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Home My WebLink AboutMINUTES - 10072008 - C.12 (20) i AMENDED CLAIM +` BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: OCTOBER 07, 2008 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to. California Government Coj5(�ga��M you is your notice of the action taken �j ly on your claim by the Board of SEP 0 3 2008 upervisors. (Paragraph IV below), en Pursuant to Government Code AMOUNT: UNKNOWNCOU Y C UNSEL ection 913 and 915.4. Please note all MAEMARK T. BOEt� "Warnings". CLAIMANT SR. ASSISTANT CITY ATTORNEY TOR: CITY OF CONCORD ATTORNEY: UNKNOWN DATE RECEIVED: SEPTEMBER 03, 2098 ADDRESS: 1950 PARKSIDE DRIVE, MS/01W DELIVERY TO CLERK ON: SEPTEMBER 03, 2008 CONCORD, CA 94519-2578 RECEIVED FROM BY MAIL POSTMARKED: COUNTY COUNSEL FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DAVID TWA, Cl Dated: SEPTEMBER 03, 2008 By: Deputy wig I1. FROM: County Counsel TO: Clerk of the Board of S ervisors ( 40 his 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: By: M 42&c2j,s 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, WARD 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 //thhis date. DatedCGC"e. ro' D, D TWA, 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. Date4 20 0,7�m� ad106AVID TWA, CLERK By eputy Clerk This warning does not apply to claims which are not subject to the California 11 fTort Claims Act such .:�s actions in inv�er'se condemnation, actions for specific relief such as mandamus or injunction, riFederal Civil`Righ'ts claims.The above list isnot,exhaustiWand'legaI'!U,- consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act I s , r, r r • ,1 AUG 1 8 2008 COUNTY COUNSEL N," I !I ' MARTINEZ CALIF NIAI�S. August 15, 2008 SEP 0 Mr. John Cullen Q All 80 Clerk of the Board of Supervisors CO3,AR1 ops Contra Costa County C S 048 951 Pine Street Martinez, CA 94553 Re: Claim for Overcharge for Property Tax Administration Fee Dear Mr. Cullen: Following the City's presentation of the above-entitled claim to the County on June 10, 2008, the City received a "Notice to Claimant of Late-Filed Claim (Government Code Section 911.3)," dated July 11, 2008. The notice states that the City's only recourse is to apply without delay to the Board for leave to present a late'Claim. We note further that a document attached to the letter contains an additional entry that states in part, "...claims for proposed charges are premature." We presume that entry to mean that the City's claim for overcharged property tax administration fees for the 2007-2008 fiscal year. I We are now advised that the County has now assessed its charge of not less than $157,027.00 for the triple flip and VLF swap component of the property tax administration fees for fiscal year 2007-2008. Revenue and Taxation Code section 97.75 states that for fiscal years 2006/07 and thereafter, the County may charge a fee for the service mandated by Revenue and Taxation Code sections 97.68 and 97.70, but that fee shall not exceed the actual cost of providing the services. By including the triple flip and VLF swap funds in its calculations of Concord's administrative cost share instead of calculating the actual incremental service costs to administer the triple flip, the County has overcharged Concord and violated applicable state law. Please be advised that the City is submitting this claim for the overcharged property tax administration fee for fiscal year 2007-08 as courtesy for the reasons stated below. This claim as well as the June 10th claim is and was presented to the County as a courtesy, as opposed to a legal requirement. As a local public entity, the City is exempt from the claims-filing requirements of the Government Claims Act. See, Government Code §905(i). Your letter refers only to the Government Code and does not reference any local claims ordinance adopted by the County. Nor does our research indicate that r Mr. John Cullen August 15, 2008 Page 2 any such ordinance exists. Thus, the claims by the City need not be filed with the County prior to the institution of any litigation. If there is any applicable claim filing requirement that we have overlooked, please let us know. The cities of Contra Costa County which have filed claims are currently in discussions with the County Counsel's Office to see if litigation can be averted while the parties try to resolve this matter. Thank you for your consideration. Very truly yours, CRAIG LABADIE City Attorney - �> BY: Mark T. Boehme Sr. Assistant City Attorney MTB:vId cc: Silvano Marchesi, County Counsel M:Daily\county prop tax admin fee\Cullen prop tax fee Itr 8-15-08