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Home My WebLink AboutMINUTES - 10282008 - C.15 (14) AMENDED CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION:OCTOBER 28, 2008 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, )IleNOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to California Government Codes. ) you is your notice of the action taken on your claim by the Board of 2007/2008 FISCAL YEAR Supervisors. (Paragraph IV below), given Pursuant to Gov AMOUNT: UNIINOWN Section 913 and 915.4 "Warnings". OSA WOLFF, City Attorney SEP 2 2' 2008 CLAIMANT: FOR: CITY OF ORINDA COUNTY COUNSEL ATTORNEY: OSA WOLFF DATE RECEIVED: SEPNEZ9AW08 CITY OF ORINDA SEPTEMBER 19, 2008 ADDRESS: 22 ORINDA WAY BY DELIVERY TO CLERK ON: ORINDA, CA 94563 BY MAIL POSTMARKED: SEPTEMBER 17, 2008 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. SEPTEMBER 19, 2008 DAVID TWA, Cle Dated; By: Deputy 11. FROM: County Counsel TO: Clerk of the Board of Su erviso s M'IT iis 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 Deputy County Counsel 111. 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. B ARD 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 _ -2*#kDAVID 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. DateOTQj wAp ,2Aoo DAVID TWA, CLERK By Deputy Clerk .Q This warning does not apply to claims which are not subject to t16e California Tort Claims Act such as actions"tii ipverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. _ S Ttjp..¢•/; 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 kF p.o. box 2000 22 orindo woy • orindo colifornio 94563 September 16, 2008 ��C SEP z Mr. John Cullen e[@q 9 Z008 Clerk of the Board of Supervisors �0 RDOFsua Contra Costa County Rq°0srq co visors 951 Pine Street, Room 106 Martinez, CA 94553-4068 Re: Resubmitted Claim for Overcharge for Property Tax Administration Fee for 2007/2008 Fiscal Year Dear Mr. Cullen: The City of Orinda is in receipt of your Notice to Claimant of Late File Claim dated May 16, 2008 ("Notice"). The Notice states that the City's only recourse is to apply without delay to the Board of Supervisors of Contra Costa County for leave to present a late claim. The Notice is accompanied by a document entitled Claim Board of Supervisors of Contra Costa County signed by M. Cooper and dated May 15, 2008, which appears to contain additional information from County Counsel stating that "Claims for money collected are late and claims for proposed charges are premature." We presume that the "proposed charges" referred to relate to the property tax administration fees for the 2007-2008 Fiscal Year. As explained further below, please consider this correspondence a resubmitted courtesy "claim" addressing the 2007-2008 Fiscal Year. The City of Orinda filed a "claim" for overcharge of the property tax administration fee for the 2007-2008 Fiscal Year dated May 9, 2008, signed by City Manager, Janet S. Keeter. That "claim" was submitted to the County as a courtesy. As you are no doubt aware, the City is exempt from the claims-filing requirements of the Government Claims Act pursuant to Government Code §905(i). Your Notice refers only to the Government Code and does not reference any local claims ordinance adopted by the County. In addition, our research indicates that no local claims ordinance is in existence. If there is any applicable local claim filing requirement of which we are unaware, please provide us a copy of same as soon as possible. RESUBMITTED CLAIM Notwithstanding the fact that it is clear that the City need not file a claim with the County prior to the institution of any litigation, in the interest of clarity, the City of,Orinda hereby resubmits its previously submitted courtesy "claim" regarding the overcharge of property tax administration fees for the 2007-2008 fiscal year. This courtesy "claim" is submitted on behalf of the City of Orinda. Notices regarding same should be sent to: General Information Administration Planning Parks A Recreation Police Public Works (925)253-4200(ph) (925)253-4220 (ph) (925)253-4210 (ph) (925) 254-2445 (ph) (925) 254-6820(ph) (925)253-4231 (ph) (925) 254-9158 (Pox) (925) 254-2068(fox) (92S) 253-7719(fox) (925)253-7716(fox) (925) 254-9158 (fox) (925)253-7699(fox) Osa Wolff, City Attorney City of Orinda 22 Orinda Way Orinda, CA 94563 (925) 254-2068 (fax) The County of Contra Costa has charged the City of Orinda property tax administration fees in excess of that permitted by Revenue and Taxation Code section 97.75. 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 administrative cost share instead of calculating the actual incremental service costs to administer the triple flip, the County has overcharged the City of Orinda and has violated applicable state law. The identities of all persons who are responsible for the overcharge are not known to the City at this time. However, the City is informed and believes the persons responsible for the overcharge include, Contra Costa County Treasurer-Tax Collector, William Pollacek, County Administrator/Clerk of the Board of Supervisors, John Cullen, and the Board of Supervisors of the County of Contra Costa. The amount claimed for fiscal year 2007-2008 exceeds Ten Thousand Dollars and any suit to recover such funds would be an unlimited civil case. We understand and appreciate that the Counties and cities in California have engaged in an ongoing discussions regarding these issues, and that the County of Contra Costa and the cities located therein have begun discussion with the County Counsel's Office in an effort to avoid litigation while we try to resolve this issue. We hope to continue those discussions moving forward. Thank you for your anticipated courtesy and thoughtful consideration of this matter. VeR Truly Yours, ( M � vl Osa L. Wolff City Attorney City of Orinda p T CD cr •� � pY ; rf t,.�� . }t .r •r•Y iY i� Mp G / C //( G d G v 0 �O G O "0 7 O6,- o y d O S. •