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HomeMy WebLinkAboutSupplemental - Claim from Jeffrey Paul McMorrowb a . 14 ft yc 90 March 8, 2002 c, M nto Jeffrey Paul MCMorrow, Esq. 0 r Jeffrey Paul MCMorrow, Esq. Dear Mr. MCMorrow, The claim you presented to the City of Seal Beach on the 6`" day of March, 2002 is being returned because it was not presented within the time required by law. See Sections 901 and 911.2 of the Government Code. It is also too late to apply for leave to present a late claim under any circumstances. See Sections 911.3 to 912.2 inclusive, and Section 946.6 of the Government Code. W A R N I N G Subject to certain exceptions, you have only six (6) months from the date this notice was personally delivered or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. A shorter period may apply to claims arising under federal law and this notice does not constitute a waiver of any applicable statute of limitations. 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. Respectfully, Joanne M. Yeo, City Clerk City of Seal Beach Encl. CLAIM AGAINST THE CITY OF SEAL BEACH c t—0I(/ NOTICE TO CLAIMANT �/ A chum should be filed with the City Clerk as as possible after the incident lw occurred. In order ths, c O for damages may receive proper consideration, you an requested to supply the in f.=.ecagedforonboth i of this farm. All material facts should be stated on this form, as it will be the basis of further action uponyou chi !OJ Where space is insufficient. please use additional paper and identify information by paragraph number. Whenclaim' completed, return to: CITY CLERK, City Hall, 211 - Sth Singer. Seal Beach. California 90740. PENALTYCRIMINAL FOR PRESENTING FRAUDULENT CLAIM OR MAKING FALSE STATEMENTS. Every person who, with intent to defraud, preaente forallowaoce or payment anyfalae or fraudulent claim against the City is guilty of a felony. fSe, CALIFORNIA PENAL CODE Section 72.) CLAIMANT Jeffre Paul McNorrow, Esq. TO SEAL BEACH CITY COUNCIL NAME .._........ ._.._.......... Y........_..._........__ ............._........._. 211 Eighth Sweet Seat Beach. California 911740 ADDRESS __.............._. GENTLEMEN: TELEPHONE NO _:,___.._.___.._..........._.... .... ....... The undenigned respectfully submits the following claim and information 1. Past Office address to which claimant desires mations to be sent (if other than above) ............ _......... .._.___.. ........ ... .. ..._.____ .._....._ _........_..._. .. 2. At about ....B.c.00.-P.M, ot0atober... 23._.&..:November....1.31a000.a1_._. _.. .._ — CitY.._Council .._Chambers ..... ...... .... ........ .....__._....,......._. , .... ........................____....._ ... w.w a,aey. r..r 211 8th St. ....._.. . .., ww»»., r w.. s.w•r o o,»... Seal Beach California tiry 4w' an incident on ured for which 1 wive the City of Seel Beach is liable. 3. Indicate how incident happened and why you feel that the City of Seal Reach is liable. See Attachment 3 ....................____ _.... .....__...... . ........ ............ ........._..._..__... C The following permtn were whrwscs to the above described incident: Ren Williams Karen Tarascio a).Paul Jeffers, O" - 5. As..cash of said incident I Ishatalimid A -ream th"I"I'da"091hostions a' I'd. of ... h immi-i" a as Wtoses! . ............... ... ......... . .. ........ ........ . — . ............... .......... . ..... .... ...... Years of '11" I The topmes es eshimiseed smm thated by Disease Wne N/A Treatment —1vW -1 r;;w" iNw 8 BY moment of mW inuries I have ...... d and imvnd she folloariol disabillims. motion and looses: N/A 9. As . fund Of .aid handled' the fe"'a"al sm—F wu occOmaimill to the (.Mooing described PiOsisis)': m) A carmithed dsn.iptioa of she Vd,on, dithassed, the imlitie ..it ..,a., of he decial. mid he cost of spur and '-p4consent, is as fell..$: (PLEASE SLBMIT 2 ITEMIZED ESTIMATES ANDIOR BILLS) W/A (b) Danish, .4 Pir-Pany (if other he, clittild-1) a_. . ......... . .. ... (a) The shme described prcpery maybe seen ........... ........... ............... . Id The foll.vii., a4diii.vill ,..,b conemnin, the accident. d...p. mj.ry andi or ..Mo. hostirted ..e s,,ymhud f., Your ..... .. ... ............ ..... .......... . I I By viTtur, of the foregolo, [am. circumstances and masons. I hereby dftism '"t the ons -I madionable value.) ini"'es dadeshm madi 1. wvaiad, and -hools vio sameaftesor he caudad by Jeffrey Paul MC14orrow, his heirs and assiqns ............. . .... . ... ...... .............. . .. . .. ...... ........ .... . ...... . ....... within the unlimited civil jurisdiction of the Surrfor Court do by mason of mid incident is S ............ — .......... . add herby disk. . elsien W 'he above is do'. I have mad the nation and shismosmils made in the above cL.i. ..it I kii...homene in he ,u, .,,.the best OF any kd..1adF I nqY Me, Modely of add, that the femS..., e, we end S'pacl she day of 4UN . . ........ Seal Beach, California '/ *111;4 Attachment 3 In response to a Complaint for Inverse Condemnation, Declaratory Relief, Quiet Title, Breach of Contract and Breach of Covenant filed by the Rev. Richard Hall, former owner of the Seal Beach Trailer Park, the Redevelopment Agency of the City of Seal Beach and Rev. Hall cancelled the Amended Participation and Disposition Agreement of July 9, 1981 between the Agency and Riverbeach Associates. This agreement was originally intended to protect the trailer park residents by controlling all rent increases the residents might be subjected to until the year 2044. Since its cancellation, rent has increased over 319 in one year alone. Prior to the filing and serving of Rev. Hall's Complaint, the Agency and Rev. Hall were ostensibly negotiating a sale of the trailer park from Rev. Hall to the residents. Councilman Sean ' Boyd was working for Rev. Hall at or around the time the Agency and Rev. Hall were negotiating the purchase price. Mr. Boyd knew that the Agency had monies available if Rev. Hall insisted on a higher price, and it is clear that Mr. Boyd communicated this information to Rev. Hall. Mr. Boyd also voted in favor of the purchase and funding plan while receiving payments from Rev. Hall. As a result of the higher price that Rev. Hall received from the sale, park residents are paying much higher rents than they would have had the sale price been lower. Because of the price demanded by Rev. Hall, the likelihood Rev. Hall would succeed in his lawsuit and the City's interest in maintaining low -to -moderate income housing, the Agency ultimately decided to finance this purchase through the issuance of tax- exempt bonds. In order to garner support and squelch any opposition from the park residents, Agency members and Linc Housing president, Hunter Johnson continually represented that the residents would be the owners of the park at the close of escrow. On October 23, 2000 at or about 8:00 PM, Agency member Patty Campbell statedthat the Agency's effort to purchase the park was a tremendous opportunity for the residents to finally control their destiny, and that the residents would be among a handful of resident -owned parks in the State of California. Ms. Campbell knew these statements were false or was reckless in making these statements, and her intention was to induce all members of the Agency to vote for the funding plan and to silence any opposition to the plan by park residents. The Agency members and park residents reasonably and actually relied on Ms. Campbell's statements. However, park residents are not owners of the park in which they reside, all to their detriment. On November 13, 2000 at or about 8:00 PM, Agency member Dr. Paul Yost stated that the park residents would own the park at the close of escrow. Dr. Yost knew or should have known that these statements were false and misleading. His intention was to induce the park residents into supporting the purchase plan. The park residents actually relied on these statements. Park residents are not owners of the park in which they reside, all to their detriment. As a result of Mr. Sean Boyd's duplicity, park residents have been damaged in the amount that they, as tenants of the Seal Beach Trailer Park, are now paying and will be paying in the future in increased rent payments. As a result of Ms. Patty Campbell's statements and Dr. Paul Yost's statements, park residents trusted that the Redevelopment Agency was justified in not defending the Amended Participation and Disposition Agreement of July 9, 1981 in court and in rushing through a purchase of the trailer park in which the ultimate result is that the residents are "tenants" with no equity in the park and are subject to large rent increases on a yearly basis. The current owner selected by the Agency, Linc Housing, and the current manager chaired by Rev. Hall, community Housing Management Services, are paid a fee from the gross revenues generated by the residents' rent payments but have done nothing to improve the park's infrastructure and have allowed the quality of life in the park to decline. These are the general damages suffered by claimant and others in the park. Special damages incurred by claimant are outlined in Attachment 10. Attachment 10 Linc Housing, the current owner of the Seal Beach Trailer Park and selected by the Redevelopment Agency of the City of Seal Beach will own and operate the trailer park until the bonds and "other financing" are paid off. The Cooperation Agreement between Linc Housing and the park residents suggests that the residents may never become owners of the park. Instead of paying off the bonds issued by the Agency and gaining equity in the land, the park residents are paying rent. Resident homes are much less valuable because residents do not own the land upon which they sit. Claimant has been damaged in an amount equal to the difference in value of his property if he were an owner of the land and the value of his property as it is now that he is merely a tenant, subject to eviction by the owner. Because of the self- dealing of Mr. Sean Boyd, Claimant has been damaged in an amount equal to the difference in rent he is paying now and the rent he would have been paying if Rev. Hall had not made over 1006 profit on the deal. The Agency ostensibly chose Linc Housing to facilitate the management of the park and to purchase the park "in conjunction with" the residents. The language of the Cooperation Agreement and the uncertainty of whether park residents will ever own the park decreases the value of claimant's land for borrowing purposes. Since a lender would like to preserve its security interest or collateral throughout the life of a loan, the fact that the collateral is resting upon land owned by someone other than the borrower creates greater risks for the lender. Claimant has been damaged in an amount equal to the difference between the interest rate he could obtain on a home loan if he were an owner of the park and the interest rate he can obtain now that he is a mere tenant of the land upon which his home sits. Claimant's property value has been damaged because of the unwillingness of the property owner, that was selected by the Agency, and the property manager to make improvements to the infrastructure of the park. $100,000.00 had been set aside for the purpose of making such improvements, but the owner and manager are unwilling to begin the work. Claimant's damages are the difference in value of his property had the improvements been made and the value of his property as the park appears in its present, run-down state. Claimant has been further harmed because of the implementation of a income -based rent structure. Prior to the purchase all residents paid a rent based on the size of their lot. Today, claimant is paying $300.00 per month in rent and is subsidizing lower income residents who are paying as little as $52.00 per month. This inequitable result was sponsored by the Agency and implemented by Linc Housing. Claimant has been damaged in an amount equal to the difference in the amount of rent he would be paying without the subsidies and the amount of rent he is PAY"IJ Y1o.N with the 5ub5idie5 r..w..v..v..v.a -CCM' . JWPNPL- ....var....r.w..w.. DATE M -1:-2002 .r+.r TIME 09:40 .-. P.01 MODE - PEM y TRANSMISSI.N STWT•MPN-11 09:36 END -MR -:1 09:40 FILE NO.- 002 STN NC. Co. PREF 10. --L-ICN N E% EL. rO. 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