: You are hereby authorized to make the above specified repairs, I understand that payment in full will be due upon release of vehicle, including additional supplemental damage charges, and hereby grant you and/or your employees, permission to operate the car, truck or vehicle herein described on street, highways or elsewhere for the purpose of testing and/or inspection. An expressed mechanic's lien is acknowledged on above car, truck or vehicle equal to the amount of repairs thereto, You will not be responsible for loss or damage to vehicle or articles lost in vehicle in case of fire, theft, accident or any other cause beyond your control. ALL OLD/DAMAGED PARTS REMOVED FROM VEHICLE WILL BE DISPOSED OF UNLESS REQUEST OTHERWISE PRIOR TO REPAIRS. ESTIMATE RECALL NUMBER: 12/15/2005 10:50:20 32527 UltraMate is a Trademark of Mitchell International Mitchell Data Version: NOV_05_A Copyright(C)1994-2003 Mitchell International Page 2 of 3 UltraMate Version: 5.0.212 All Rights Reserved Date: 12/15/2005 10:50 AM Estimate ID: 32527 Estimate Version: 0 Preliminary Profile ID: Mitchell REPAIRS AUTHORIZED BY DATE ESTIMATE RECALL NUMBER: 12/15/2005 10:50:20 32527 UltraMate is a Trademark of Mitchell International Mitchell Data Version: NOV_05_A Copyright(C)1994-2003 Mitchell International Page 3 of 3 UltraMate Version: 5.0.212 All Rights Reserved •• CD I z ~ t' D CL / ki Nt� m r yku ��yr r9 0 D Y I � O O D 30 Z � � �nrn azZ�• �1 cn000cnm= CJ(11mCIIN�;-o I o• W• OO ` d M --- rn CLAIM d r BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY n .� V BOARD ACTION:FEBRUARY 14/06 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 you is your California Government Codes. ) notice of the action taken on your claim by the � 6M II� Board of Supervisors. (Paragraph IV below), given !!ll Pursuant to Government Code Section 913 and JAN 2006 915.4. Please note all."Warnings". COUNTY COUNSEL AMOUNT: $300,"00 MARTINEZ CALIF. CLAIMANT: PAUL NOVAK ATTORNEY: UNKNOWN DATE RECEIVED: JANUARY 09/06 ADDRESS: 5258 ALHAMBRA VALLEY ROAD BY DELIVERY TO CLERK ON: JANUARY 09/06 MARTINEZ, CA 94553 JANUARY 06/06 BY MAIL POSTMARKED: FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWE erk Dated: JANUARY 09, 2006 By: Deputy II. FkOM: County Counsel. TO: Clerk of the Board of Supeivisors. ( 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: _�' By: m Deputy County Counsel III. 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. BOARD 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���'' r /15 0 6 JOHN SWEETEN, 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 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. 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 as certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: 7 W✓ 11`0`r /= O. JOHN SWEETEN, CLERK By Deputy Clerk 1 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,Martinez,CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the naive of the District should be filled in. D. I.f the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec..72 at the end of this form. some mans RE: Claim By: Reserved for Clerk's filing stamp PAUL NOVAK ) RECEIVED Against the County of Contra Costa or ) JAN 0 9 2006 District) CLERK BOARD Of QwEmsoRss (Fill in the name) ) CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ 300.06 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) THURSDAY, DECEMBER 15, 2005 2. Where did the damage or injury occur? (Include city and county) 5258 ALHAMBRA VALLEY ROAD, MARTINEZ, CALIF. 3. How did the damage or injury occur? (Give full details; use extra paper if required) COUNTY TREE TRIMMERS, TRUCK DAMAGES FENCE. 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 5 What are the names of county or district officers, servants, or employees causing the damage or injury? YOU SHOULD CONTACT CHUCK JEFFRIES/VEGETATION MANAGEMENT/PUBLIC WORKS DEPT. 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages - - claimed. Attach two estimates for auto damage.) BROKEN 4" X 6" FENCE POST, 3 2" X 6" RAILINGS, CHRISTMAS LIGHTS. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) COST OF REPLACED MATERIALS AND MY LABOR TO REBUILD SAME. 8. Names and addresses of witnesses,doctors, and hospitals: 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT ■■aaaaaaaaaaaasaaaaaBEEN aaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaasaaaaaaaaaaaaaaaaaal Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant or b some person on his behalf." SEND NOTICES TO: (Attorney) Name and address of Attorney ) F (Claimant' ignature) 5258 ALHAMBRA VALLEY ROAD (Address) MARTINEZ, CALIF. 94553 Telephone No. ) Telephone No. (925)-372-6721 ■■aaaaaauaaaaaaaaaanow aaaaaaaaaaaaaaaaaaaaaaaaaaaaaataaaaaaataaaaaaaaaaaaMEN aaaaaaaat PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. ■man aaaaaaaaaaaaRon aaaaaaaaaaaaaaaauaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaaamawas aWERE I NOTICE: Section 72 of the Penal Code Provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. ,Y b. •lM.'G .-hi.,.+. , l.' rte` -.fTY.._ t` . 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'N i" *,7� ..v 4 r r? /�t •.J"a - �.�y�a 'f y,y � r' T�s+ ,,• iF �::5 ♦ e Y ♦ {i #1 tj7F•i4�•�..�=��.�.�V'� 'd ` .._ �' %.� < '��K`4�y �f�.�Y'(Y"1�,..l�+•�a• i� *�` '�" tri' .Pa. ♦ � � />+�t'��a" S�',�y��� 1' y .�i`�L•r"^I. < f�+,e,°.. �w 4.. �,#,,, � .. tp^G -Y •.:tTi.�^ •9,�1i 1f •a1 •Z'Rc.n >,.•�!� ,...0_y �," r I .< _ ,..'K - i •y ♦-! � „� ' rye ` _ _ y _Y_ ..� Yi`•t �a .imp ��y�wt'�:�k� "-��.Y'.�' ";•�a�r.w,y'11l F{.•��r" :ter,` ��.'����i�-arm.�� ': .�'' �' .h"' .• ,e R r I t O W O tp„a 6` �H H c!a .D v a N � a CO Pa � CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: FEBRUARY 14, 2006 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 you is your California Government Codes. r ` � ,'E�j, �(��r�� �� notice ofthe-action taken on our claim b the � Board of Supervisors. (Paragraph IV below), given A 7 � Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings.'. COUNTY CCUNR�r--L AMOUNT: $11700,000.00 CLAIMANT: BRENTWOOD ROD::AND GUN CLUB, INC. a California Non--Profit Corporation ATTORNEY: DATE RECEIVED: JANUARY 17, 2006 GLENN S. McROBERTS ADDRESS: 180 E. OCEAN AVENUE, SUITE 200 BY DELIVERY TO CLERK ON: JANUARY 17, 2006 LONG BEACH, CA 90802 RECEIVED THROUGH FAX BY MAIL POSTMARKED: .TANI)ARV 16. 2()nc) FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JANUARY 17, 2006 JOHN SWEET , Dated: By: Deputy II. FkOM: County Counsel, TO: Clerk of the Board of Supe � sons (►'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). ►rna Yn o f b� - (%� C`laim is-nol timely filed. Rad warning of ' c 'on ) A (}''Other: �� 1e-�� orn v t !a clQ i rv� no o a/ to mese v e- �o co•��i v c Dated: 1'2.6t—O(oo By: ryl Deputy County Counsel 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. 9PARD ORDER: By unanimous vote of the Supervisors present: ( 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 '�' /� O� JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING(Gov. code se ion 9 3) 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. 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. 01 Dated: Ira�'``a' '��JOHN SWEETEN, CLERK By Deputy Clerk -4 OFFICE OF THE COUNTY COUNSEL SILVANO B.MARCHESI COUNTY OF CONTRA COSTA , -=_� " _=- ®� COUNTY COUNSEL Administration Building 4 651 Pine Street, 9'h Floor _ — SHARON L. ANDERSON Martinez, California 94553-1229 CHIEF ASSISTANT � (925) 335-1800 � -a' GREGORY C. HARVEY P7� ��' ®� `a+oa�il���,� F i VALERIE J. RANCHE 925 646-1078 fax ( ) (fax) ASSISTANTS STATUTORY WARNING PURSUANT TO GOVERNMENT CODE SECTION 911.3 TO: Glenn S. McRoberts Trutanich Michel, LLP 180 E. Ocean Boulevard, Suite 200 Long Beach, CA 90802 RE: Claim of Brentwood Rod and Gun Club, Inc. Please Take Notice as Follows: The claim you presented to the Contra Costa County.Board of Supervisors on January 16, 2006 was reviewed by County Counsel. The portion of the claim prior to January 16, 2005 was not presented within one year after the event or occurrence as required by law. Because you allege a continuing violation of the claim with the denial of the permit occurring July 12, 2005, the claim is "timely on its face" and will be reviewed and acted upon by the Board of Supervisors within the statutory time period. To preserve the rights of the County, its departments and employees to challenge the validity of your continuing violation claim, you are warned pursuant to statute that if your continuing violation argument is improper, your claim is late, and is being returned because it was not presented within six months after the event or occurrence as required by law. (See Gov. Code, §§ 901, 911.2.) Because the claim may not have been presented within the time allowed by law, we warn you that to preserve your right in the event your claim is determined to be late, your only recourse at this time is to apply without delay to the Contra Costa County Board of Supervisors for leave to present a late claim. (See Gov. Code, §§ 911.4 to 912.2, inclusive, and 946.6.) Under some circumstances, leave to present a late claim will be granted. (See Gov. Code, § 911.6.) r Page 1 e --s Glenn S. McRoberts Re January 16, 2006 Claim of Brentwood Rod and Gun Club, Inc. Page 2 SILVANO B. MARCHESI COUNTY COUNSEL By; Monika L. Cooper Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a,2015.5;Evid. Code, §§ 641, 664) I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. M siness address is Office of the County Counsel, 651 Pine Street, 9th Floor, Martinez, CA 94553-1229. O ave , I served a true copy of this Statutory Warning Pursuant to Government Code S c '-n 911.3 by placing the document in a sealed envelope with postage thereon fully prepaid,in the United States mail at Martinez, California addressed to Glenn S. McRoberts, Trutanich Michel, LLP, 180 E. Ocean Boulevard, Suite 200,Long Beach, CA 90802, as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws if the State of California and the United States of America that the above is true and correct. Executed on at Martinez, California. Kathleen O'Connell cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 01/16/2006 17:02 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 2003 1 GOVERNMENT CLAIM 2 RE: CLAIM BY: RECEt�/E® 3 BRENTWOOD ROD AND GUN CLUB, SAN 1 7 INC. a California Non-Profit Corporation, 2006 4 CLERK 80q AGAINST cOIvjRA OF SUPERVISORS 5 COSTA CO. The COUN"CY OF CONTRA COSTA, a 6 municipality; and the COUNTY OF CONTRA COSTA BOARD OF 7 SUPERVISORS 9 The undersigned claimant hereby makes a claim against the County of Contra Costa and the 10 County of Contra Costa Board of Supervisors in the sum of approximately$1,700,000 and in 11 support of this claim represents as follows: 12 1. When did the damage or injury occur? 13 The damage or injury occurred on a continuing basis between September 1999 the present. 14 2. Where did the damage or injury occur? 15 The damage or injury occurred in association with the property known as #280 Camino 16 Diablo, Byion, CA in the County of Contra Costa, California. 17 3. How did the damage or injury occur? 18 The damage or injury occurred as a result of the County's abuse of the environmental 19 review process and improper denial of a land use permit submitted by the Brentwood Rod and 20 Gun Club (Club) to relocate its shooting range to#280 Camino Diablo, Byron, California. The 21 County wielded its power as a member of the State Route 4 Bypass Authority to put the 22 Brentwood Rod and Gun Club out of business at its former location and then inappropriately used 23 the environmental review process as a means to delay and obstruct the re-opening of the Club's 24 recreational shooting range at its new location. The unlawful actions of several county officials 25 throughout this process, and the bias and discrimination which the Club has been shown has 26 deprived the Club of due process and has ultimately resulted in a regulatory taking of the Club's 27 property without compensation, all for no other lawful reason than for Contra Costa County to rid 28 itself of an unwanted Gun Club as a result of its demonstrated bias against guns and legitimate 1 GOVERNMENT CLAIM 01/16/2006 17:02 FAX 562 216 4445 TRUTANICH-MICHEL, LLP Z004 1 gun-related recreational activities and businesses. The facts giving rise to this claim are recited 2 below: 3 The 'State Route 4 Bypass Authority(which consists of Contra Costa County and the 4 Cities of Ani inch and Brentwood), threatened a condemnation action against the Club's former 5 property at 731 Concord Avenue, Brentwood, California, where they had operated for nearly 50 6 years in order to construct a state highway bypass. In 1999, under duress, the Club sold its former 7 property to the State Route 4 Bypass Authority and purchased a vacant piece of land at#280 8 Camino Diablo in the rural Byron area of Contra Costa County with an identical zoning 9 designation for relocation of the Club's facilities. 10 The new site consisted of a 39 acre former quarry/motocross area at the bottom of a steep 11 walled canyon in an area zoned for heavy agriculture(designation A-3) and surrounded by 12 existing sand quarries, a motocross facility, a construction equipment storage yard, undevelopable 13 open space owned by the Contra Costa Water District, and four undeveloped adjacent 10-acre 14 ranchette parcels located at the top of a 250-300 foot high quarried hillside adjacent to the Club's 15 property boundary. The A-3 zoning designation, consistent with the County's General Plan, 16 allows for construction of outdoor recreational facilities with a land use permit. In April 1999, the 17 Club applied for such a land use permit for relocation of the Club's facilities to the new site. In 18 September 1999, the Club's application for a land use permit for relocation of its facilities was 19 deemed complete by the County and, not anticipating any further problems with obtaining its 20 permit, finalized the purchase of the new site at #280 Camino Diablo. 21 After the County conducted noise and biological studies and prepared an Initial Study 22 pursuant to the California Environmental Quality Act (CEQA), in March 2000 a Mitigated 23 Negative Declaration was adopted and the project was approved by Contra Costa County's East 24 County Regional Planning Commission. A handful of property owners appealed the decision, 25 citing safety and noise concerns. 26 In December 2000, after conducting additional noise and biological studies, and hiring of 27 a safety design consultant who made some recommendations for modification of the Club's 28 proposed design, the County issued a Revised Initial Study/Mitigated Negative Declaration and 2 GOVERNMENT CLAIM 01/16/2006 17:03 FAX 562 216 4445 TRUTANICH-MICHEL. LLP 1x005 1 once again recommended approval of the Project. The Club modified its plans consistent with the 2 recommendations of the safety engineer and met with adjacent property owners to dispel its 3 concerns. 4 Due !-Io continued public opposition regarding noise, safety, and newly raised potential 5 groundwater contamination issues, in December 2001, the County determined that preparation of 6 a "focused" Enyironinental Impact Report (EIR), which would focus on the areas of noise, safety 7 and potential groundwater contamination, was required. In December 2002, a"comprehensive" 8 Draft EIR (which was anything-but focused) containing further noise, safety, biological, and other 9 studies (all performed at the Club's expense) was issued. 10 After an unexplained 1-1/2 year delay, in August 2004, the County issued a Recirculated 11 EIR. The purpose of the Recirculated EIR was to address the presence of a newly listed federally 12 threatened species, the California Tiger Salamander(CTS), which had allegedly been 13 "discovered" at the site by the County's biological consultant during yet another biological survey 14 of the Site which was apparently directed and authorized by the County in March 2003 (despite 15 the fact the four prior biological surveys by two different biologists had found no such species and 16 had declared the site to be unsuitable habitat). Although the Club's Treasurer,Mr. Terry Dicker 17 was standing next to the County's biologist during this alleged CTS "discovery,"he was not 18 allowed to si.e the alleged "CTS" even though he asked twice to see what had been allegedly 19 found by the County's biologist. No report,photographs, field nates, or other evidence of this 20 alleged CTS "discovery"has ever been produced by the County's biologist. Nonetheless, as a 21 result of the alleged CTS "discovery," the County, after requesting input from the California 22 Department of Fish and Game and the United States Fish and Wildlife Service, imposed onerous 23 conditions ori the Club for mitigation of the salamander habitat that would have cost the Club 24 hundreds of thousands of dollars to implement, including construction of an engineered CTS 25 habitat pond. 26 Further, the Final EIR, which was issued in November 2004, erroneously concluded that 27 the Project v✓ouid have a significant and unavoidable noise impact because the Club's proposed 28 activities would exceed a noise "perception criterion" standard that made it a violation for 3 GOVERNMENT CLAIM 01/16/2006 17:03 FAX 562 216 4445 TRUTANICH-MICHEL, LLP Q006 1 gunshot noise to exceed 5 decibels above ambient levels. This new "perception criterion" 2 standard wa., introduced for the first time ever in Contra Costa County in the Club's ERR and was 3 apparently to be applied exclusively to the Club. Although it was inconsistent with the 4 applicable noise standards identified by the County's original noise consultant (from the County's 5 General Plan), the County and its consultants claimed that this stringent"perception criterion" 6 should be applied to the Club's Project allegedly due to the startling effect and the perceived 7 danger associated with gunshot noise. 8 In April 2005, six years after the Club's permit application was filed, to the Club's 9 complete surprise, the County made findings of a significant and unavoidable noise impact based 10 solely on the application of the novel noise "perception criterion" and announced its intent to deny 11 the Club's permit application, contrary to all of its previous staff recommendations and findings 12 recommending approval of the Project with conditions. 13 The EIR was certified and the Club's land use pen-nit application was denied by the Board 14 of Supervisors on July 12, 2005. As a result of the County's disparate application of an 15 inapplicable noise standard to the Club's proposed activities, a defective ETR has been certified, 16 the Club ha,;been harmed, and their land use permit has been improperly denied. 17 Additional Facts Regarding Discriminatory Treatment of the Club's Permit versus Others Similarly Situated 18 In November 2004, Tom Smith and Tom Anderson, owners of the adjacent quarry 19 (County File# LP962046),requested a modification of the land use permit for their quarry 20 operations. Of note is that Club's property was part of this exact same quarry until it was 21 purchased by the Club in September 1999. Nonetheless,rather than requiring any environmental 22 review of the quant'property for modification of the quarry's permit (less than one month after 23 circulating he Club's Recirculated EIR regarding the endangered CTS), the County instead 24 adopted the Initial Study and associated Negative Declaration that had been prepared for the 25 Quarry(ostensibly including the Club's property) in 1996. 26 In its November 2004 staff report, the County stated that "an Initial Study was prepared[in 27 1996) that (lid not identify any potentially-significant impacts..." and"[d]ue to the disturbance of 28 4 GOVERNMENT CLAIM 01/16/2006 17:03 FAX 562 216 4445 TRUTANICH-MICHEL. LLP [j007 1 the lands in the quarry, the findings of the previous [1996] Initial Study and Negative Declaration 2 of Environmental Significance remain operative." Therefore, rather than rely on a newly 3 completed comprehensive EIR for the exact same former quarry site in which endangered species 4 were allegedly found, the County instead, chose to rely on an eight year old Initial Study and 5 granted the (quarry's permit application. 6 In February 2005, the Quarry again applied for extension of a land use permit; this time to 7 expand their quarry operations from 7.9 acres to 13.5 acres, an addition to the quarry of 5.6 8 acres. The purpose of the expanded permit application was to allow the Quarry operators (FTG) 9 to mine a previously undisturbed hill that remained between the Quarry and the Club's property. 10 The Notice of Public Hearing published by the County for the quarry permit application contained 11 the following paragraph: 12 For purposes of compliance with the provisions of the California Environmental Quality ACT (CEQA), a Negative Declaration of 13 Environmental Significance (no Environmental Impact Report required) has been issued for this project. (Emphasis added.) 14 15 The Quarry's permit application was approved on June 6, 2005. Thus, based on the 16 Quarry's 1996 Initial Study that included the Club's property, the County made a finding that 17 mining of 5.5 acres of undisturbed land between the Quarry and the Club would have no 18 significant impact on the environment and on that basis, adopted a Negative Declaration and 19 approved the; Quarry's mining expansion permit. 20 Although, one could ostensibly argue that the County Zoning Commission did not know 21 that the County Commissioners were involved in a comprehensive EIR of the Club's adjacent 22 property and that a supplemental EIR prepared for the Club's property had reported an alleged 23 discovery of an endangered species, this is simply not the case here. In fact, the Agency 24 Comment R,.-quest that was sent out by the Contra Costa County Community Development 25 Department to other agencies for comments on the Quarry permit expansion application was 26 prepared and signed by County Planner Darwin Myers - the same County,Planner who had been 27 in charge of the Club's environmental review process for the past six years, including 28 preparation of the supplemental EIR. As further evidence of discrimination against the Club, the 5 ' GOVERNMENT CLAIM 01/16/2006 17:04 FAX 562216 4445 TRUTANICH-MICHEL, LLP Z008 1 California Department of Fish and Game and the US Fish and Wildlife Service(both of whom 2 had been heavily involved in the Club's EIR and the conditions of approval requiring the Club to 3 construct extensive ponds as mitigation for the alleged CTS habitat) were not even notified or 4 asked to continent on the Quarry's expansion permit application, even though the Quarry's 5 expanded operations created significantly greater disturbance of undisturbed land than any of the 6 activities proposed by the Club. 7 In the process of mining the intervening hill, not only did the quarry disturb previously 8 undisturbed land,but their overburden fell onto the Club's property in the exact location of the 9 "pond" (i.e., mud puddle)where the CTS larvae had allegedly been "discovered"by the County's 10 biologist over N)o years before the Quarry's latest permit application, potentially harming any 11 CTS that may have been present and/or destroying critical habitat that the Club was being 12 singularly required to preserve. Furthermore, after approving the Quarry's permit to remove the 13 hill separating them from the Club, the County cited removal of the hill as a reason to disallow the 14 Club's permit, claiming possible safety issues could result because of the Quarry's removal of the 15 natural buff=er between the two properties. 16 As mother example of the discriminate manner in which the Club has been treated, 17 another adjacent property, owned by Terry Cook, houses a construction equipment storage yard. 18 Although this use is not compatible with unpermitted uses of agriculturally zoned land, Mr. Cook 19 has been allowed to maintain this construction equipment storage yard without obtaining any land 20 use permit,, or conducting any environmental review, even though this is the type of business for 21 which a land use permit would otherwise be required. 22 Further, between the time the Club's permit application was deemed complete in 23 Septembei 1999 and denial of the Club's permit on July 12, 2005, numerous building permits 24 have been issued for adjacent properties including grading permits for construction of residential 25 driveways and building pads, and building permits for construction of numerous homes, garages 26 and outbu:Mings. To the Club's knowledge, not one of these adjacent properties has been 27 required to conduct any environmental review, survey, or mitigation for the endangered CTS that 28 was allegedly"discovered" on the Club's immediately adjacent property. i 6 GOVERNMENT CLAIM 01/16/2006 17:04 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 0009 1 The Club has been singled out and required to undergo an exhaustive environmental 2 review process, while the surrounding property owners have escaped this requirement, when some 3 of their activities have been far more intrusive on the environment than any construction or 4 activities thc! Club has proposed. As a result of this singular and disparate treatment, the Club has 5 been harmed and their land use permit has been improperly denied. 6 Additional Facts Regarding Unfair Process and Conflict of Interest 7 Rick Kendrick is a homeowner at Parcel AP#003-030-025 on Silver Hills Drive. He is a 8 member of Appellant Silver Hills Homeowners Association, and an outspoken opponent of the 9 Club's Project. Since becoming an appellant to the Club's permit application, Mr. Kendrick has 10 been appointed as a member of the Byron MAC, on which he currently serves as an appointed 11 County Official. 12 As a result of his status as an Appellant on this Project, Mr. Kendrick was absolutely 13 prohibited from voting on or engaging in any Byron MAC decisions or actions concerning this 14 Project un&-r the County's own Conflict of Interest regulations. Despite this prohibition, at the 15 September 16, 2004 Byron City Council meeting, Councilman Kendrick stated"he never 16 expected the Gun Club to actually be built." He then presented a letter to the Byron MAC that he 17 and his wif,-had sent to the County Project Planner citing concerns about the Project, after which 18 he indicated"he is looking for the Council to represent the property owners on this issue." 19 Mr. Kendrick then attempted to second a motion to oppose the project and proceeded to 20 vote on the matter as a member of the Byron MAC, but was forced to abstain by other council 21 inembers. As a result of Mr. Kendrick's improper solicitation, the Byron MAC completely 22 reversed its position and agreed to write a letter to the County opposing the Club's project - 23 despite the fact that the Byron MAC had previously submitted two letters of overwhelming 24 support to .he County regarding the Club's relocation to their#280 Camino Diablo site. The 25 Byron MAC's opposition letter was presented to the Board in the April 26, 2005 Staff Report and 26 Recommendations and was given great weight by the Board as evidence of significant public 27 agency opposition in their decision to deny the Club's permit. 28 Mr. Kendrick then used his position to solicit opposition to the Club's Project from the 7 GOVERNMENT CLAIM 01/16/2006 17:04 FAX 562 216 4445 TRUTANICH-MICHEL, LLP Q010, 1 Town of Discovery Bay during its February 16, 2005 Board of Directors meeting. The discussion 2 of the Brentwood Rod and Gun Club was led by the Town of Discovery Bay Vice President 3 David Piepho. Coincidentally, Mr. Piepho is the spouse of Contra Costa County District III 4 Supervisor Mary Piepho, who is both the Vice Chair on the State Route 4 Bypass Authority that 5 forced the Club off its former property, as well as the Supervisor for the district in which the 6 Club's new Site lies, and who ultimately made the motion to deny the Club's permit application. 7 At this meeting, Mr. Kendrick indicated that he was a member of the Byron MAC and that 8 the Byron MAC had requested the Town. of Discovery Bays opposition to this Project. Mr. 9 Kendrick's -<ssertions were both erroneous and misleading, as the Byron MAC never discussed or 10 requested opposition to this Project from any other municipality in any noticed or recorded 11 meeting. Additionally, although Mr. Kendrick mentioned that he was a homeowner in the vicinity 12 of the Project and a member of the Byron MAC, he failed to mention that he was also one of the 13 Appellants opposing this Project, even when the appeal was discussed. 14 Desi:?ite the apparent conflict of interest between County Supervisor Piepho and 15 Discovery Bay's Vice President Piepho with respect to this matter, Mr. Piepho led the discussion 16 at the Town of Discovery Bay meeting and personally made the motion to support the Byron 17 MAC, as requested by Mr. Kendrick, which was then approved by the Town Council. As a result 18 of Mr. Kendrick's active solicitation of opposition for the Club's project, and his erroneous 19 assertion that the Byron MAC's position with respect to the project, the Town of Discovery Bay 20 wrote a letter opposing the Project which was presented to the Board in the April 26, 2005 Staff 21 Report and Recommendations. This letter, along with the letter of opposition from the Byron 22 MAC, was given great weight by the Board as evidence of significant public agency opposition to 23 this project. 24 The Club alleges that Mr. Kendrick's actions were performed in direct conflict with 25 Contra Costa's Conflict of Interest policies. Additionally, the Contra Costa Board of Supervisors 26 has adopted a Policy(Resolution No. 2002/376) for Board Appointees(such as Kendrick) 27 concerning Conflict of Interest & Open Meetings. This Policy requires Board Appointees to 28 adhere to the principles and rules of the Political Reform Act of 1974 (Government Code §§ 8 GOVERNMENT CLAIM 01/16/2006 17:05 FAX 562 216 4445 TRUTANICH-MICHEL. LLP f ]O11 1 81000 et seq,). The Club alleges that Mr. Kendrick's actions also constituted a violation of that 2 Act. 14 m 3 The weight the County gave to the opposition of the Byron MAC and the Town of 4 Discovery Bad is evidenced in the opening pages of the Staff Report prepared prior to the Board's 01/16/2006 17:02 FAX 562 216 4445 TRUTANICH-MICHEL. LLP j002 CAR.24EN A.TRUT.kNIQ I OF COUNSEL: C.D.M1Ci ILL p i JOHN F.MACIiT1NGER LOS ANGELES,CA - LOS ANGELES,CA SAN DIEGO,CA , Al 4+i i�1� 1.YI , .L�� WP 1301413,t{KI hS ...•N^.... ...: s .......:::::. SAN FrAtNcISCo,CA A ttgrn. eys At I, aw LOS ANGELES - SAN DIEGO MART:K BFNP_NSON NEW YOtttc,N.Y. Glenn S.MclZoivas RDY (619)297-0770 DAVIoC A TUCSON gtnccobertslet-Inlawyers.com ,AZ January, 2006 V� CLF JAN 1 2006 Emy L. Sharp RKgpgRO Deputy Clerk of the Bard CpNTgy�ps APC pRv�soFS Contra Costa County Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 Re: Brentwood Rod and Gun Club, County File#LP992027 Dear Ms. Sharp and Members of the Board: Enclosed please find a Govenunent Claim from Brentwood Rod and Gun Club. If you have any questions, please contact Glenn S. McRoberts at(562) 216-4442. Very truly yours, TRUTANICH • MICHEL,LLP By: S Gted S. McRoberts GSM:klt Enc: cc. Thomas Geiger, Deputy County Counsel 180 E.Ocean Boulevard,Suite 200•Long Beach,CA 90802•Tel:(562)216-4444•Fax:(562)216-4445 a www.tmtlp.com 01/16/2006 17:06 FAX 562 216 4445 TRUTANICH-MICHEL, LLP Q003 1 GOVERNMENT CLAIM 2 RE: CLAIM BY: 3 BRENTWOOD ROD AND GUN CLUB, 4 INC. a California Non-Profit Corporation, C �® AGAINST IV `l 1 5 The COUNTY OF CONTRA COSTA, a �`�qCo,gpo�s Z0�6 6 municipality; and the COUNTY OF qA co �p£R4 CONTRA COSTA BOARD OF STA c0. 'SOgs 7 SUPERVISORS 8 9 The undersigned claimant hereby makes a claim against the County of Contra Costa and the 10 County of Contra Costa Board of Supervisors in the sum of approximately$1,700,000 and in 11 support of this claim represents as follows: 12 1. When did the damage or injury occur? 13 The damage or injury occurred on a continuing basis between September 1999 the present. 14 2. Where did the damage or injury occur? 15 The damage or injury occurred in association with the property known as #280 Camino 16 Diablo, Byron, CA in the County of Contra Costa, California. 17 3. How dial the damage or injury occur? 18 The damage or injury occurred as a result of the County's abuse of the environmental 19 review process; and improper denial of a land use pen-nit submitted by the Brentwood Rod and 20 Gun Club (Chub) to relocate its shooting range to #280 Camino Diablo, Byron, California. The 21 County wielded its power as a member of the State Route 4 Bypass Authority to put the 22 Brentwood Rod and Gun Club out of business at its former location and then inappropriately used 23 the environmental review process as a means to delay and obstruct the re-opening of the Club's 24 recreational shooting range at its new location. The unlawful actions of several county officials 25 throughout this process, and the bias and discrimination which the Club has been shown has 26 deprived the Club of due process and has ultimately resulted in a regulatory taking of the Club's 27 property without compensation, all for no other lawful reason than for Contra Costa County to rid 28 itself of an unwanted Gun Club as a result of its demonstrated bias against guns and legitimate 1 GOVERNMENT CLAIM 01/16/2006 17:06 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 0]004 1 gun-related recreational activities and businesses. The facts giving rise to this claim are recited 2 below: 3 The State Route 4 Bypass Authority(which consists of Contra Costa County and the 4 Cities of Antioch and Brentwood), threatened a condemnation action against the Club's former 5 property at 731 Concord Avenue, Brentwood, California, where they had operated for nearly 50 6 years in order to construct a state highway bypass. In 1999,under duress, the Club sold its former 7 property to the State Route 4 Bypass Authority and purchased a vacant piece of land at#280 8 Camino Diablo in the rural Byron area of Contra Costa County with an identical zoning 9 designation for relocation of the Club's facilities. 10 The new site consisted of a 39 acre foriner quarry/motocross area at the bottom of a steep 11 walled canyon in an area zoned for heavy agriculture (designation A-3) and surrounded by 12 existing sand quarries, a motocross facility, a construction equipment storage yard, undevelopable 13 open space owned by the Contra Costa Water District, and four undeveloped adjacent 10-acre 14 ranchette parcels located at the top of a 250-300 foot high quarried hillside adjacent to the Club's 15 property bour.�dary. The A-3 zoning designation, consistent with the County's General Plan, 16 allows for construction of outdoor recreational facilities with a land use permit. In April 1999, the 17 Club applied i'or such a land use permit for relocation of the Club's facilities to the new site. In 18 September 1999, the Club's application for a land use permit for relocation of its facilities was 19 deemed complete by the County and, not anticipating any further problems with obtaining its 20 permit, finalized the purchase of the new site at#280 Camino Diablo. 21 After tie County conducted noise and biological studies and prepared an Initial Study 22 pursuant to the; California Environmental Quality Act (CEQA), in March 2000 a Mitigated 23 Negative Declaration was adopted and the project was approved by Contra Costa County's East 24 County Regional Planning Commission. A handful of property owners appealed the decision, 25 citing safety and noise concerns. 26 In December 2000, after conducting additional noise and biological studies, and hiring of 27 a safety design consultant who made some recommendations for modification of the Club's 28 proposed design, the County issued a Revised Initial Study/Mitigated Negative Declaration and 2 GOVERNMENT CLAIM 01/16/2006 17:07• FAX 562 216 4445 TRUTANICH-MICHEL, LLP f�005 _. 1 once again recommended approval of the Project. The Club modified its plans consistent with the 2 recommendations of the safety engineer and met with adjacent property owners to dispel its 3 concerns. 4 Due to continued public opposition regarding noise, safety, and newly raised potential 5 groundwater contamination issues, in December 2001, the County determined that preparation of 6 a"focused"Environmental Impact Report (EIR), which would focus on the areas of noise, safety 7 and potential groundwater contamination, was required. In December 2002, a"comprehensive" 8 Draft E1R.(which was anything-but focused) containing further noise, safety, biological, and other 9 studies (all performed at the Club's expense) was issued. 10 After an unexplained 1-1/2 year delay, in August 2004, the County issued a Recirculated 11 EIR. The purpose of the Recirculated EIR was to address the presence of a newly listed federally 12 threatened species, the California Tiger Salamander(CTS), which had allegedly been 13 "discovered" at the site by the County's biological consultant during yet another biological survey 14 of the Site w':iich was apparently directed and authorized by the County in March 2003 (despite 15 the fact the four prior biological surveys by two different biologists had found no such species and 16 had declared the site to be unsuitable habitat). Although the Club's Treasurer, Mr. Terry Dicker 17 was standing next to the County's biologist during this alleged CTS "discovery,"he was not 18 allowed to see the alleged"CTS" even though he asked twice to see what had been allegedly 19 found by the County's biologist. No report, photographs, field notes, or other evidence of this 20 alleged CTS "discovery"has ever been produced by the County's biologist. Nonetheless, as a 21 result of the alleged CTS "discovery,"the County, after requesting input from the California 22 Department of Fish and Game and the United States Fish and Wildlife Service, imposed onerous 23 conditions on the Club for mitigation of the salamander habitat that would have cost the Club 24 hundreds of thousands of dollars to implement, including construction of an engineered CTS 25 habitat pond. 26 Further, the Final EIR, which was issued in November 2004, erroneously concluded that 27 the Project would have a significant and unavoidable noise impact because the Club's proposed 28 activities would exceed a noise "perception criterion" standard that made it a violation for 3 GOVERNMENT CLAIM 01/16/2006 17:07 FAX 562 216 4445 TRUTANICH-DIICHEL. LLP IM006 1 gunshot noise to exceed 5 decibels above ambient levels. This new "perception criterion" 2 standard was introduced for the first time ever in Contra Costa County in the Club's EIR and was 3 apparently to be applied exclusively to the Club. Although it was inconsistent with the 4 applicable noise standards identified by the County's original noise consultant (from the County's 5 General Plait), the County and its consultants claimed that this stringent"perception criterion" 6 should be applied to the Club's Project allegedly due to the startling effect and the perceived 7 danger associated with gunshot noise. 8 In April 2005, six years after the Club's permit application was filed, to the Club's 9 complete suiprise, the County made findings of a significant and unavoidable noise impact based 10 solely on the application of the novel noise "perception criterion"and announced its intent to deny 11 the Club's permit application, contrary to all of its previous staff recommendations and findings 12 recommending approval of the Project with conditions. 13 The FIR was certified and the Club's Iand use permit application was denied by the Board 14 of Supervisors on July 12, 2005. As a result of the County's disparate application of an 15 inapplicable noise standard to the Club's proposed activities, a defective EIR has been certified, 16 the Club has been harmed, and their land use permit has been improperly denied. 17 Additional Facts Regarding Discriminatory Treatment of the Club's Permit versus Others Similarly Situated 18 In November 2004, Tom Smith and Tom Anderson, owners of the adjacent quarry 19 (County File .4 LP962046) requested a modification of the land use permit for their quarry 20 operations. Of note is that Club's property was part of this exact same quarry until it was 21 purchased by the Club in September 1999. Nonetheless, rather than requiring any environmental 22 review of the quarry property for modification of the quarry's permit(less than one month after 23 circulating the Club's Recirculated EIR regarding the endangered CTS), the County instead 24 adopted the Initial Study and associated Negative Declaration that had been prepared for the 25 Quarry(ostensibly including the Club's property) in 1996. 26 In its November 2004 staff report, the County stated that"an Initial Study was prepared [in 27 1996] that did not identify any potentially-significant impacts..." and "[d]ue to the disturbance of 28 4 GOVERNMENT CLAIM 01/16/2006 17:07 FAX 562 216 4445 TRUTANICH-MICHEL, LLP Z007 1 the lands in the quarry, the findings of the previous [1996] Initial Study and Negative Declaration 2 of Environmental Significance remain operative." Therefore, rather than rely on a newly 3 completed comprehensive EIR for the exact same former quarry site in which endangered species 4 were allegedly found, the County instead, chose to rely on an eight year old Initial Study and 5 granted the Quarry's permit application. 6 In February 2005, the Quarry again applied for extension of a land use permit; this time to 7 expand their quarry operations from 7.9 acres to 13.5 acres, an addition to the quarry of 5.6 8 acres. The purpose of the expanded permit application was to allow the Quarry operators (FTG) 9 to mine a previously undisturbed hill that remained between the Quarry and the Club's property. 10 The Notice of Public Hearing published by the County for the quarry permit application contained 11 the following paragraph: 12 For purposes of compliance with the provisions of the California Environmental Quality ACT (CEQA), a Negative Declaration of 13 Environmental Significance (no Environmental Impact Report required)has been issued for this project. (Emphasis added.) 14 15 The Quarry's permit application was approved on June 6, 2005. Thus, based on the 16 Quarry's 1996 Initial Study that included the Club's property, the County made a finding that 17 mining of`;.6 acres of undisturbed land between the Quarry and the Club would have no 18 significant impact on the environment and on that basis, adopted a Negative Declaration and 19 approved the Quarry's mining expansion permit. 20 Although, one could ostensibly argue that the County Zoning Commission did not know 21 that the County Commissioners were involved in a comprehensive EIR of the Club's adjacent 22 property and that a supplemental EIR prepared for the Club's property had reported an alleged 23 discovery of an endangered species, this is simply not the case here. In fact, the Agency 24 Comment Request that was sent out by the Contra Costa County Community Development 25 Department to other agencies for comments on the Quarry permit expansion application was 26 prepared acid signed by County Planner Darwin Myers - the same County Planner who had been 27 in charge c f the Club's environmental review process for the past six years, including 28 preparatio;i of the supplemental EIR. As further evidence of discrimination against the Club, the 5 GOVERNMENT CLAIM 01/16/2006 17:08 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 0 008 1 California Department of Fish and Game and the US Fish and Wildlife Service (both of whom 2 had been hoavily involved in the Club's ETR and the conditions of approval requiring the Club to 3 construct extensive ponds as mitigation for the alleged CTS habitat) were not even notified or 4 asked to comment on the Quarry's expansion permit application, even though the Quarry's 5 expanded cperations created significantly greater disturbance of undisturbed land than any of the 6 activities proposed by the Club. 7 In the process of mining the intervening hill,not only did the quarry disturb previously 8 undisturbed land, but their overburden fell onto the Club's property in the exact location of the 9 "pond" (i.e., mud puddle) where the CTS larvae had allegedly been"discovered" by the County's 10 biologist over two years before the Quarry's latest permit application, potentially harming any 11 CTS that may have been present and/or destroying critical habitat that the Club was being 12 singularly required to preserve. Furthermore, after approving the Quarry's permit to remove the 13 hill separating them from the Club, the County cited removal of the hill as a reason to disallow the 14 Club's pennit, claiming possible safety issues could result because of the Quarry's removal of the 15 natural buffer between the two properties. 16 As another example of the discriminate manner in which the Club has been treated, 17 another adjacent property, owned by Terry Cook, houses a construction equipment storage yard. 18 Although this use is not compatible with unpermitted uses of agriculturally zoned lazed, Mr. Cook 19 has been allowed to maintain this construction equipment storage yard without obtaining any land 20 use permit:, or conducting any environmental review, even though this is the type of business for 21 which a land use permit would otherwise be required. 22 Further,between the time the Club's permit application was deemed complete in 23 September 1999 and denial of the Club's permit on July 12, 2005, numerous building permits 24 have been issued for adjacent properties including grading permits for construction of residential 25 driveways and building pads, and building permits for construction of numerous homes, garages 26 and outbuildings. To the Club's knowledge, not one of these adjacent properties has been 27 required to conduct any enviromnental review, survey, or mitigation for the endangered CTS that 28 was allegedly"discovered"on the Club's immediately adjacent property. 6 GOVERNMENT CLAIM 01/16/2006 17:08 FAX 562 216 4445 TRUTANICH-MICHEL, LLP Q009 1 The Club has been singled out and required to undergo an exhaustive environmental 2 review process,while the surrounding property owners have escaped this requirement,when some 3 of their activities have been far more intrusive on the environment than any construction or 4 activities the Club has proposed. As a result of this singular and disparate treatment, the Club has 5 been harmed and their land use permit has been improperly denied. 6 Additional Facts Regarding Unfair Process and Conflict of Interest 7 Rick Kendrick is a homeowner at Parcel AP4003-030-025 on Silver Hills Drive. He is a 8 member of Appellant Silver Hills Homeowners Association, and an outspoken opponent of the 9 Club's Project. Since becoming an appellant to the Club's pen-nit application, Mr. Kendrick has 10 been appoi:lted as a member of the Byron MAC, on which he currently serves as an appointed 11 County Official. 12 As a result of his status as an Appellant on this Project, Mr. Kendrick was absolutely 13 prohibited from voting on or engaging in any Byron MAC decisions or actions concerning this 14 Project uncler the County's own Conflict of Interest regulations. Despite this prohibition, at the 15 September 16, 2004 Byron City Council meeting, Councilman Kendrick stated"he never 16 expected the Gun Club to actually be built." He then presented a letter to the Byron MAC that he 17 and his wife had sent to the County Project Planner citing concerns about the Project, after which 18 he indicated"he is looking for the Council to represent the property owners on this issue." 19 Mr. Kendrick then attempted to second a motion to oppose the project and proceeded to 20 vote on the matter as a member of the Byron MAC, but was forced to abstain by other council 21 members. As a result of Mr. Kendrick's improper solicitation, the Byron MAC completely 22 reversed it,position and agreed to write a letter to the County opposing the Club's project- 23 despite the fact that the Byron MAC had previously submitted two letters of overwhelming 24 support to the County regarding the Club's relocation to their 4280 Camino Diablo site. The 25 Byron MAC's opposition letter was presented to the Board in the April 26, 2005 Staff Report and 26 Recommendations and was given great weight by the Board as evidence of significant public 27 agency opposition in their decision to deny the Club's permit. 28 Mr, Kendrick then used his position to solicit opposition to the Club's Project from the 7 GOVERNMENT CLAIM 01/16/2006 17:08 FAX 562 216 4445 TRUTANICH-MICHEL. LLP C7J010 1 Town of Discovery Bay during its February 16, 2005 Board of Directors meeting. The discussion 2 of the Breirwood Rod and Gun Club was led by the Town of Discovery Bay Vice President 3 David Piep)Zo. Coincidentally, Mr. Piepho is the spouse of Contra Costa County District III 4 Supervisor Mary Piepho, who is both the Vice Chair on the State Route 4 Bypass Authority that 5 forced the Club off its former property, as well as the Supervisor for the district in which the 6 Club's new Site lies, and who ultimately made the motion to deny the Club's permit application. 7 At this meeting, Mr. Kendrick indicated that he was a member of the Byron MAC and that 8 the Byron AIAC had requested the Town of Discovery Bay's opposition to this Project. Mr. . 9 Kendrick's assertions were both erroneous and misleading, as the Byron MAC never discussed or 10 requested opposition to this Project from any other municipality in any noticed or recorded 11 meeting. Additionally, although Mr. Kendrick mentioned that he was a homeowner in the vicinity 12 of the Project and a member of the Byron MAC, he failed to mention that he was also one of the 13 Appellants opposing this Project, even when the appeal was discussed. 14 Der;pite the apparent conflict of interest between County Supervisor Piepho and 15 Discovery Bay's Vice President Piepho with respect to this matter,Mr. Piepho led the discussion 16 at the Town of Discovery Bay meeting and personally made the motion to support the Byron 17 MAC, as requested by Mr. Kendrick, which was then approved by the Town Council. As a result 18 of Mr. Kendrick's active solicitation of opposition for the Club's project, and his erroneous 19 assertion that the Byron MAC's position with respect to the project, the Town of Discovery Bay 20 wrote a letter opposing the Project which was presented to the Board in the April 26, 2005 Staff 21 Report and Recommendations. This letter, along with the letter of opposition from the Byron 22 MAC, was given great weight by the Board as evidence of significant public agency opposition to 23 this project. 24 The Club alleges that Mr. Kendrick's actions were performed in direct conflict with 25 Contra Costa's Conflict of Interest policies. Additionally, the Contra Costa Board of Supervisors 26 has adopted a Policy(Resolution.No. 2002/376) for Board Appointees (such as Kendrick) 27 concerning Conflict of Interest & Open Meetings. This Policy requires Board Appointees to 28 adhere to the principles and rules of the Political Reform Act of 1974 (Government Code §§ 8 GOVERNMENT CLAIM 01/16/2006 17:09 FAX 562 216 4445 TRUTANICH-MICHEL; LLP 0 011 1'9 1 81000 et seal.). The Club alleges that Mr. Kendrick's actions also constituted a violation of that 2 Act. 3 The weight the County gave to the opposition of the Byron MAC and the Town of 4 Discovery Fay is evidenced in the opening pages of the Staff Report prepared prior to the Board's 5 April 16, 2005 hearing. As a result of Mr. Kendrick's abuse of his authority to improperly 6 influence and solicit bias against the Club's permit application from surrounding municipalities, 7 the Board was presented with information which gave the appearance of independent and 8 significant opposition to the Club's project by nearby communities. Mr. Kendrick's abuses 9 contributed substantially to the unfair hearing and denial of the Club's permit application. The 10 impact of Mr. Kendrick's actions became apparent during the April 16 hearing, when, during 11 County Planner Catherine Kutsuris' oral presentation of the Staff Report to the Board, she pointed 12 out the recent change in position of these former Club supporters to the Board, and there was a 13 substantial discussion of the meaning of these changed positions. Additionally, the Appellant's 14 attorney, Mr. David Trotter, expounded on these reversals of position, stating that opposition of 15 the Club had now been presented from opposing groups in all four directions of the Club's 16 property(on;being the opposing landowners including Kendrick, another the Town of Discovery 17 Bay, and a third being the Byron MAC). Before Mr. Trotter finished his argument, he was 18 interrupted by Supervisor Piepho, who said "I want to, I'm going to support the motion [to deny 19 the permit]." Before she was finished speaking, two County Supervisors had volunteered to 20 second the motion. 21 Mr. !Kendrick's improper acts in his official capacity improperly created bias against 22 toward the Club's project where none previously existed. As a result of Mr. Kendrick's improper 23 acts, the Club has been harmed and their permit application has been improperly denied. 24 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 25 26 See above description of facts. 5. What are the names of district officers, servants, or employees causing the damage or 27 injury? 28 9 GOVERNMENT CLAIM 01/16/2006 17:09 FAX 562 216 4445 TRUrANICH-MICHEL. LLP 0 012 1 Mary Piepho, District III Supervisor, the entire Board of Supervisors, and Rick Kendrick of 2 the Byron MAC. 3 4 6. What damages or injuries do you claim? (Give the full extent of injuries or damages 5 claimed.) 6 The Club seeks damages and/or civil penalties in excess of$1,700,000 resulting from the 7 County's and/or its employees' violation of the Club's state and federal civil rights to due process 8 and equal protection under the provisions of the Fourteenth Amendment; acts of the county 9 constituting a regulatory taking under the Fifth and Fourteenth Amendments of the United States 10 Constitution;, as well as state law theories including breach of fiduciary duty; breach of covenant 11 12 of good faith and fair dealing; equitable estoppel; promissory estoppel; negligence; conspiracy; 13 interference with prospective economic business advantage; intentional misrepresentation, 14 common law fraud; violation of conflict of interest laws, Violation of Political Reform Act of 15 1974, and violation of the California Environmental Quality Act (CEQA), Public Resources Code 16 Section 21167, 21168, et al. Finally, the Club will seek recovery of litigation costs, including 17 18 reasonable attorneys' fees. 19 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 20 21 The Club's estimate are based on a preliminary investigation of the Club's expenditures and 22 costs related 1 o procurement of its property and processing of its land use permit application from 23 1999 through 2005, including, but not limited to: lost club membership dues; the fair market 24 value of its property as well as costs for property taxes and property liability insurance; costs paid 25 for preparation of environmental, biological and/or engineering studies; direct reimbursement by 26 the Club of the County's costs of processing of the Club's permit application; attorneys fees; and 27 28 costs for equipment purchases and/or maintenance of the Club's property during the six year delay 10 GOVERNMENT CLAIM 01/16/2006 17:09 FAX 562 216 4445 TRUTANICH-MICHEL, LLP (MO13 1 in processing the Club's permit application. The damages included herein are estimated through 2 2005 and do not include prospective damages for continued losses or expenditures associated with 3 this claim beyond December 31, 2005. The amount of damages claimed in this form may change 4 5 based on further investigation and/or verification or time passed. This claim will constitute an 6 unlimited civil case. 7 8. Names and addresses of witnesses, doctors, and hospitals: 8 Not Applicable. s 9. List of expenditures you made on account of this accident or injury. 10 Not Applicable. 11 12 SEND NOTICES TO: Gov. Code Sec. 910.2 provides "The claim shall Trutanich Michel, LLP be signed by the claimant or by some person on 13 1081 E. Ocean Blvd., Suite 200 his behalf:" 14 Long Beach, CA 90802 15 � . 1 S. McRoberts, Atto ey for Claimant 16 Brentwood Rod & Gun Club 17 18 19 20 21 22 23 24 25 26 27 28 11 GOVERNMENT CLAIM 01/16/2006 17:10 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 1x014 1 2 PUBLIC RECORDS NOTICE: 3 Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. ( Gov. Code §§ 4 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. 5 6 NOTICE: 7 Section 72 of the Penal Code provides: 8 Every person who, with intent to defraud, presents for allowance or for payment to any state board 9 or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim,bill , account voucher, or writing, is punishable either by 10 imprisonniont in the county jail for a period of not more than one year,by a find of not exceeding `' 11 one thouswid dollars ($1,000.00), or by both such imprisonment and find, or by imprisonment in the state pr-son, by a fine of not exceeding ten thousand dollars ($10,000), or by both such 12 imprisonniont and fine. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 GOVERNMENT CLAIM 01/16/2006 17:10 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 1@015 1 PROOF OF SERVICE 2 STATE OF CALIFORNIA 3 COUNTY OF LOS ANGELES I, Y �1llt!r l;am employed in the County of Los Angeles, California. I am 5 over the age eighteen (18) years and am not a party to the within action. My business address is 6 180 East Ocean Blvd., Suite 200, Long Beach, CA 90802. On January 16, 2006, I served the foregoing document(s) described as, 7 GOVERNMENT CLAIM on the interested parties in this action by placing 8 ( ) the original ( } a true and correct copy 9 thereof enclosed in sealed envelope(s) addressed as follows: 10 Emy L. Sharp Deputy Clerk of the Board 11 Contra Costa.County Board of Supervisors Contra Costa.County 12 651 Pine Street 13 Martinez, CA 94553 14 Thomas Geiger, Deputy County Counsel Office of County Counsel 15 County of Centra Costa 16 651 Pine Street, 9`h Floor Martinez, CA,94553-1229 17 18 XX (BY A2AU As follows: I am "readily familiar" with the firm's practice of collection and proce,;sing correspondence for mailing. Under the practice it would be deposited with the 19 U.S. Postal Service on that same day with postage thereon fully prepaid at Long Beach, California, in the ordinary course of business. I am aware that on motion of the party 20 served, service is presumed invalid if postal cancellation date is more than one day after 21 date of deposit for mailing an affidavit. 22 Executed on January 16, 2006, at Long Beach, California. 23 Execut(;d on January _, 2006, at Long Beach, California. 24 (STAT,'I ) I declare under penalty of perjury under the laws of the State of California that 25 the foregoing is true and correct. 26 27 DENISE SMITH 28 13 GOVERNMENT CLAIM 562 216 4445 '01/1672006 17:02 FAX 562 216 4445 TRUTANICH-MICHEL, LLP Q001 C 1RMHN A.TRUTnn u-H OF COUNSEL: C.D.NLCH Li. ti•` JOHN F.MACH'rJNm LOS ANGELES,CA LOS ANGELES,CA GLENN S.MCROHERTS T T A DON B.IG1'1'ES SAN DIEGO,CA URI ILT,L!<'�Ir,1 ��ti+�.•.; +f #a�F .. a,.. e - " fin-rm-� SAN FRANCISCO,CA t t is r n e y s A t L a w LOS ANGELES - SAN DIEGO MARK K.BENENSON Writer's Direct Contact: NEw Yo Rv'N.Y. Kiln Taylor (562)216-4479 DAVID T.HARDY T UCSON,AZ FAX TRANSMITTAL SHEET TO: Emy Sharp FAX NO: (925) 335-1913 TEL. NO: (9252) 235-1903 FROM: Kim Taylor DATE: January 16, 2006 RE: Brentwood Rod and Gun Club - Government Claim THIS FAX CONTAINS COVER PAGE PLUS 6 PAGES. IF YOU DO NOT RECEIVE ALL°PAGES PLEASE CONTACT Kim AT(619) 297-0770. THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED,AND MAY CONTAIN INFORMATION THAT IS PRIVILEGED,CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSAGE IS NOT THE INTENDED RECIPIENT,OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE'/'O THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY REVIEW,DISSEMINATION, DISTRIBUTION OR COPYING 13F THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS BELOW VIP,THE U.S.POSTAL SERVICE. THANK YOU. 180 E.Ocean Avenue,Suite 200•Long Beach,CA 90802 •Tel: (562)216-4444•Fax: (562)216-4445 www.t-mlawyers.com 562 216 4445 01/16%2006 17:06 FAX 562 216 4445 TRUTANICH-MICHEL, LLP 1001 CAMNeN A.TItUTANIC;I-1 C.D MICHRL OF COUNSEL: LJOHN F.MACHTINGF-R OS ANGELES,CA Dtu LOS ANGELES,CA GLENN S.MCR0I9ERT5 SAN DIEGO,CA i i r i'i AI DON B.fGl't7sS SAN FRANCISCO,CA y A t t t; r n e s A t a SAN 1 LOS ANGELES - SAN DIEGO 2006 CLERKg �RKK.BE ENSOIN Writer's Direct Contact: OARS OF SUP. Nsw Kim Taylor CONT Rq ERV)SO Dnviu T.HARDY(562)2I6-4479 COSTA CO RS TucsoN,AZ FAX TRANSMITTAL SHEET TO: Emy Sharp FAX NO: (925) 335-1913 TEL. NO: (9252) 335-1903 FROM: Kim Taylor DATE: January 16, 2006 RE: Brentwood Rod and Gun Club - Government Claim THIS FAX CONTAINS COVER PAGE PLUS 6 PAGES. IF YOU DO NOT RECEIVE ALL PAGES PLEASE CONTACT Kim AT (619) 297-0770. THIS MESSAGE IS INTENDED FOR THE USE OF THE INDIVIDUAL OR ENTITY TO WHICH IT IS ADDRESSED,AND MAY CONTAIN INFORMATION TH AT IS PRIVILEGED,CONFIDENTIAL AND EXEMPT FROM DISCLOSURE UNDER APPLICABLE LAW. IF THE READER OF THIS MESSjtGE IS NOT THE INTENDED RECIPIENT,OR THE EMPLOYEE OR AGENT RESPONSIBLE FOR DELIVERING THE MESSAGE TO THE INTENDED RECIPIENT,YOU ARE HEREBY NOTIFIED THAT ANY REVIEW,DISSEMINATION, DISTRIBUTION OR COPYING OF THIS COMMUNICATION IS STRICTLY PROHIBITED. IF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROE,PLEASE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORIGINAL MESSAGE TO US AT THE ADDRESS BELOW VIA THE U.S.POSTAL SERVICE. THANK YOU. 180 E.Ocean Avenue,Suite 200-Long Beach,CA 90802 -Tel: (562) 216-4444-Fax: (562)216-4445 www.t-mlawyers.com 01/16/2006 17:06 FAX 562 216 4445 TRUTANICH-11IICHEL, LLP 0 002 CARMEN A.TRUTANICH OF COUNSEL: C.D.MICHEL JOHN F.MACHTfNGE.R LOS ANGELES,CA LOS ANGELES,CA GLENN,S.NICROBLRTs E SAN DIEGO,CA �I LLP DON 4,KA'I'Bs A t t r n. e y s A t L a w RECEIVEd RnriCt5cO,CA LOS ANGELES - SAN DIEGO Ih -K.BENENSON /�^� y �/ EW YORK,N.Y. Glcnn S.McRoberts - J/"11 V 1 1 Z(�(�L+ (019)297•077n 006 AVIu•r.MARor 00 banaobcrtcl It t-mL'iwycrs,corn TUCSON,AZ CLERK BOARD OF SUPERVISORS January,Yi', 2006 CONTRA COSTA CO. Emy L. Sharp Deputy Clerk of the Board Contra Costa County Board of Supervisors Contra Costa County 651 Pine Street Martinez, CA 94553 Re: Brentwood Rod and Gun Club, County File#LP992027 Dear Ms. Sharp and Mornbers of the Board: Enclosed please find a Government Claim from Brentwood Rod and Gun Club. If you have any questions, please contact Glenn S. McRoberts at (562) 216-4442. Very truly yours, TRUTANICH •MICHEL, LLP By: (?"ta"s-, w�� Gl S. McRoberts GSM:klt Enc: cc. Thomas Geiger, Deputy County Counsel 180 E.Ocean Boulevard,Suite 200•Long Beach,CA 90802•Tel:(562)216-4444•Fax:(562)216-4445 www.tml lP.cOM 41/181'446 WED 10:04 FAX 5148x5451 ADS 0ARLAND ---- ROSEYtT RONALD ZQ02/015 01,111/2006 1-3:31 FkX 562 210 4445 UEUTANICH-UICHEL, IAX Quo,, GVJCN A.T;i-,:wq!r.H C.17.EULu;U.. P OF COUNSEL: Lw knq;ELAS�CA J�HN F.wn-rpr4rU WAAW(Iina%CA w1milin, SAN DIEGO,CA T, '%qWAt SAN PMW09(A CA A tt Q! Tn e y s 1 a' 1,03 A:q0U)L&w 84AN btVal; 16jw r-IYNWON Glenn ti.hkit�be+ts ,61 U1 2,Till71 I'VeSON;AZ January 11,2006 Fray L. Shaip RECE111FI) Deputy Clerk of the Board Coiatra Costa Cminty Board of Supervisors JAN 1 8 2006 Contra Costa County 651 Fine Street CIERK�OARDOFS ,pVS R'S -Martinez, CA 94553 CONTRACOS Co. .0 RE: Brmtwood Rod aj--id G=CIO,County Fide#LP992(a2-/ Dear Ms. Shaip and Menbem of the Board: Enclosed please find a C3Qvermnent Claim from Brentwood R4od and Gun Club. If you have any questions,please contact Glenn S. Mckobers at(562)216-4442, Very+xuly yours, TRUTANICH-NUCHEL,LLP BY'CW' nA AM T S. -McRoberLs Sy e . cc. Thomas Geiger,Depay County Counsel a /'- O/A rr.) -;K apy2VIr, -117k 7 7% - VP7 180 Or—Rriljlcv�td,Suita 2W-Lvngf3cach,CA V�-802-Tcf;'562)2)5-4444 F=(561.)21644,45 101/18/2006 WED 10!04 FAX 510535951Q ADS OAKLAND -i- POT4ERT RONALD ZC03/015 0111112006 13AI FAX 532 216 4445 TRUTANNE.-HrCHEL, LLP 00,3 cc. Thomas Geiger,Deputy County Cuunsd Office of county Counsel Cotmty of Coptra CoAa 651 Pine Stt�,, 91 Floor Martinez, CA 94553-1229 CcDPFDosktop\:-ODNW.MHODMA/TMA.NIAGEI.luteiwover,;728"34;1 18015.0"-or e0u:e'viml,Suite 200 Long Reach,CA 90602•Ttfl;(562):1'-U44 FMC C562)216-40 ,yw%v lwiIpxv-r. 0111612006 13:04 FAA 5103350510 AUS ONKLAND --- ROBERT RONA�,_Z, 13:31 PAX 582 2A6 4445 1CQQ4/v15 M I I CHEL, UP Z004 GOVEANNIMNYT CLAM 2 PUS:CLAIM BY: 3 BRENTWOOD ROD AND GUN CLUB, INC. a Califixaia Non-Profit Corporation, 4 AGAINST 5 The C0IJNYY OF CONTRA COSTA,a 6 municipality. and the COUNTY OF CONTRA COSTA'-BOARD OF 7 SUTERVTESORS 8 9 Themda- siped claimmt he:eby ru&kes A claim mains:the,County of Contra Costa and tbv� 10 Couuty of Contra Costa Board of Supervisors in the sum of approximately$1,1, }0,000 and iu 11 support of this claim represents as follows: 12 1. When did the damage or Injury accar? is The daniage or injury occurred on a continuiag,basis between September 1999 the present, 14 2. Where did the damage or Injury otcwy? 15 The.damage or irn ury occurred in associaUon with the property kmolxn as#280 Camino 16 Diablo,Byron, CA in the County of Contra Costa,California. 17 3. How did the dan&age or injury occur? 18 The damage or injury occurred as a result of The County's abuse of the envirotur.ental 19 revi"i process and improper denial of a land use permit submitted by the Br=twocd Rod and 20 Gun Club(Club)to relocale its shooting range to-4280 Camino Diablo,Byron, Califomia. '11,a 21 I County wielded its power as a member of the State Route 4 Bypass Authority to put the 22 11rerimood Rod and Gun Club out of business at its former location and then inappropriately used 23 the environmental review-process as a means to delay and obstruct the ripening of the Club's 24 iecxcatiortal shoof n.g range at its new location. Tim unlawful actions of several county of oialA M Lbroughout this process,and the bias and discriminationwhif,-h,the C10 IUW been shown has 26 deprived,the Club of due process and:has uMnatclyresulted in aregulatory taking ofth. Club's 27 prorcity without compensation, all for ro other lawfull rea&)u Than.for Contra Costa Counq,to rid 28 itself of an unwanted Gun Club as a result of its demonstrated bias against guns and legitimate I GOVERNMENT CL PAX 05:4 ASS OjiL7 '2C1?B 1 ;51 %KLAND --- R013 ERT RCINA:,I) 216 4445 LLP to i5 ui5 Laos I tllin-related recreational activities and businesses, The facts giving itse to thisclaiin are recited 2 below: 3 The State Route 4 BypassA-4iorit),(Nvbich conksts of Contra Costa County and the 4 Cities of-Azdoch and Brentwood),dmatoned a(xmden:iriation action against the Club's former 5 property at 31 Concord Avenue,Brentwood,Cadiforxiia,where they kad opeTated for nearly 50 j 6 years in Order to coxistrucA a state highway bypass. In 1999,-tinder duress,the Club sold its former 7 property to the State-Route 4 Bypass Autboyity and purchased a variant pliecc of land at-41-80 8 Camino Diablo in the raal Byron area of Contra Co&,F.Co,,Intywith an identical zoning 9 desiguatior,for relocation of the Club's facilities. 10 The new site consisted of a 39 acre former quwy,`Ynotozro-ss area at the buttoin of a steep 11 walled canyon in an area zoned for heavy agaculture(designation A-3)and surrounded by 12 existing sand qua-rics,a xnotooros3 facility,a construction equipment storage yard,=developable 13 open space owned by the Conga C"Osta Water District,aad four tizideveloped adjacent 1 O-wxe 14 ranch,-tte parcels located at the--op of a 250-300 foot high quarried hillside adjacent to the Club's 15 property totmdaxy, The A-3.zzoning designation, "on-sistont With the County's General plaI4 16 allows foi,conmixtion of outdoor recreation,4 facilities with a land use permit. In April 1999,the I 17 Club applied for such a land asp,permit for relooation of the Club's:fiu4ilities to the new site. in 18 Septeinbix 1999,the Clalbsapplicatior,fax a land use permit lbr reiocation of its facilities was 19 deemed comp4:'Le by the County&nd,not amici-paling any further probiew-,with obtainirig it; 20 permit, f.nalized fhe purchase of the,new site at#2,SO Camino Diablo, 21 After the County conducied noise and biological studizs and prepared an Initial Study 22 pursuant to the;California.Enviroc nvntal Quality Act,(CFQ)A),in March 2000 a Mitigated 23 Negativ,-,Der! then was adopted anal the project was approved by Contra Costa County's Fiitst 24 County A harkdAd ot'pTopextyowners appealed the decision, 25 citing aulety and noise coucems, 26 In December 2000,aAer conducting additional noose and biological sludi.-s,aig hiring of V a Giif6ty design consultant who wadesome imont-nmidations fQr xnodi&ation of the Club's 2Z propos,:d design, the Comity issued a Revised Initial StudyNitigated Negative Dw1aration and 2 GOVERNMEM.17 CLAW 4Lli$lr444i ti`k;L` r.pt p6 FAX 514V350ZIQ ADS RQSLRT RQ14ALD FA-X 582 216 4445 Tz?ulw, , �Qw as V, LLp 006 once again reconuatuded appioval of the,Projwt, The Chub modified its plans consistent with the recommendatio-as of the safety knee.:E.,nd met with adjacent property ownerg to dispel its 4 Due to continued public Opposition.-regarding wise,safety, and newly raised potential 5 groundwatec contarfiiaaiionlssuos,in Decenibt-,r 2001,the County dutexTninod that prcpaxafiori cal` 6 a"focused"Environmental hnpact RTon(EIR),which would focus on the areas of oeise,safety 7 and potential groundwater conw.-aination,was required, In December 2002),a"comprehensive" 8 DraftER i.which was anyt.Uig.-but focused)containing further noise,safety,biological, and other 9 studies(all perfonned at the Club's expense)was issued, 10 Afe.-auunexplainad 1-112 year delay,in August 2004,the County issued a Recirculated I I EIR. The purpose of the Recirculated FIR was to address the presence of a newly listed federally 12 threatened species, the Califorma Tiger Salamander(CTS),whi-eb had allegedly beer, 13 "discovered"at thr.-site by the CowA)"s biological consultant during yet anoCaer biological survey 14 of the Site which was apparently directed and authorized by the County in Match 2003(despite, 15 the fact tht folic prior biological surveys by two different biologists had found no such species and 16 had dtcl:�xed the site to be unsuitable habitat). ,Although.the Club's Treasurer,Mr, Terry Dicker 17 wa.3.standiug next to the County's biulogist during this alleged CTS "discovery,"he was-not IS al cawed to see the alleged"CTS"even though be asked oxice to see what had been allegedly 19 found by the County's biologist. No report,photographs, field notes,or other evidence of this 20 alleged CTS "discovery"has ever been produced by the County"s biologist, Nonetheless,as as 21 result of the allered CTS "discovery,"the County,aftur requesting input from.the California 22 Dcpartzmtmt of Fish aad Game and the United States Fish and Wildlife Service,iuTosed onerous 23 condWons on the Clubflbr miugation of the salam&ader habitat that would have-,ust tiro Club ?A handr(As of thousands of dollars to irnplt!ment,j-.1cluding construction of an engineered CTS 25 habilai pond. 28 Fwther,the Fixial BIR,which was issued in November 2NA, erroneously can--Iu&zd that 27 the P)aj cet would have a significant&-id unavoidable not impact because the Club's proposed activities,could oxceod a noise"Perception criterion"standard that made it a violation for CIO VERNWwN-7, CLAB4 4g V0 A raw we 1.3,32 FAX 562216 4445 _TXUTAN1CB-,VJc11E1_ LLP 10J 007 Mshot noises U)exceed 5 decibels above aMbimlevel-;. I'ni&new'*Perceptiou cz-iterlore' 2 standard was introduced for the first time ever in Contra Costa Courty in the(7,11"Ib's EX and was 3 apparently to be applied exclusively to the Clu6. Although.it was inconsistent with the 4 applicable noise standards identified by the Coulitj's origipal noise consultant(from the County's 5 GellerA Plan), the County and its coxisultauts claimed that this stringent"perception criterion" 6 should be appliedtothe Club's Project allegecLiy due to the giartling effect and the perceived 7 danger associated with Mshot noise. 8 In April 2005,six Gears aji-er the Club'spermit appiicatio7i waxfited,to the Clabt.s 9 colliplet-V sczprise, the County rnade findings,of a significant and unavoidable noise impact based 10 solely on the application of the novel.uoise"perception critenon"and announced its intent to deny It the,Chib's permit applicatioa,contrary to all of its previus staff recommendations and findings 12 recowunen(fing approval of the Project wirb conditions. 13 The EIR was certiflu-d and the Club's land use pera-At application was denied by be loan! 14 of Supor/itors on July 12,2005. As a result of the County's disparate application of as 15 inapplicable noise standam'to the Club's proposed activities,a defective EM has been certified, 16 the Club bas been harmed, and their land use permit has been improperly denied. 17 AddiOonal Facts Regarding Discrinihxatary Treatmaut of the Club's Perinit versos Others similarly sftated 16 In November 2W4,Tom Smith and Tom Andersen,owners of the adjacent,quarry } y 20 (County File 9 LP962046)request,d amodiflcation Qf tlx land use permit for their quWry 21 operations. Of not*is that Club's property was part of thio exact same quarry until it was purchased by the Club in September 1999. Nonetheless,rather than requiring any environmental 22 . - 1 23 review o'"the quarry property for modificatioa of the quarry's permit(less than one mouth after 24 circulatijig the Club's Recirculated EIR regarding the endmigered CTS),the County instead 25 adopted tbelnitial Study and associated Negative Declaration that had beim prepared far the 26 Quam(ostensibly including the Club's property)in 1996, V In its-Nov4rabor 2004 staff raport, the County stated that`'an Jnitial Study was prepared[ir. 28 996] rhal did not id tiff any potentially-sign heart impacts- "and"j.dj'ue to the disturbance of 4 CLAIM =vv" set;U I; 21 07 PAX '10"5051C Ar'S OAKLAND — ROBERT RONA:,u 13:32 FAX 6 216 4445 TRUTAINICH-MICHEL, LLP _LALJL�2 I The JaAs in the quarry,the findings of the previous [1,996J Initial Study and Negative.Declaration 2 of EavironmerW Significance rc=in operative." There&,ro,rather than rely ou a newly 3 compleled Comprehensive,BlRfar the exact same fbr—mer,4uw-zry she in which 0n&ngCTed spe,;.zes 4 were allegedly foumd,the County instmd, chose to rely on an eight year old bidal Study arA 5 granted the Quarry's p(--t=t applicatima. is In February 2005,the Quarry agaiD applied fox e'Xionli.0A of z land use,ptmit;this tirleto 7 expand their quarry operaijons, from 7.9 acres W It 3.5 acros,tin addition to the quany q,'5.6 8 acres. 'ilic pmpose,of the.expanded permit application was to allow the Quarry operators 7713) 9 to mine a pti.Tioux�y undislarbed h;J1 that raonalned between the Quarry and the Club!,.7property. 10 The Notice c f Public hearing publishett by the Counrfor the quarry pemift appLicaton contained 11 the fol I owiu.3 paragraph: 12 Pat purposes of compliance with the provisions of the California. Davirozaaan U- Qualay-AL"'T(CEQA), a Negative Declaration of 43 w1ronp-ental Impac.,Report required)has been issued for this prqjec-,. (Amphasis added) 14 is The'Quzirry's pemift ap plicarian was approved on1une 6, 2005. Thus, ba&;dcin the 18 Quarry's 1996 hi tial Study-hat included the Clint xprqperz!y, the County made a finding that 17 znir�ng of 5.6 ac ras of undisturbed land between the Quarry and the Club would have no 18 significant impact on the envirornment and on Ithat bass,adopted a Negative DeJaration and 10 approved the Quarry's mixing c��Lpaosion permit, 20 Ale.kough, one could estNusibly argim ilaw.,the County Zoning Commission did ixot know 21 that the CoimtyCor,=issioriers vier-,wvolvod in a conipreehcnsive EIR of the Cltib's adjacent 22 pioperty and that:a supplwimtal E!Rpre, amd Air the Club's property hadrVwied au alleged 23 diswvery cf an endangered specics,this is simply not the case hero. in fact,the Agcney 24 Comment kaq=iit that war,sent out by the Contra Costa Couuty Community Development 25 Department to ether ag=cie8 for corm Gents on the Quarry permit expansion application was 26 prepared and signed by County Planner Darwixi Myers- the sarne Couyz4v Xawwr who had bc,,n V in charge.,(Y-1he Club's envirownentai review process fo;-thepast six yeays., tlrciuding 28 preparation ofthe suppkinentall7W. As Rather evidence of discrffnivabaa against the Oulu,the 5 GO V E KN.M E NT CL A T-M v"I;18/2448 WED IQ: p$ PAX 5108354514 ADS OAR'-'.AND ---+ ROBHIti R�Ot3A:.,D ' ly"•iJ V7 7 1 y.t 5 QlilIi2O06 13:33 FAX 562 216 4445 TRUTAhICU-YfciwL. LLP CxbG.9 I C'al:iforLia Doi-sartrrnernt of fish and Game and the US Fish and Wildlife Service,sloth of tinhorn 2 had been hea,ily involved in the Club's EIR and the eonditiowof approval requiring the Clan to 3 construct extensive ponds as mitigation for the alleged CTS habitat)ware not even notified or 4 aAed to coiruricat on the Quarry's expanisior_permit application, even thavgh the Quarry's i 5 expasad.ed aperatiwis created significantly greater disturbaace of undisturbed land than any of the 6 activities proposed by the Club, 7 to the praacess of mining the intu-vening hill,riot only did the quarry disturb previously 8 utndisturbed hanci,but their overburden felt onto the Club's property in the exact location of the 9 "pond"(i.e.,wud puddle)whexo the C'T.5 larvae had 4egedly beet."diracove red"Er,:-the County's 10 1,biologist over two years before the Quarry's Iatest permit application,potentially Harming any 11 CTS that may have berm,present and/or de&oyirng critical habitat that the Club was being , 12 singularly required to preserve, Fardiermore, after approving-the Quarry`s permit to remove the � I� 13 II! bill separating thetri from the Club,the Cowity cited removal of the mill as a reason to disallow the 14 i Club's perrrnil:, claiming possible sa.faly issues could result because of'the Quarry's removal of the 15 natural buff,I-between the two properties. i 16 As another example of the discriminate manner in wbi.ch the Club has been+seated„ 17 another adjacent property,owned any Terry Cook,houses a.construction equipmerit storage yard_ 18 Although thiE,use is not compadl;le vrith u npormitted uses of agriculturally zoucd land,Mr, Cools 19 ` has been allowed to maintain this covouctivn equipment storage yard without obtaining any land 70 ! u e.persalts or conducting any environmental review, even,.hough this is the type of business for 21 which a lard Use p}ztnit would othenvise be required. 22 ; Furth-.r, between the time the Club's permit application was deemed complete in 23 September L199 and dertial of th-,Club's permli on July 1?, 2005, rnutneruus building permits 24 hsve be_n issu;$for adjacent propv!ties incl:tdittl;fradingpeznrits for construction of residential 25 driveways and building pads, areal building permits for conAra tiorn of numerous homas,garage.,,; 26 and outbuildings. Tothe,Club's knowledgt,aot one of these adjacent propc,;lies has been 27 required to conduct any tmvironmertal review, survey, or mitigation for the.endangered CTS that 28 Was allegedl, "discovered" in the Club's izs�3lteaiirtitely adjac erct pzoperty, _ ti GOVERNMENT CL.U1lM WEU 10108 FAX 5108350519 ADS OAKLAND --- RC'BERT RONALD Qv-�Vl V-L7 01/11/2006 .13.33 FAX 562 216 44 A.,J TRUPANICII-MICHEL, LLP 1 .010 I The Club has been singled out and;required to undergo an exha"stive environmental 2 review proses 3,while the surrounding property owners have escaped this requirement,when.some 3 offheii activities have,leen far rnor4 intrusive on the tmivimnmant than any construction or 4 activities the C1-ab has proposed. As a result of this singular and disparate treatment,the Club has 5 been harmed and their I=d use permit has been improperly denied. 6 Additional Facts Regarding,Unfair Process am d Conflict of Interest 7 Rick Fxndrick is a homeowner at Parccl AP4003-030-025 on.Silver Hits Drive, He:is a .8 member of Alypellant Silver Hills Horneown=Association, and an out-spoken opponent of the 9 Club's Projw-. Since bccoming an appellant to the Club's permit application,,Ndlr.Kendrick has 10 been appointed as a member of the Byroii'MAC,on which he eunv-atly-serves as an appointed 11 County Official. 12 As an,.Suft of his status as an Appellant on this Praject,Mr,Kendrick was absuluWly 13 prohibited from voting on cr engaging in any Byron NIAC decisions or actions concerning this 14 I Project under tliQ County's own Coifflict of Interest regulations. Despite dds prohibition,at the 15 September 1g,,2004 Byroa City Council meeting,Councilman Keradxick stat-W."he never 108 j expected ttie Giun Club to actually be built."He then pmscnted,a letter to the Byron;till that he, 17 and Us wif-,Yad sent to the County P.,cjvot Plat-*ter citing concems about the Project,afterwhirli 18 he itidiwied`be is looldng for tyle Coutioll to represtnt the properly owners or,this issue," 19 ij Mr. I-end'rick then arcempWd to second a motion to oppoie the project and proceod-,d to 20 i vote on the matter as a member oz he Piyron MAC,bio was formd to abstain by other C.Quncil 21 members. As a result of Mr. Kendrick's ii)-aproper soficitttion,the Byron IWX completely 22 f Tc;versed its position and agreed to write a ietkcr to the County oppusins the Club's project- 23 despite the fh,:4 that the Byron MAC had previously submitted two letters of Overwhelmizig 24 suppo-it to the_County regarding the Club's relocation to their#280 Camino Diablo site. The 25 Byron MACs opposition 1-taer was pre-sonted to the Board in the April 26,2005 StaffReport and 26 Recommendations and was given great weight by the Beard as evidence of sigrdficw public V agency oppos.1-cion in their decision to deny the Club's petwit. U Mr.Kandrick then used his position to solicit oppozlidon to the Club's Proj eel ftern,thv 7 GOVERNMENINT(MAJAl 3IV047V741, Pg O 562 216 4446 TRWANICH-HIC9EL, LLF, I Town of Discovery Bay duringlts Febraaty t6, '9005 Board of Diroctors rnftting. 'Ile discassicir 2 rf the Brentwood Rod and Gun Chib was led by the To,,xm of Disoovery Bay Vice President 3 David Fiapho. 'Coincidentally,N2', Piepho is the spease of Clontra Costa County Di;trict M 4 Supervisor Mary Piepho,who is bods tare Vice Chair on the State Route 4 Bypws Authority that 5 forced the Crab off its Eon.nei property,o well as the Supervisor for the district in which the 6 Club's new ti•ite Has,and who uldmatelyrnade the nixion to deny the Clubs permit application. 7 At this mcchng,Mr. KwArick bidikated that be was a rneimber of the Byron MAC and chat 8 the Byron MA Chad requested rhe Town qjDiscovery, qvs upposition to this Prqec:. Nft, 19 KndridWq assertions were bcth erroneous and n-Lisleadizg,as d".io 13yTuai 1YUC.never discussed or 10 requested opposition to this Proi,,xt 1 onz any other municipality in any noticed or nx;orded 11 meeting, AWiti=?lly, although.kir.Kendrick mentioned feat he 8vas a hameawner in the vicinity 12 of the Project ane, a member-DJ'tb-t,-Byron MAC,he failed to mention that he was alsu onp,of the 13 Appellants opposing this Proj vet, ev L-nr when the appeal was di&,ussed. 14 Despite the apparent cowlict of interest between Cy ount, Supervisor Piepho erre1.9; Discovery B'kys Vice President Piepho with re�tpect to this matt-- ,Ma. Piepho led the discussion 16 at the Town of Discovery B 45,meting and p e-r9onally inade,the motion to faipport th*P yron 17 MAC,as requcsted by W,Kendriol.,w1luch was-then approved by the'1 Council. As a result It of Mr. Kem&ick's active solicitation alLoppositionfor the Clubs project, irAd his erroneous 14 assertion that the Byron,MAC's positiou with respect to the projmt,the Towii of Discover Bay 20 wrote a!ott,_n opposing the Prqjmtv,1tich was presented to the board in the April 26,2005 Staff 21 Pxport and fCerosl endatias TEr.letter.',aloA_g with the letter of opposition trorri th-,SyTon 22 MAC,was given great weight by the Board as evideulce of sificaait public agency opposition to 23 this project. 24 The Club alleges d.i.at Mr.Kendrick's actions were perfbnmed it direct coaffi;-t witty 25 concra Costa's Conflict of interest policies.Additionally,the Contra Costa Board of Supervisors 26 has adopted a Policy(Resolution No. 20021i'3716) for BoardAppointoes(such As Kendrick) 0 d '.- 27 conceming Conflict of interest&Open MA cLqgs, This Policy re+Ares D wr A k1pOi nt ce3 to 28 adhere to The principles and rules of the Political Reform Act of 1974(Gov�rnzvant Code§4 dr 7_0�7FRNNVNT CLAIM 01/11/2006 13:34 FAX 5ff2 .916 4445 TL,p l�012 1 8 1000 et seq.).The Club alleges thai Mr. Xendd'-�ck-s actions also constituted a viol ition of&.at 2 Act.. 3 Th.-weight the County gave to the opposition of the Bymn MAC'and the Town of 4 Discovery Bay is evidmeed in the opening pages of the SLiff RVort prepared prior to the Board's 5 April 16,200-5 hearing. As a result of Mr. Kwdrick.'s abuse o1'bis authority to Improperly 6 inllu=.-e and solicit bias against the Club's pc=it application from sUrroundincr mitaicipalities,0 7 the Board was presented with inf4rmadoia which gavce the appearance of independent mid 8 sigai6cant opposition to the Club's projectbyvearbyr communities. Mr, Kendrick's abuses contributed substantially to the unfair hearing at-.d denial of the Club's perm h application. The 10 iixipact of Xft- Koadrick's actions becam-e apparent during the April 16 hcarjug,when,during 11 County Planter Catherine Rutstixi,,-- oral presentation of the Staff Report to the Board, she,poinizd 12 ouL the recent change iii position o3 those f6imin 0-ab supporters to the Boaxd,and there was a 13 substantial&.scussion cf th6 mearAng of these ohxiged positions. Additionally,the Appella&,'s 14 attorney,Mr, David Trotter,expounded an these reversals of position, stating that opposition of 15 the Club had now been pmseaved fiom opposing groups in allfibuF directions of*.e CIO's 16 property(on-,-being the opposing landowners iucluding Kendhek,another the Town of Disooven, 17 Bay, clad a third b,�iag the BAon"NIAC). Beforc Mir, Trotter finished his argam,cw,he was IS intarupted try Supervisor Piepho,who said"I want to,Vm goiug to support the motion(to deny 19 the perniit]."Before she was finished speaking,two County Supervisors had volu-nicere.d.io 20 t second tha,rioTion. 21 M% Kendrick's improper acts in Iris official cxpacity improperly created bias agaiwn 22 to-ward the ( lob's projec:whero none previo-usly existed_ -Asa result of Mr. Kcndrick'sim. proper 23 acts,the,Club has been harmed and djeix permit application has been improperly denied. U 4. What particular act or omission on theart of county or district officers,servants,or employm caused the injury or darnagep See above description of facts. S. Whal are the nattits of district afflmrs,servants, or,employees causitig the damage or 27 frijurl? 28 9 G-OVERNA/M�T CEA—M a;?V06 wED l0e 10 FAM 5108359510 ADS OAKLAND +— ROBERT RONALD ICJC14/vl5 01/11;'2006 10,34 FAX 562 21.6 4435 1'RC1'ANICH-MIML, LLP [-QO1S 1 Mary Piepho,District ISI Supervisor,the entirc Board of S'upci cors, and hick Kendrick of the Byron MAC. . 3 4 6. `Vhaf damages or injuries do you clabu? Give the full extent of injuries or damages claimed.) 6 The Ciub seeks damages and/oa cavilpenalties txs excess of$.,700.004 resulting from a-,,e ' i ' violation of the 't7 b's state and federal civil rights to due roct:ss 7 County's and/or its�mp.oyees lolatlo C a � P 8 ar;d equal prol ection under the previsions of the Fourteenth,.amendment;acts of the c=aunty 9 constituting'a regulatory taking udder the Fifth and F'our:aeath Auiendnaents of the United States 10 Constitution; 3s"Well as state law theories including breach of fiduciary duty;breach of covenant 11 12 of good:faith wd fair dealing;equitable cswppel;promissory estoppel;negligence;conspiracy; 13 interference with prospective economic business advantage; intenfivn.al raisrepresentation; 14 common lace:baud; violation of conflict of it3terest laws,Violation of'lPolitical Reform Act of 15 197", and violation oftl`e California Environmental Quality Act(CEQt�),�blicfd' esources Clod.- 16 Section 21167..21168,et at.Finally,the Club will seek recovery of litigation costs,including 17 18 reasonable attornevs' Fees, tg 7. How wss the amount claimed above carnputed? (Include the estimated aY€oont of an):prospective injury or damage.) 20 Tb.e Cltab's estimate are based on a preliminary inv:stigation of the Clue's expenditures and 21 22 costs related to procurement of its property arad processing of its land use per sit application hom 23 1999 duough 2005, indludi a&but rot limited to:last cleb membership dues; the fair market 24 Yalu.-of its paoperty as well as costs for property taxes and property liability insurance.,costs paid 25 for preparation of eavirowmental,biological,and/or fi�eedrig studies; direct reimb4nierneut by �G the Club of'tbe County's casts of processing of the Club's permit application; attvmt� ys iees; acid 27 28 costs for equipment pucohases and/or maintenance oftle Club's property during the six year delay 10 f GOVERNMENT�`:UA f 0:34 PAX 562 216 4445 TRUTANICH-MICKEL, LLP QJ 014 in prrocessing the Clubs permit application. The damages included hm-in are esti-mated through 2005 and do rot include prospective da=,ges for continued losses or expenditures asst eiated with 4 this olaim be;orad December 31,2005. The amount of damaScs claimed in this fu m. may change based on further investigation and!or verification or time.passed.Thii claim will constitute an 95 unlimited civA case. 7 1118. Names and addresses of witnesses,doctors, and Hospitals: 1 8 Not Applicable, 9. List of e&penditurtes you made on account of this secident or lnjuq, 20 i'of 11 12 SEND NOTICES TO: Gov.Code Sec. 9102 proAdes"Tile daim shall Tr atanich Michel, UP be signed by the claimant oz-by some pia scn 13 1091 R Ocean BNd.,Suite 200 hi's behalf 14 Long Beach,CA 908()2 15 16 G-lezn S. McRoWits,At-comey for Clairvant Brentwood Rod&Gun Club 17 21 22 23 24 26 27 28 GOVRRNI�, T CLAIM VL"1§/-VV* "nw "" UIV04qvulv 1i 0 ---- �V-- U.- - 01, 1'21108 13:35 t,1X 362 216 4443 TRITTANICH-MICHEL, LLP (b 015 2 PUBLIC RECORDS NOTIM 3 Please be advised that this claim)4b'M or any0aiin Wed with the Co=ty and ..r the sort claims Act,is Subject to public disclosure under the California Public RecordsAct. (Gov. Codc§§ 4 6500 et seq.) FUrthermOre,any=ChMents, adde-ndutrs. ,or supplements aftached to the claial form,including wedical rmards,are,also subject I o public disclosure. 5 6 NOTIM 7 Soctior,72 of Penal Code,providcs; Every peison w?hz), with i ,tem to dv&aud,present for allowance or.for payment to wv state board 9 orofficer, ortoany countycity, or district board or officer,authorized to allow or pay the same if Fcnuine,any false,or frauduleat claim dill,accotuil voucher,or writing,is punishable ei&x by Imprisonment in the countyjail for a period of not more faim one year,by a:5nd of not exceeding ii one thousand dollars($1,000.00),or by both surh imptisownent andflud,or by impriso=eat in the state prisoiL by a fine of riot oweeding ten thousand dollars (S1 0,0DO),or by both such 12 impnionment and rine, 13 14 15 16 17 19 20 22 23 24 25 28 27 28 12 H G0VBF.N'N4B'NT CLAIM cn sod SO cc 0 Li cc 6� o o 01 o a� BMJ o a co. c0 u LAJ Z Q Z oo 40p Ytn t!� O cM aft 0 all O cl� 6 WQ P� o � 3;, wA Q o N q v� p Z4 U 0 CD y 2 C ' / a C IUIFIN A.TRU'I'ANICaI OF COUNSEL: C.D.MIt:F1EL IOIIN I.b1Ai;Iil'INGIdR Los ANGL'LES,CA x' Los ANGELES,CA r s �S GLENN S.MCROBERTS e SAN DILDO,CA TRUTANLC�T�MWI L•LLP DON B.K CA SAN FRANCISCO,,CA t _� - .._n e y.-� A � L._a,w p, rLAS ANGELES - SAN DIEGO MART:K.BE:NEiNSON NEW YORK,N.Y. Glenn S.McRoberts DAvuD'r.1-r,vaw (619)297-0770 },nnc-bertsl a t-mlawvers.eom TUCSON,AZ JanuaryX,, 2006 Emy L. Sharp REM' Deputy Clerk of the Board ED Contra Costa County Board of Supervisors JAN 1 Contra Costa County 9 2006 651 Pine Street CLERK BOARD OF CONTRA COSTA CoV1SORS Martinez, CA 94553 Re: Brentwood Rod and Gun Club, County File#LP992027 Dear Ms. Sharp and Members of the Board: Enclosed please find a Government Claim from Brentwood Rod and Gun Club. If you have any questions, please contact Glenn S. McRoberts at (562) 216-4442. Very truly yours, TRUTANICH •MICHEL, LLP By: C�"S ' Gl S. McRoberts GSM:kIt Enc: cc. Thomas Geiger, Deputy County Counsel, 180 E.Ocean Boulevard,Suite 200•Long Beach,CA 90802•Tel:(562)216-4444•Fax:(562)216-4445 www.tmllp.com I GOVERNMENT CLAIM 2 RE: CLAIM BY: 3 BRENTWOOD ROD AND GUN CLUB, INC. a California Non-Profit Corporation, 4 AGAINST 5 The COUNTY OF CONTRA COSTA, a 6 municipality; and the COUNTY OF CONTRA COSTA BOARD OF 7 SUPERVISORS 8 9 The undersigned claimant hereby makes a claim against the County of Contra Costa and the 10 County of Contra Costa Board of Supervisors in the sum of approximately$1,700,000 and in 11 support of this claim represents as follows: 12 1. When did the damage or injury occur? 13 The damage or injury occurred on a continuing basis between September 1999 the present. 14 2. Where did the damage or injury occur? 15 The damage or injury occurred in association with the property known as #280 Camino 16 Diablo, Byron, CA in the County of Contra Costa, California. 17 3. How did the damage or injury occur? 18 The damage or injury occurred as a result of the County's abuse of the environmental 19 review process and improper denial of a land use permit submitted by the Brentwood Rod and 20 Gun Club (Club)to relocate its shooting range to #280 Camino Diablo, Byron, California. The 21 County wielded its power as a member of the State Route 4 Bypass Authority to put the 22 Brentwood Rod and Gun Club out of business at its former location and then inappropriately used 23 the environmental review process as a means to delay and obstruct the re-opening of the Club's 24 recreational shooting range at its new location. The unlawful actions of several county officials 25 throughout this process, and the bias and discrimination which the Club has been shown has 26 deprived the Club of due process and has ultimately resulted in a regulatory taking of the Club's 27 property without compensation, all for no other lawful reason than for Contra Costa County to rid 28 itself of an unwanted Gun Club as a result of its demonstrated bias against guns and legitimate 1 GOVERNMENT CLAIM I gun-related recreational activities and businesses. The facts giving rise to this claim are recited 2 below: 3 The State Route 4 Bypass Authority(which consists of Contra Costa County and the 4 Cities of Antioch and Brentwood), threatened a condemnation action against the Club's former 5 property at 731 Concord Avenue, Brentwood, California, where they had operated for nearly 50 6 years in order to construct a state highway bypass. In 1999, under duress, the Club sold its former 7 property to the State Route 4 Bypass Authority and purchased a vacant piece of land at#280 8 Camino Diablo in the rural Byron area of Contra Costa County with an identical zoning 9 designation for relocation of the Club's facilities. 10 The new site consisted of a 39 acre former quarry/motocross area at the bottom of a steep 11 walled canyon in an area zoned for heavy agriculture (designation A-3) and surrounded by 12 existing sand quarries, a motocross facility, a construction equipment storage yard, undevelopable 13 open space owned by the Contra Costa Water District, and four undeveloped adjacent 10-acre 14 ranchette parcels located at the top of a 250-300 foot high quarried hillside adjacent to the Club's 15 property boundary. The A-3 zoning designation, consistent with the County's General Plan, 16 allows for construction of outdoor recreational facilities with a land use permit. In April 1999, the 17 Club applied for such a land use permit for relocation of the Club's facilities to the new site. In 18 September 1999, the Club's application for a land use permit for relocation of its facilities was 19 deemed complete by the County and, not anticipating any further problems with obtaining its 20 permit, finalized the purchase of the new site at#280 Camino Diablo. 21 After the County conducted noise and biological studies and prepared an Initial Study 22 pursuant to the California Environmental Quality Act (CEQA), in March 2000 a Mitigated 23 Negative Declaration was adopted and the project was approved by Contra Costa County's East 24 County Regional Planning Commission. A handful of property owners appealed the decision, 25 citing safety and noise concerns. 26 In December 2000, after conducting additional noise and biological studies, and hiring of 27 a safety design consultant who made some recommendations for modification of the Club's 28 proposed design, the County issued a Revised Initial Study/Mitigated Negative Declaration and 2 GOVERNMENT CLAIM I once again recommended approval of the Project. The Club modified its plans consistent with the 2 recommendations of the safety engineer and met with adjacent property owners to dispel its 3 concerns. 4 Due to continued public opposition regarding noise, safety, and newly raised potential 5 groundwater contamination issues, in December 2001, the County determined that preparation of 6 a"focused" Environmental Impact Report (EIR), which would focus on the areas of noise, safety 7 and potential groundwater contamination, was required. In December 2002, a"comprehensive" 8 Draft EIR(which was anything-but focused) containing further noise, safety, biological, and other 9 studies (all performed at the Club's expense) was issued. 10 After an unexplained 1-1/2 year delay, in August 2004, the County issued a Recirculated 11 EIR. The purpose of the Recirculated EIR was to address the presence of a newly listed federally 12 threatened species, the California Tiger Salamander(CTS), which had allegedly been 13 "discovered" at the site by the County's biological consultant during yet another biological survey 14 of the Site which was apparently directed and authorized by the County in March 2003 (despite 15 the fact the four prior biological surveys by two different biologists had found no such species and 16 had declared the site to be unsuitable habitat). Although the Club's Treasurer, Mr. Terry Dicker 17 was standing next to the County's biologist during this alleged CTS "discovery,"he was not 18 allowed to see the alleged"CTS" even though he asked twice to see what had been allegedly 19 found by the County's biologist. No report, photographs, field notes, or other evidence of this 20 alleged CTS "discovery"has ever been produced by the County's biologist. Nonetheless, as a 21 result of the alleged CTS "discovery,"the County, after requesting input from the California 22 Department of Fish and Game and the United States Fish and Wildlife Service, imposed onerous 23 conditions on the Club for mitigation of the salamander habitat that would have cost the Club 24 hundreds of thousands of dollars to implement, including construction of an engineered CTS 25 habitat pond. 26 Further, the Final EIR, which was issued in November 2004, erroneously concluded that 27 the Project would have a significant and unavoidable noise impact because the Club's proposed 28 activities would exceed a noise"perception criterion" standard that made it a violation for 3 GOVERNMENT CLAIM I gunshot noise to exceed 5 decibels above ambient levels. This new "perception criterion" 2 standard was introduced for the first time ever in Contra Costa County in the Club's EIR and was 3 apparently to be applied exclusively to the Club. Although it was inconsistent with the 4 applicable noise standards identified by the County's original noise consultant (from the County's 5 General Plan), the County and its consultants claimed that this stringent "perception criterion" 6 should be applied to the Club's Project allegedly due to the startling effect and the perceived 7 danger associated with gunshot noise. 8 In April 2005,six years after the Club's permit application was filed, to the Club's 9 complete surprise, the County made findings of a significant and unavoidable noise impact based 10 solely on the application of the novel noise"perception criterion" and announced its intent to deny 11 the Club's permit application, contrary to all of its previous staff recommendations and findings 12 recommending approval of the Project with conditions. 13 The EIR was certified and the Club's land use permit application was denied by the Board 14 of Supervisors on July 12, 2005. As a result of the County's disparate application of an 15 inapplicable noise standard to the Club's proposed activities, a defective EIR has been certified, 16 the Club has been harmed, and their land use permit has been improperly denied. 17 Additional Facts Regarding Discriminatory Treatment of the Club's Permit versus Others Similarly Situated 18 In November 2004, Tom Smith and Tom Anderson, owners of the adjacent quarry 19 (County File#LP962046)requested a modification of the land use permit for their quarry 20 operations. Of note is that Club's property was part of this exact same quarry until it was 21 purchased by the Club in September 1999. Nonetheless, rather than requiring any environmental 22 review of the quarry property for modification of the quarry's permit (less than one month after 23 circulating the Club's Recirculated EIR regarding the endangered CTS), the County instead 24 adopted the Initial Study and associated Negative Declaration that had been prepared for the 25 Quarry(ostensibly including the Club's property) in 1996. 26 In its November 2004 staff report, the County stated that "an Initial Study was prepared [in 27 1996] that did not identify any potentially-significant impacts..." and"[d]ue to the disturbance of 28 4 GOVERNMENT CLAIM 1 the lands in the quarry, the findings of the previous [1996] Initial Study and Negative Declaration 2 of Environmental Significance remain operative." Therefore, rather than rely on a newly 3 completed comprehensive EIR for the exact same former quarry site in which endangered species 4 were allegedly found, the County instead, chose to rely on an eight year old Initial Study and 5 granted the Quarry's permit application. 6 In February 2005, the Quarry again applied for extension of a land use permit; this time to 7 expand their quarry operations from 7.9 acres to 13.5 acres, an addition to the quarry of 5.6 8 acres. The purpose of the expanded permit application was to allow the Quarry operators (FTG) 9 to mine a previously undisturbed hill that remained between the Quarry and the Club's property. 10 The Notice of Public Hearing published by the County for the quarry permit application contained 11 the following paragraph: 12 For purposes of compliance with the provisions of the California Environmental Quality ACT (CEQA), a Negative Declaration of 13 Environmental Significance (no Environmental Impact Report required) has been issued for this project. (Emphasis added.) 14 15 The Quarry's permit application was approved on June 6, 2005. Thus,based on the 16 Quarry's 1996 Initial Study that included the Club's property, the County made a finding that 17 mining of 5.6 acres of undisturbed land between the Quarry and the Club would have no 18 significant impact on the environment and on that basis, adopted a Negative Declaration and 19 approved the Quarry's mining expansion permit. 20 Although, one could ostensibly argue that the County Zoning Commission did not know 21 that the County Commissioners were involved in a comprehensive EIR of the Club's adjacent 22 property and that a supplemental EIR prepared for the Club's property had reported an alleged 23 discovery of an endangered species, this is simply not the case here. In fact, the Agency 24 Comment Request that was sent out by the Contra Costa County Community Development 25 Department to other agencies for comments on the Quarry permit expansion application was 26 prepared and signed by County Planner Darwin Myers - the same County Planner who had been 27 in charge of the Club's environmental review process for the past six years, including 28 preparation of the supplemental EIR. As further evidence of discrimination against the Club, the 5 GOVERNMENT CLAIM I California Department of Fish and Game and the US Fish and Wildlife Service (both of whom 2 had been heavily involved in the Club's EIR and the conditions of approval requiring the Club to 3 construct extensive ponds as mitigation for the alleged CTS habitat) were not even notified or 4 asked to comment on the Quarry's expansion permit application, even though the Quarry's 5 expanded operations created significantly greater disturbance of undisturbed land than any of the 6 activities proposed by the Club. 7 In the process of mining the intervening hill, not only did the quarry disturb previously 8 undisturbed land, but their overburden fell onto the Club's property in the exact location of the 9 "pond" (i.e., mud puddle)where the CTS larvae had allegedly been"discovered" by the County's 10 biologist over two years before the Quarry's latest permit application, potentially harming any 11 CTS that may have been present and/or destroying critical habitat that the Club was being 12 singularly required to preserve. Furthermore, after approving the Quarry's permit to remove the 13 hill separating them from the Club, the County cited removal of the hill as a reason to disallow the 14 Club's permit, claiming possible safety issues could result because of the Quarry's removal of the 15 natural buffer between the two properties. 16 As another example of the discriminate manner in which the Club has been treated, 17 another adjacent property, owned by Terry Cook, houses a construction equipment storage yard. 18 Although this use is not compatible with unpermitted uses of agriculturally zoned land, Mr. Cook 19 has been allowed to maintain this construction equipment storage yard without obtaining any land 20 use permits or conducting any environmental review, even though this is the type of business for 21 which a land use permit would otherwise be required. 22 Further, between the time the Club's permit application was deemed complete in 23 September 1999 and denial of the Club's permit on July 12, 2005, numerous building permits 24 have been issued for adjacent properties including grading permits for construction of residential 25 driveways and building pads, and building permits for construction of numerous homes, garages 26 and outbuildings. To the Club's knowledge, not one of these adjacent properties has been 27 required to conduct any environmental review, survey, or mitigation for the endangered CTS that 28 was allegedly"discovered" on the Club's immediately adjacent property. 6 GOVERNMENT CLAIM I The Club has been singled out and required to undergo an exhaustive environmental 2 review process, while the surrounding property owners have escaped this requirement, when some 3 of their activities have been far more intrusive on the environment than any construction or 4 activities the Club has proposed. As a result of this singular and disparate treatment, the Club has 5 been harmed and their land use permit has been improperly denied. 6 Additional Facts Regarding Unfair Process and Conflict of Interest 7 Rick Kendrick is a homeowner at Parcel AP#003-030-025 on Silver Hills Drive. He is a 8 member of Appellant Silver Hills Homeowners Association, and an outspoken opponent of the 9 Club's Project. Since becoming an appellant to the Club's permit application, Mr. Kendrick has 10 been appointed as a member of the Byron MAC, on which he currently serves as an appointed 11 County Official. 12 As a result of his status as an Appellant on this Project, Mr. Kendrick was absolutely 13 prohibited from voting on or engaging in any Byron MAC decisions or actions concerning this 14 Project under the County's own Conflict of Interest regulations. Despite this prohibition, at the 15 September 16, 2004 Byron City Council meeting, Councilman Kendrick stated"he never 16 expected the Gun Club to actually be built."He then presented a letter to the Byron MAC that he 17 and his wife had sent to the County Project Planner citing concerns about the Project, after which 18 he indicated"he is looking for the Council to represent the property owners on this issue." 19 Mr. Kendrick then attempted to second a motion to oppose the project and proceeded to 20 vote on the matter as a member of the Byron MAC, but was forced to abstain by other council 21 members. As a result of Mr. Kendrick's improper solicitation, the Byron MAC completely 22 reversed its position and agreed to write a letter to the County opposing the Club's project - 23 despite the fact that the Byron MAC had previously submitted two letters of overwhelming 24 support to the County regarding the Club's relocation to their#280 Camino Diablo site. The 25 Byron MAC's opposition letter was presented to the Board in the April 26, 2005 Staff Report and 26 Recommendations and was given great weight by the Board as evidence of significant public 27 agency opposition in their decision to deny the Club's permit. 28 Mr. Kendrick then used his position to solicit opposition to the Club's Project from the 7 GOVERNMENT CLAIM I Town of Discovery Bay during its February 16, 2005 Board of Directors meeting. The discussion 2 of the Brentwood Rod and Gun Club was led by the Town of Discovery Bay Vice President 3 David Piepho. Coincidentally, Mr. Piepho is the spouse of Contra Costa County District III 4 Supervisor Mary Piepho, who is both the Vice Chair on the State Route 4 Bypass Authority that 5 forced the Club off its former property, as well as the Supervisor for the district in which the 6 Club's new Site lies, and who ultimately made the motion to deny the Club's permit application. 7 At this meeting, Mr. Kendrick indicated that he was a member of the Byron MAC and that 8 the Byron MAC had requested the Town of Discovery Bay's opposition to this Project. Mr. 9 Kendrick's assertions were both erroneous and misleading, as the Byron MAC never discussed or 10 requested opposition to this Project from any other municipality in any noticed or recorded 11 meeting. Additionally, although Mr. Kendrick mentioned that he was a homeowner in the vicinity 12 of the Project and a member of the Byron MAC, he failed to mention that he was also one of the 13 Appellants opposing this Project, even when the appeal was discussed. 14 Despite the apparent conflict of interest between County Supervisor Piepho and 15 Discovery Bay's Vice President Piepho with respect to this matter, Mr. Piepho led the discussion 16 at the Town of Discovery Bay meeting and personally made the motion to support the Byron 17 MAC, as requested by Mr. Kendrick, which was then approved by the Town Council. As a result 18 of Mr. Kendrick's active solicitation of opposition for the Club's project, and his erroneous 19 assertion that the Byron MAC's position with respect to the project, the Town of Discovery Bay 20 wrote a letter opposing the Project which was presented to the Board in the April 26, 2005 Staff 21 Report and Recommendations. This letter, along with the letter of opposition from the Byron 22 MAC, was given great weight by the Board as evidence of significant public agency opposition to 23 this project. 24 The Club alleges that Mr. Kendrick's actions were performed in direct conflict with 25 Contra Costa's Conflict of Interest policies. Additionally, the Contra Costa Board of Supervisors 26 has adopted a Policy(Resolution No. 2002/376) for Board Appointees (such as Kendrick) 27 concerning Conflict of Interest & Open Meetings. This Policy requires Board Appointees to 28 adhere to the principles and rules of the Political Reform Act of 1974 (Government Code §§ 8 GOVERNMENT CLAIM 1 81000 et seq.). The Club alleges that Mr. Kendrick's actions also constituted a violation of that 2 Act. 3 The weight the County gave to the opposition of the Byron MAC and the Town of 4 Discovery Bay is evidenced in the opening pages of the Staff Report prepared prior to the Board's 5 April 16, 2005 hearing. As a result of Mr. Kendrick's abuse of his authority to improperly 6 influence and solicit bias against the Club's permit application from surrounding municipalities, 7 the Board was presented with information which gave the appearance of independent and 8 significant opposition to the Club's project by nearby communities. Mr. Kendrick's abuses 9 contributed substantially to the unfair hearing and denial of the Club's permit application. The 10 impact of Mr. Kendrick's actions became apparent during the April 16 hearing, when, during 11 County Planner Catherine Kutsuris' oral presentation of the Staff Report to the Board, she pointed 12 out the recent change in position of these former Club supporters to the Board, and there was a 13 substantial discussion of the meaning of these changed positions. Additionally, the Appellant's 14 attorney, Mr. David Trotter, expounded on these reversals of position, stating that opposition of 15 the Club had now been presented from opposing groups in all four directions of the Club's 16 property(one being the opposing landowners including Kendrick, another the Town of Discovery 17 Bay, and a third being the Byron MAC). Before Mr. Trotter finished his argument, he was 18 interrupted by Supervisor Piepho,who said "I want to, I'm going to support the motion [to deny 19 the permit]."Before she was finished speaking, two County Supervisors had volunteered to 20 second the motion. 21 Mr. Kendrick's improper acts in his official capacity improperly created bias against 22 toward the Club's project where none previously existed. As a result of Mr. Kendrick's improper 23 acts, the Club has been harmed and their permit application has been improperly denied. 24 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? 25 26 See above description of facts. ` 5. What are the names of district officers, servants, or employees causing the damage or 27 injury? 28 9 GOVERNMENT CLAIM 1 Mary Piepho, District III Supervisor, the entire Board of Supervisors, and Rick Kendrick of 2 the Byron MAC. 3 4 6. What damages or injuries do you claim? (Give the full extent of injuries or damages 5 claimed.) 6 The Club seeks damages and/or civil penalties in excess of$1,700,000 resulting from the 7 County's and/or its employees' violation of the Club's state and federal civil rights to due process 8 and equal protection under the provisions of the Fourteenth Amendment; acts of the county 9 constituting a regulatory taking under the Fifth and Fourteenth Amendments of the United States 10 Constitution; as well as state law theories including breach of fiduciary duty; breach of covenant 11 12 of good faith and fair dealing; equitable estoppel; promissory estoppel; negligence; conspiracy; 13 interference with prospective economic business advantage; intentional misrepresentation, 14 common law fraud; violation of conflict of interest laws, Violation of Political Reform Act of 15 1974, and violation of the California Environmental Quality Act (CEQA), Public Resources Code 16 Section 21167, 21168, et al. Finally, the Club will seek recovery of litigation costs, including 17 18 reasonable attorneys' fees. 19 7• How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 20 The Club's estimate are based on a preliminary investigation of the Club's expenditures and 21 22 costs related to procurement of its property and processing of its land use permit application from 23 1999 through 2005, including, but not limited to: lost club membership dues; the fair market 24 value of its property as well as costs for property taxes and property liability insurance; costs paid 25 for preparation of environmental, biological and/or engineering studies; direct reimbursement by 26 the Club of the County's costs of processing of the Club's permit application; attorneys fees; and 27 28 costs for equipment purchases and/or maintenance of the Club's property during the six year delay 10 GOVERNMENT CLAIM 1 in processing the Club's permit application. The damages included herein are estimated through 2 2005 and do not include prospective damages for continued losses or expenditures associated with 3 this claim beyond December 31, 2005. The amount of damages claimed in this form may change 4 5 based on further investigation and/or verification or time passed. This claim will constitute an 6 unlimited civil case. 7 8. Names and addresses of witnesses, doctors, and hospitals: 8 Not Applicable. 9 9. List of expenditures you made on account of this accident or injury. 10 Not Applicable. 11 12 SEND NOTICES TO: Gov. Code Sec. 910.2 provides "The claim shall Trutanich Michel, LLP be signed by the claimant or by some person on 13 1081 E. Ocean Blvd., Suite 200 his behalf." 14 Long Beach, CA 90802 S � 15 ' 1 S. McRoberts, Attorhey for Claimant 16 Brentwood Rod & Gun Club 17 18 19 20 21 22 23 24 25 26 27 28 11 GOVERNMENT CLAIM 1 2 PUBLIC RECORDS NOTICE: 3 Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. ( Gov. Code §§ 4 6500 et seq.) Furthermore, any attachments, addendums, or supplements attached to the claim form, including medical records, are also subject to public disclosure. 5 6 NOTICE: 7 Section 72 of the Penal Code provides: 8 Every person who, with intent to defraud, presents for allowance or for payment to any state board 9 or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill , account voucher, or writing, is punishable either by 10 imprisonment in the county jail for a period of not more than one year, by a find of not exceeding 11 one thousand dollars ($1,000.00), or by both such imprisonment and find, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such 12 imprisonment and fine. 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 GOVERNMENT CLAIM I PROOF OF SERVICE 2 STATE OF CALIFORNIA 3 COUNTY OF LOS ANGELES 4 I, :am employed in the County of Los Angeles, California. I am 5 over the age eighteen (18) years and am not a party to the within action. My business address is 180 East Ocean Blvd., Suite 200, Long Beach, CA 90802. 6 On January 16, 2006, I served the foregoing document(s) described as, 7 GOVERNMENT CLAIM on the interested parties in this action by placing 8 ( ) the original ( ) a true and correct copy thereof enclosed in sealed envelope(s) addressed as follows: 10 Emy L. Sharp Deputy Clerk of the Board 11 Contra Costa County Board of Supervisors Contra Costa County 12 651 Pine Street 13 Martinez, CA 94553 14 Thomas Geiger, Deputy County Counsel Office of County Counsel 15 County of Contra Costa 16 651 Pine Street, 9`h Floor Martinez, CA 94553-1229 17 18 XX (BY MAIL) As follows: I am "readily familiar" with the firm's practice of collection and processing correspondence for mailing. Under the practice it would be deposited with the 19 U.S. Postal Service on that same day with postage thereon fully prepaid at Long Beach, California, in the ordinary course of business. I am aware that on motion of the party 20 served, service is presumed invalid if postal cancellation date is more than one day after 21 date of deposit for mailing an affidavit. 22 Executed on January 16, 2006, at Long Beach, California. 23 Executed on January , 2006, at Long Beach, California. 24 (STATE) I declare under penalty of perjury under the laws of the State of California that 25 the foregoing is true and correct. 26 27 DENISE SMITH 28 13 GOVERNMENT CLAIM • CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY C' BOARD ACTION: FEBRUARY 14/06 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 you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". JAN 1 AMOUNT: $4,546.42 CCUN TY GCON rL CLAIMANT: JOHN VINCENT`'CELES ATTORNEY: UNKNOWN DATE RECEIVED: JANUARY 17/06 -4'ADDRESS: 146 WEXFORD STREET, BY DELIVERY TO CLERK ON: JANUARY 17/06 BRENTWOOD, CA 94513 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN S WEET Dated: JANUARY 17, 2006 By: Deputy II. FkOM: County Counsel. TO: Clerk of the Board of Supervi ors Pkr ti (This claimcomplies 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: G a c ey%e e Ue-vvo Ge.tpD r7 br T ly 1-7,2005. A iI e la t rn or •n.e. w,c LTA d v ib 6 4 La-6- C (a Dated: 1—��-04P By: Deputy County Counsel III. 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. 40ARD 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: /19d JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING (Gov. codes (ction 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. 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'L'fdl -r JOHN SWEETEN, CLERK By Deputy Clerk OFFICE OF THE COUNTY COUNSELSILVANO B.MARCHESI COUNTY OF CONTRA COSTA COUNTY COUNSEL Administration Building a� SHARON L. ANDERSON 651 Pine Street, 91h Floor •�a Martinez, California 94553-1229 / ;, CHIEF ASSISTANT GREGORY C. HARVEY (925) 335-1800 (925) 646-1078 (fax) v�i• a © VALERIE J. RANCHE AssisTANTs �CSr9 C 1 NOTICE OF UNTIMELINESS AS TO A PORTION OF THE CLAIM TO: John Vincent Celes 146 Wexford Street Brentwood, CA 94513 Please Take Notice as Follows: In regards to the claim you submitted on January 17, 2006, portions of your claim are timely and portions are untimely. The portions of your claim prior to July 17, 2005 that you presented against the County of Contra Costa governed by the Board of Supervisors fail to comply substantially with the requirements of California Government Code Sections 901 and 911.2, because they were not presented within six months after the event or occurrence as provided by law. Because the portions of the claim prior to July 17, 2005 were not presented within the time allowed by law, no action was taken on those portions of your claim. The claim was forwarded to the Board for action only on the timely portions of the claims. Your only recourse at this time is to apply without delay to the County of Contra Costa governed by the Board of Supervisors for leave to present a late claim as to the claims which are untimely. See Sections 911.4 to 912.2, inclusive, and Section 946.6 of the Government Code. Under some circumstances, leave to present a late claim will be granted. See Section 911.6 of the Government Code. You may seek the advice of an attorney of your choice in connection with this matter. If you desire to consult an attorney, you should do so immediately. SILVANO B. MARCHER COUNTY COUNSEL B Y: Monika L. Cooper Deputy County Counsel Page 1 CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a, 2015.5; Evid. Code, §§ 641, 664) I am a resident of the State of California, over the age of eighteen years, and not a party to the within action. My business address is Office of the County Counsel, 651 Pine Street, 9th Floor, Martinez, CA 94553-1229. On 23 OD , I served a true copy of this Notice of Untimeliness as to a Portion of the Claim by _plLing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed to John Vincent Celes, 146 Wexford Street, Brentwood, CA 94513 as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury undptke laws of the State of California and the United States of America that the above is true and correct. Executed o23 Z" , at Martinez, California. i.i Il athleen O'Connell cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY ! INSTRUCTIONS TO CLAIMANT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six months after the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year after the accrual of the cause of action. (Gov. Code § 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street,Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims,Penal Code Sec. 72 at the end of this form. ■■aaaaEaaaaaaaa0aaaaaaaaaaaaMn0Raaaaaaa0asaaaaa0a0aaaaaaaaaaaaaaEa0aaaaaaaaaat RE: Claim By: Reserved for Clerk's filing stamp Against the County of Contra Costa or C, `A'A �ec- &ADistrict) o of so?Eco�soRs (Fill in the name) ) c�ERKcoNSRAcoS�A Case The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of$ `/)S t16 • � )- and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) �`y 5 LA 0 S 2. Where did the damage or injury occur? (Include city and county) 1 m0.c� to Q Z C-0 Co3 �� COV 3. How did the damage or injury occur? (Give full details;use extra paper if required) See �-X5 . 4. What particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? = S 1n d }1.\ei i�X c i P P+S S ski\ \ have n qQ -Et 5 What are the names of county or-district officers, servants, or employees causing the damage or injury? L c s S�,eG i s �;s k . S +-{-- } 6. What damage or injuries do your claim resulted? (Give full extent of injuries or damages claimed.-Attach two estimates for auto dama e. g ) _ M ;ssi Ll A0. f ti 1s oiorXe Ac) Avy o,—A c��s.orve i S's U e co Q K,o-�e LA ,,,-„I c. e.o� L N US o P3 . ) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.)`l 1`l (0 i�0 P e d aY +c) 4o le-e o-0-' 4o reS�u v e +k (-S& UiQ. �� AO`�0.c-S ��. C 0.$ Z WLr. -�\�e \ r A 1 V r 8. Names and addresses of witnesses, doctors, and hospitals: N a rl bl 14 �,,c�-; -\s \5 L \ Q C�-,Z-\� S VCi v 9. List the expenditures you made on account of this accident or injury: DATE TIME AMOUNT .�rr r o b ;-� of A � �.es c.r.c� ci o es SuTPO.s-'c SQrviCeta 'O ■■rrrrrraENOSaONE rOman rrrrrrrrrrrrrrrrr0Nrrr urrrrri .Gov. Code Sec. 910.2 provides"The claim shall be signed by the claimant or by some person on his behalf." SEND NOTICES TO: (Attorney)____) Name and address of Attorney ) (Claimant's Signature) IL4 k p ) 1 _ S (Address) Q�eT woo �� CA 9 `-1s Telephone No. )Telephone No. S I 2 ■Mrrrrrrrrrrrrrrrrrrson rrmaps MrrrNuevo mount PUBLIC RECORDS NOTICE: Please be advised that this claim form, or any claim filed with the County under the Tort Claims Act, is subject to public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et seq.) Furthermore, any attachments,addendums, or supplements attached to the claim fonn, including medical records, are also subject to public disclosure. ■son r r r r r r r r r r r r r r r r Soso r r r r r r r r r r r r r r r r r r r1 monsoon an r r r r r r r r r r r r r r r r men r r r r r r r r 1 NOTICE: Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city, or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account voucher, or writing, is punishable either by imprisonment in the County jail for a period of not more than one year, by a fine of not exceeding one thousand dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000), or by both such imprisonment and fine. i �- C)7 1 k czf l S e- P,- c- Q e c SC'A1D � with -c�.vrn� �A� CA _CN\ sv_Dci� c-'�' s ey i C e -g a h, m Y AV\ �. cA v e Cx S Cb � -`-11u G .� Ino",-.. A0 3 LI b 0 r) Gk AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY �.► e- BOARD ACTION: FEBRUARY 14/06 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 you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and F.—/7'77-�"7 -9175,4 Please note all "Warnings" , AMOUNT: $100,000.00 'II JAN 2 2005 -� CLAIMANT: FRANCES G. HERNANDEZ C0U, TY C0: ''z ATTORNEY: UNKNOWN DATE RECEIVED: JANUARY 25/06 ADDRESS: 4603 BALFOUR ROAD #74 BY DELIVERY TO CLERK ON: JANUARY 25/06 BRENTWOOD, CA 94513-1635 RECEIVED FROM COUNTY BY MAIL POSTMARKED: COUNSEL FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET , Dated: JANUARY 25, 2006 By: Deputy II. FROM: County Counsel TO: Clerk of the Board of Superv'sors ( his claim complies substantially with Sections 910 and 910.2. O 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). O Claim is not timely filed. The Clerk should return claim on grc,und 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: l Z — By: Deputy County Counsel III. 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. B ORDER: By unanimous vote of the Supervisors present: ( This Claim is rejected in full. O Other: ��ICCcertify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Datedre--�7rgAet--.V"y I 4,6 JOHN SWEETEN, CLERK, By , Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from+he date this notice was personally served or depositec 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 pei jury 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 07-- Y A� d�OHN SWEETEN, CLERK By Deputy Clerk � RECEIVED a I SOD JAN 2 4 2006 Y JAN 2 5 2006 COUNTY COUNSEL MARTINEZ CALIF, CLERK BOARD OF SUPERVISOR CONTRA COSTA CO. 1, z- aL c�c� ►�e s S) I d - 7y (9 S D �► � l_a c- d 0 �� Sc� f ��. b o u�1-3 d per, �h -� � �- p� � ��►-Y P7 i3 00 � � � tsb� e- c( Pe N ► ct.- tv as— -u_S�a v- d . r 0 .s o f � uj Q_s o eonp i Y►c� j`-o c� s p a s (!�L o r s o e- o P e !-7 'f e- '�"G 4_f Li Cr o b T a i !tel e P- . AGI .� w e f OV �- ct 1 o h �o—r.0 f L, �A e- �o mf� � h e�- . ki o-7' ai o- n a kl esm r v7 e. . e e. 4-e a t"q toe) k w e. -I-y _Su [�► bS' � b e- daya `i !teto � 01n fiyrez j'G Q H eo_� s.-- � - G� e y a oQ_, f lie `t 4 Gi m-- C-LG—C.V,1/ �^! W act cX yl ►2 y �1_[�o_c�.�✓r�/ h l��t-� �Q-l�-� tl 1� �u 4 S (� �' � f ,e`l_. v_e-, L! -7 b S_�l_ �� �-ri cic �- Y_Y_� -- o.. Vey- �� k � S_r vC-- m ecQ eco.. + iorl. c-O vn e-- 4- 4-u k --o_u_s_e< o I , C-) P�,/'h U L /h C-0 k-�j S l!rrm CL l-1 a ter �z o r ive-y 7w i l l o r ►� s r_�-a Office of the County Counsel Contra Costa County 651 Pine Street, 9th Floor Phone: (925) 335-1800 Martinez, CA 94553 Facsimile: (925) 335-1866 Writer's Direct Dial: (925) 335-1885 Date: January 24, 2006 28�O EIV O To: Clerk of the Board of Supervisors AN 5 2006 Attn: Emy Sharp, Deputy Clerk FS,UPEOSTA Co. From: Silvano B. Marchesi, County Counsel By: Monika L. Cooper, Deputy County Counsel M Re: Amended Government Tort Claim Please process the attached claim from Frances G. Hernandez as an Amended Government Tort Claim. Thank you for your assistance. Please call with any questions. Attachment CONFIDENTIAL ATTORNEY CLIENT DOCUMENT � a x1 c ' CID '. 4- C-Al tv,- LL, 1 � S-t q` 4 o ,o Oma" i r r rl t r. s e, �• � ��'�-. 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