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XQ Michelle Marchetta Kenyon (SBN 127969)
E-mail: mkenyon@bwslaw.com FILED
Kevin D. Siegel (SBN194787) SAN MATEN COUNTY
E-mail: ksiegel@bwslaw.com
Albert Tong (SBN 208439) DEC 06 2019
E-mail: atong@bwslaw.com
Maxwell Blum (SBN 299336) flor Gourt
E-mail: mblum@pbwslaw.com
BURKE, WILLIAMS & SORENSEN, LLP
1901 Harrison Street, Suite 900 —
Oakland, CA. 94612-3501 f a clv—05387
Tel: 510.273.8780 Fax: 510.839.9104 Dats in Opposition
i iin INA
Attorneys for Defendant
CITY OF REDWOOD CITY
a —-——
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10 SUPERIOR COURT OF THE STATE OF CALIFORNIA
11 COUNTY OF SAN MATEO
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13 FRANCESCA FAMBROUGH, CHRIS Case No. 17CIV05387
TAVENNER, NINA PESCHCKE-
14 KOEDT, EMILIO DIAZ, DAN DECLARATION OF CITY CLERK
SLANKER, DAWN SLANKER, PAMELA AGUILAR IN SUPPORT OF
15 BRENDA SMITH, THUMPER SMITH, CITY OF REDWOOD CITY’S
SUPPLEMENTAL OPPOSITION TO
16 Plaintiff, PETITION TO INTERVENE
17 Vv. Date: December 19, 2019
Time: 2:00 p.m.
18 CITY OF REDWOOD CITY. Dept. 2
Judge: Hon. Marie S. Weiner
19 Defendant.
Action Filed: November 22, 2017
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I,,Pamela Aguilar, declare:
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1 Iam the City Clerk and Custodian of Records for the City of Redwood City
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(“City”). My duties and responsibilities include receiving and distributing claims for damages
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pursuant to Government Code sections 910 et seq
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2. Ihave personal knowledge of the facts set forth in this declaration and, if called as
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a witness, could and would testify competently to such facts under oath
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3 Thave reviewed the City’s records and have attached hereto each and every claim
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BURKE, WILLIAMS &
SORENSEN, LLP
OAK #4814-5 137-8350 v1 -1-
ATTORNEYS AT LAW
OAKLAND, AGUILAR DECL. ISO CITY’S SUPPLEMENTAL OPPOSITION TO MTN TO INTERVENE
filed with the City by any of the Petitioners—Alison Madden, William Michael Fleming, Edward
Stancil, Jedrick Humphries, Alba Lucia Diaz, Jonathan Reid, Tina Reid, and John Chambers—
pursuant to the Government Claims Act between December 1, 2016 and today.
4. Attached hereto as Exhibit A is a true and correct copy of a claim filed by Edward
Stancil on July 31, 2018.
5 Attached hereto as Exhibit B is a true and correct copy of a claim filed by Alison
Madden on November 30, 2018.
6. Neither of these claims contend that the City owes money or damages under the
California Relocation Assistance Law.
10 7 No other claims have been filed by any of the Petitioners from December 1, 2016
11 to today.
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13 I declare under penalty of perjury under the laws of the State of California that the
14 foregoing is true and correct.
15 Executed on the 2 day of November3ois, at Redwood City, California, County
16 of San Mateo.
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Pamela Aguilar
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BURKE, WILLIAMS &
SORENSEN, LLP
OAK #4814-5137-8350 v1 -2-
ATTORNEYS AT LAW AGUILAR DECL. ISO CITY’S SUPPLEMENTAL OPPOSITION TO MTN TO INTERVENE
OAKLAND,
EXHIBIT A
CITY CLERK DEPARTMENT
CLAIM NO. 3263
Redwood City, California
NAME AND ADDRESS OF CLAIMANT: Edward Stancil
1548 Maple St., Box 20
Redwood City, CA 94063
DATE AND TIME OF INCIDENT: April 9, 2018
LOCATION: 1548 Maple St. Slip 4, Redwood City, CA 94063
NATURE OF ALLEGED DAMAGE OR INJURY: Claimant is seeking
reimbursement in the amount of $13,260 for loss of use of Slip 4 at Docktown
Marina.
CLAIM FILED WITH CITY CLERK: July 31, 2018
NOTE: The last Council meeting date within the 45-day deadline for
Denial is September 10, 2018.
For Agenda listing, please notify the City Clerk by September 4, 2018.
COPIES TO: CITY ATTORNEY
DIRECTOR OF FINANCE
— snore
R
CLAIM FORM JUL 31 2018. City of Redwood City
(Please print or City Clerk
eny oi 1017 Middlefield Road
Redwood City, CA 94063
Telephone: 650-780-7220
Fax: 650-261-9102
CLAIM AGAINST [Name of Entity) Red Ww sod oly
Claimant's Name: EO W P. R QD. STAN c€ ic DOB: S/13 (5%
Ctaimants address: (XT F _ LAA fo Ce ST Ship 4 Duck Fouad
Telephone Numbers: (Homie) ESO 29/ + Ga Ss (Work)
AOR
“ee where notices about nn are to Pex
if differ ‘ent from above:
544 Mpple S Redwood cu x. WCE
Date of incident/accident: Dat gE B zr/| 7E. ‘Apart G__ 20/8
Date injuries, damages, or losses were discovered: 24/201%
Location of incident or accident: slif fe DokKhows Tne
What did entityL@
LESspl@
or br
DD pes
do to caus; this injury,
ii
Chaleel
Cae, or loss:!
My SY. COP tSODad)
et
iD Nat teovste,
(Use back of this form or a separate sheet if necessary to arphwer this question in detail] pyoye,
What are. the names of the entity's: eiployees who caused this itmun Le ge, or loss (if kn
MeL ISSA Stevewsen Di AZ| RAID "Rar GEEZ
Coss ©
Seit p AR rd pssaryWY to
What specific injuties, damages, of losses did claimant sive?
OF A baw Vessel CafT PAE
VoL NEAL sper hee this qt Cre eedl
Sap
What amount
OE
of money oh marsala, or if amount is in excess of Toa
Court of Jurisdiction. Note: If Superior and Municipal
On
Sci KEE
Courts are consolidated,yourmust a.
whether it is 4 “limited civil case” (see Government¢ le 910{f]).
a
PoE
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How was this: eek calc}yoo a se itemize}: Left
_ ed Pret x4 fee maior
570 ate,x sheeta! = [3,260
if AECE ary to ans
Date Signed: oot uk SI at 24 A are
{
If sigried bya representative:
Represéntative's Name: Telephone:
Address:
Relationship to Claimant:
August 2010
EXHIBIT B
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CITY CLERK DEPARTMENT
CLAIM NO. 3289
Redwood City, California
NAME AND ADDRESS OF CLAIMANT: Alison Madden
P.O. Box 620650
Woodside, CA 94063
DATE AND TIME: OF INCIDENT: Beginning on or about August 1, 2018
LOCATION: Docktown area and nearby property owned by Strada
NATURE OF ALLEGED DAMAGE OR INJURY: Claimant alleges repeated
trespasses, harassment, threats, vandalism and damage to property of taxpayers
by people living in private lot in the area of Docktown and adjacent property.
CLAIM FILED WITH CITY CLERK: November 30, 2018
NOTE: The last Council meeting date within the 45-day deadline for
Denial is January 14, 2019.
For Agenda listing, please notify the City Clerk by January 7, 2019.
COPIES TO CITY ATTORNEY
DIRECTOR OF FINANCE
RECEIVED
NOV 20 2018
City of Red: ood City, ex rel Port Dept. Seapo Blvd, ex rel City Councit Il; € iff Bf Redwood Cih
respective erks, m rs, E indre onsible individ erein. City Clerk
125 Fee included w/ dr ‘off (cash) (can b or check voice) — pis advise if
of City and, Port is 12 jc idhas lt ble poli of ct
$25 from each, every and all claimants (express written
written Fee Waiver requests excepted).
. Gi im — Presentation of Claim CA Gov. le Secs. etseq.
This document is a presentation of a claim for injury commonly called a “government claim”
and formerly “tort claim” (“Claim”). it pertains only to such claims as are required to be first-
presented and Claimant reserves all rights to assert any excepted of excluded claim all as
provided for by applicable laws.
Alison Madden is Claimant.
Maiden is aware that Redwood City has an optional preprinted form, but it is not mandatory
under state law and cannot be made mandatory. She submits this Claim for the purposes set
forth herein,
Address for response, and Claimant's addreses, and contact info., In general:
Mail: PO Box 620650, Woodside, CA 94062
Email: alisonmadden@yahoo.com
Personal Service: 1548 Maple St, Redwood City, CA 94063
Posting: Slip #26 at-1548 Maple Street.
The para. above.does not waive any obligation to serve any notice(s) or response(s), all as
required and provided for by applicable law, absent:a mutually-signed stipulation as to
particular method.
This “Claim” is presented against a public entity, the City of Redwood City, éx rel, its Port Dept.,
Council, Dept. of Public Works and agencies of the City Manager, City Attorney and related
supporting departments, including without limitation Economic Development, Planning, and .
any agency, person, employee, consultant, contractor or other agent (whether “third party”
and “independent”, or otherwise) acting on behalf of the City, directly or through any division,
department, commission, council, board or other agency.
This includes without limitation and specifically the Council, Port Dept., DPW and OPC, as well
as Strada, and specifically Aaron Aknin, Melissa Stevensoii-Diaz, Terence Kyaw, Xavier Machado
(p?), Veronica Ramirez, all Port Commissioners, the Port E,D., any Port Dept. “harbormaster”
or facilities personnel, Port Special Counsel (and City Attorney) Francois Sorba.
Madden v. Redwood City; Gov. Claim 4 pp.
This Claim seeks “money and damages” per Cal. Gov. Code Sec. 905, but also seeks injunction
and declaratory relief: itis not a timited-civil case, the court action to-be filed if this clainvis
denied shail be an unlimited civil case.
Claim
Within the past six (6) months (well within) and on or about Aug. 1, 2018 it became clear that
the City would press forward with closing Docktown. This Claim is not abaut closirig Docktown
per se. However, on or about Aug. 1, 2018 and continuing through the date of filing this Claim,
the City became aware of the dangerous condition of people living in RVs.in the private lot
belonging to the Strada Group, a San Francisco ‘devetopment firm, form / organization of entity
unknown. The City manages and operates the land-based and water-based aspects of
Docktown Marina. Although the Port has jurisdiction, as advised by Its own City-Attorney
“special counsel to the Port”, the Council has nonetheless usurped the authority of the Port
respecting the water. The land is privately owned, andthe landowners have entered into'a
lease, license or other contractual agreement, whereby the City ex rel. its Council and City
Manager, as well as City Attorney and other collateral and supporting departments, divisions,
agencies and the like, act with, by and for the City and with, by and for Strada to manage the
land end-water at Decktown, again without jurisdiction-to do-so-but-recklessly-as-they-di ss
S:
Specifically since Aug. 1, 2018 multiple people at Docktown including Claimant, have reported
to the City individuals and agencies that have usurped the Port’s jurisdiction, that there is a
menace on the docks arid on the land, in the form of both a dog that is a danger and bites
people constantly, as well as an unwell minor who does not follow adult instructions (parents
or doctors) respecting hismedications and behavior.
This has resulted in the City being aware of, but doing nothing to address, repeated trespasses,
harassment, threats, vandalism and damage to property of taxpayers and Individuals, all to wit
and without limitation:
*multiple instances.of vandalism to.an-outdoor garden — plants-and pots;
*vandalism to property, including throwing an individual's dock steps into the water;
*entering upon individual-owned and City-owned vessels;
*breaking the window of a City-owned boat (heard his mother confirm this);
“turning off electricity to docks.and the shared facility;
*turning off water supply to docks and the shared facility;
*disconnecting water hoses to wash machines in the facility, flooding it when turned back on;
“turning on water spigots to waste water and flood and spray the parking area around the
Harbor Office and the former-Club location;
*on information & belief, entering the Harbor Office to turn on lights, leaving them.on all night;
*blaring music at all hours of the night, above 80 decibels and turning it down as police arrive;
“threatening persons with physical harm including “| know where you live”; “I will hurt you”, “I
will f* @# your mother”, “| will shoot you In the head”;
Madden v. Redwood City; Gov. Claim “4pp
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*making a gun shape with his fingers and pulling the trigger, against his head, to show menace
tothe person he was talking to (to whom he said, “t will shoot you in the head”);
“banging on boats at 1 a.m.;
*walking around all night, from 2-4 a.m. banging RV door, cat doors, perseverating and pacing;
*on information & belief attempting to start fire in the shared facility by vandalizing wires in
the vent fan;
*failing and refusing to keep his dog on a leash, which dog chases individuals and snarls at
them, bares its teeth, charges them and lunges, and bites — it has bitten the skin.or pant leg of
at least ten (10) people. After photos, videos and multiple requests.will walk with it off leash,
have it on leash but drop the leash intentionally, and let the dog bolt out of the boat or RV.
*leave the dog unsupervised on the deck of the boat when owned, where it would jump off and
chase and bite people.
**An animal control case has been filed and the dog got out and chased another person after
the taking of the complaint / animal contro! case by the officer Whitman of Redwood City P.D.;
no case # has been provided, no report nor information to contact animal control by the City,
City Manager, DPW nor Strada.
This is a reservation of rights to supplement andstate additional allegations, this is just the past
few weeks, On information and belief, slashing 4-RV tires of another RV.
Madden seeks to redress lost income, lost sleep, exhaustion, fear, emotional stress and
suffering, and seeks an injunction to prohibit this person RV-living on the private land; seeking a
TRO and injunction against this person from continuing to enter the Docktown land or
dotk/water area. Madden makes this Claim for action on fear and a basis of targeting Madden
and her son, as well as others: Yelis “f*@# you” and “b*#ch’, insults and harasses Madden and
her son without provocation or cause; indeed neither Madden nor her son engages or talks to
this person. He continues to target Madden and her son, and also harasses, vandalizes and
trespasses upon the property of the City and others, and has exhibited an escalating pattern of
behavior
in both degree and breadth.
Additional, further avid / of specific allegations:
1. The City owns or controls the property, directly and through anagreement with Strada
(some is City owned “land swap” land and some is private Strada land under City
management);
2. The City includes alt of the Port Dept, Council and the agencies, depts. Etc. referenced
above. The City has a dangerous and hazardous condition on its hands and a duty to
provide safe oversight and management and security.
There is premises liability;
4. The property Is in a dangerous condition;.
The damages so far.suffered and to be suffered on a continuing basis without
intetvention are proximately caused by the City actions and omissions;
6. The harm is reasonably forseeable risk of the City’s lack of management and oversight,
and indeed criminal negligence and turning a blind eye;
The City’s conduct has been wrongful, negligent, wanton, and even willful/intentional.
Madden v. Redwood City; Gov. Claim 4pp.
8. The City had constructive (first), then actual (upon complaints) notice.
9. The City had aduty to act, both to provide effective security before the instances above;
and since.
10. The City failed to act.
11. Negl legal
igen
duty and premises
ce, lability are the core causes of action, bases of
liability, and remedies sought relate thereto, including injunctive and declaratory relief,
and money damages, all in an amount exceeding $25K and to be proven at trial,
12. All employees, consultants, contractors and agents or representatives of City and Strada
at all times were acting within the scope of their employment of contract and carrying
out government duties, or failing and refusing and/or omitting to do so.
This claim is timely.
submitt
‘lison Madden
Co
Madden v. Redwood City;-Gov. Claim App.
PROOF OF SERVICE
I, Sharon I. Hagle, declare:
Iam a citizen of the United States and employed in Alameda County, California. J am
over the age of eighteen years and not a party to the within-entitled action. My business address
is 1901 Harrison Street, Suite 900, Oakland, California 94612-3501. On December 6, 2019, I
served a copy of the within document(s):
DECLARATION OF CITY CLERK PAMELA AGUILAR IN SUPPORT OF CITY OF
REDWOOD CITY’S SUPPLEMENTAL OPPOSITION TO PETITION TO INTERVENE
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O by transmitting via facsimile the document(s) listed above to the fax number(s) set
forth below on this date before 5:00 p.m.
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Il oO by placing the document(s) listed above in a sealed envelope with postage thereon
fully prepaid, the United States mail at Oakland, California addressed as set forth
12 below.
13 by placing the document(s) listed above in a sealed Overnight envelope and
affixing a pre-paid airbill, and causing the envelope to be delivered to an Overnight
14 agent for delivery.
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O by personally delivering the document(s) listed above to the person(s) at the
address(es) set forth below.
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17 by transmitting via e-mail or electronic transmission the document(s) listed above
to the person(s) at the e-mail address(es) set forth below.
18
Vincent J. Bartolotta, Jr., Esq.
19 Karen R. Frostrom, Esq,
Thorsnes Bartolotta McGuire LLP
20 2550 Fifth Avenue, 11" Floor
San Diego, CA 92103
21 Telephone: (619) 236-9363
Facsimile: (619) 236-9653
22 E-Mail: frostrom@tbmlawyers.com
23 Attorneys for Plaintiffs
24 Iam readily familiar with the firm's practice of collection and processing correspondence
25 for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same
26 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on
27 motion of the party served, service is presumed invalid if postal cancellation date or postage
28 meter date is, moze, than one day after date of deposit for mailing in affidavit.
05674-0068
Burke, WILLIAMS &
SORENSEN, LLP CITY’S RJN ISO SUPP OPPN TO PETITION TO INTERVENE
‘ATTORNEYS AT LAW
OAKLAND
I declare under penalty of perjury under the laws of the State of California that the above
is true and correct.
Executed on December 6, 2019, at Oakland, California.
sharon
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Burke, WILLIAMS & OAK #4845-3 199-6590 v1 -2-
SORENSEN, LLP 05674-0068
ATTORNEYSAT LAW CITY’S RJN ISO SUPP OPPN TO PETITION TO INTERVENE
OAKLAND,
Preview
Vv XQ Michelle Marchetta Kenyon (SBN 127969) E-mail: mkenyon@bwslaw.com FILED Kevin D. Siegel (SBN194787) SAN MATEN COUNTY E-mail: ksiegel@bwslaw.com Albert Tong (SBN 208439) DEC 06 2019 E-mail: atong@bwslaw.com Maxwell Blum (SBN 299336) flor Gourt E-mail: mblum@pbwslaw.com BURKE, WILLIAMS & SORENSEN, LLP 1901 Harrison Street, Suite 900 — Oakland, CA. 94612-3501 f a clv—05387 Tel: 510.273.8780 Fax: 510.839.9104 Dats in Opposition i iin INA Attorneys for Defendant CITY OF REDWOOD CITY a —-—— 9 10 SUPERIOR COURT OF THE STATE OF CALIFORNIA 11 COUNTY OF SAN MATEO 12 13 FRANCESCA FAMBROUGH, CHRIS Case No. 17CIV05387 TAVENNER, NINA PESCHCKE- 14 KOEDT, EMILIO DIAZ, DAN DECLARATION OF CITY CLERK SLANKER, DAWN SLANKER, PAMELA AGUILAR IN SUPPORT OF 15 BRENDA SMITH, THUMPER SMITH, CITY OF REDWOOD CITY’S SUPPLEMENTAL OPPOSITION TO 16 Plaintiff, PETITION TO INTERVENE 17 Vv. Date: December 19, 2019 Time: 2:00 p.m. 18 CITY OF REDWOOD CITY. Dept. 2 Judge: Hon. Marie S. Weiner 19 Defendant. Action Filed: November 22, 2017 20 21 I,,Pamela Aguilar, declare: 22 1 Iam the City Clerk and Custodian of Records for the City of Redwood City 23 (“City”). My duties and responsibilities include receiving and distributing claims for damages 24 pursuant to Government Code sections 910 et seq 25 2. Ihave personal knowledge of the facts set forth in this declaration and, if called as 26 a witness, could and would testify competently to such facts under oath 27 3 Thave reviewed the City’s records and have attached hereto each and every claim 28 BURKE, WILLIAMS & SORENSEN, LLP OAK #4814-5 137-8350 v1 -1- ATTORNEYS AT LAW OAKLAND, AGUILAR DECL. ISO CITY’S SUPPLEMENTAL OPPOSITION TO MTN TO INTERVENE filed with the City by any of the Petitioners—Alison Madden, William Michael Fleming, Edward Stancil, Jedrick Humphries, Alba Lucia Diaz, Jonathan Reid, Tina Reid, and John Chambers— pursuant to the Government Claims Act between December 1, 2016 and today. 4. Attached hereto as Exhibit A is a true and correct copy of a claim filed by Edward Stancil on July 31, 2018. 5 Attached hereto as Exhibit B is a true and correct copy of a claim filed by Alison Madden on November 30, 2018. 6. Neither of these claims contend that the City owes money or damages under the California Relocation Assistance Law. 10 7 No other claims have been filed by any of the Petitioners from December 1, 2016 11 to today. 12 13 I declare under penalty of perjury under the laws of the State of California that the 14 foregoing is true and correct. 15 Executed on the 2 day of November3ois, at Redwood City, California, County 16 of San Mateo. 17 18 oul Pamela Aguilar 19 20 21 22 23 24 25 26 27 28 BURKE, WILLIAMS & SORENSEN, LLP OAK #4814-5137-8350 v1 -2- ATTORNEYS AT LAW AGUILAR DECL. ISO CITY’S SUPPLEMENTAL OPPOSITION TO MTN TO INTERVENE OAKLAND, EXHIBIT A CITY CLERK DEPARTMENT CLAIM NO. 3263 Redwood City, California NAME AND ADDRESS OF CLAIMANT: Edward Stancil 1548 Maple St., Box 20 Redwood City, CA 94063 DATE AND TIME OF INCIDENT: April 9, 2018 LOCATION: 1548 Maple St. Slip 4, Redwood City, CA 94063 NATURE OF ALLEGED DAMAGE OR INJURY: Claimant is seeking reimbursement in the amount of $13,260 for loss of use of Slip 4 at Docktown Marina. CLAIM FILED WITH CITY CLERK: July 31, 2018 NOTE: The last Council meeting date within the 45-day deadline for Denial is September 10, 2018. For Agenda listing, please notify the City Clerk by September 4, 2018. COPIES TO: CITY ATTORNEY DIRECTOR OF FINANCE — snore R CLAIM FORM JUL 31 2018. City of Redwood City (Please print or City Clerk eny oi 1017 Middlefield Road Redwood City, CA 94063 Telephone: 650-780-7220 Fax: 650-261-9102 CLAIM AGAINST [Name of Entity) Red Ww sod oly Claimant's Name: EO W P. R QD. STAN c€ ic DOB: S/13 (5% Ctaimants address: (XT F _ LAA fo Ce ST Ship 4 Duck Fouad Telephone Numbers: (Homie) ESO 29/ + Ga Ss (Work) AOR “ee where notices about nn are to Pex if differ ‘ent from above: 544 Mpple S Redwood cu x. WCE Date of incident/accident: Dat gE B zr/| 7E. ‘Apart G__ 20/8 Date injuries, damages, or losses were discovered: 24/201% Location of incident or accident: slif fe DokKhows Tne What did entityL@ LESspl@ or br DD pes do to caus; this injury, ii Chaleel Cae, or loss:! My SY. COP tSODad) et iD Nat teovste, (Use back of this form or a separate sheet if necessary to arphwer this question in detail] pyoye, What are. the names of the entity's: eiployees who caused this itmun Le ge, or loss (if kn MeL ISSA Stevewsen Di AZ| RAID "Rar GEEZ Coss © Seit p AR rd pssaryWY to What specific injuties, damages, of losses did claimant sive? OF A baw Vessel CafT PAE VoL NEAL sper hee this qt Cre eedl Sap What amount OE of money oh marsala, or if amount is in excess of Toa Court of Jurisdiction. Note: If Superior and Municipal On Sci KEE Courts are consolidated,yourmust a. whether it is 4 “limited civil case” (see Government¢ le 910{f]). a PoE 29 How was this: eek calc}yoo a se itemize}: Left _ ed Pret x4 fee maior 570 ate,x sheeta! = [3,260 if AECE ary to ans Date Signed: oot uk SI at 24 A are { If sigried bya representative: Represéntative's Name: Telephone: Address: Relationship to Claimant: August 2010 EXHIBIT B - CITY CLERK DEPARTMENT CLAIM NO. 3289 Redwood City, California NAME AND ADDRESS OF CLAIMANT: Alison Madden P.O. Box 620650 Woodside, CA 94063 DATE AND TIME: OF INCIDENT: Beginning on or about August 1, 2018 LOCATION: Docktown area and nearby property owned by Strada NATURE OF ALLEGED DAMAGE OR INJURY: Claimant alleges repeated trespasses, harassment, threats, vandalism and damage to property of taxpayers by people living in private lot in the area of Docktown and adjacent property. CLAIM FILED WITH CITY CLERK: November 30, 2018 NOTE: The last Council meeting date within the 45-day deadline for Denial is January 14, 2019. For Agenda listing, please notify the City Clerk by January 7, 2019. COPIES TO CITY ATTORNEY DIRECTOR OF FINANCE RECEIVED NOV 20 2018 City of Red: ood City, ex rel Port Dept. Seapo Blvd, ex rel City Councit Il; € iff Bf Redwood Cih respective erks, m rs, E indre onsible individ erein. City Clerk 125 Fee included w/ dr ‘off (cash) (can b or check voice) — pis advise if of City and, Port is 12 jc idhas lt ble poli of ct $25 from each, every and all claimants (express written written Fee Waiver requests excepted). . Gi im — Presentation of Claim CA Gov. le Secs. etseq. This document is a presentation of a claim for injury commonly called a “government claim” and formerly “tort claim” (“Claim”). it pertains only to such claims as are required to be first- presented and Claimant reserves all rights to assert any excepted of excluded claim all as provided for by applicable laws. Alison Madden is Claimant. Maiden is aware that Redwood City has an optional preprinted form, but it is not mandatory under state law and cannot be made mandatory. She submits this Claim for the purposes set forth herein, Address for response, and Claimant's addreses, and contact info., In general: Mail: PO Box 620650, Woodside, CA 94062 Email: alisonmadden@yahoo.com Personal Service: 1548 Maple St, Redwood City, CA 94063 Posting: Slip #26 at-1548 Maple Street. The para. above.does not waive any obligation to serve any notice(s) or response(s), all as required and provided for by applicable law, absent:a mutually-signed stipulation as to particular method. This “Claim” is presented against a public entity, the City of Redwood City, éx rel, its Port Dept., Council, Dept. of Public Works and agencies of the City Manager, City Attorney and related supporting departments, including without limitation Economic Development, Planning, and . any agency, person, employee, consultant, contractor or other agent (whether “third party” and “independent”, or otherwise) acting on behalf of the City, directly or through any division, department, commission, council, board or other agency. This includes without limitation and specifically the Council, Port Dept., DPW and OPC, as well as Strada, and specifically Aaron Aknin, Melissa Stevensoii-Diaz, Terence Kyaw, Xavier Machado (p?), Veronica Ramirez, all Port Commissioners, the Port E,D., any Port Dept. “harbormaster” or facilities personnel, Port Special Counsel (and City Attorney) Francois Sorba. Madden v. Redwood City; Gov. Claim 4 pp. This Claim seeks “money and damages” per Cal. Gov. Code Sec. 905, but also seeks injunction and declaratory relief: itis not a timited-civil case, the court action to-be filed if this clainvis denied shail be an unlimited civil case. Claim Within the past six (6) months (well within) and on or about Aug. 1, 2018 it became clear that the City would press forward with closing Docktown. This Claim is not abaut closirig Docktown per se. However, on or about Aug. 1, 2018 and continuing through the date of filing this Claim, the City became aware of the dangerous condition of people living in RVs.in the private lot belonging to the Strada Group, a San Francisco ‘devetopment firm, form / organization of entity unknown. The City manages and operates the land-based and water-based aspects of Docktown Marina. Although the Port has jurisdiction, as advised by Its own City-Attorney “special counsel to the Port”, the Council has nonetheless usurped the authority of the Port respecting the water. The land is privately owned, andthe landowners have entered into'a lease, license or other contractual agreement, whereby the City ex rel. its Council and City Manager, as well as City Attorney and other collateral and supporting departments, divisions, agencies and the like, act with, by and for the City and with, by and for Strada to manage the land end-water at Decktown, again without jurisdiction-to do-so-but-recklessly-as-they-di ss S: Specifically since Aug. 1, 2018 multiple people at Docktown including Claimant, have reported to the City individuals and agencies that have usurped the Port’s jurisdiction, that there is a menace on the docks arid on the land, in the form of both a dog that is a danger and bites people constantly, as well as an unwell minor who does not follow adult instructions (parents or doctors) respecting hismedications and behavior. This has resulted in the City being aware of, but doing nothing to address, repeated trespasses, harassment, threats, vandalism and damage to property of taxpayers and Individuals, all to wit and without limitation: *multiple instances.of vandalism to.an-outdoor garden — plants-and pots; *vandalism to property, including throwing an individual's dock steps into the water; *entering upon individual-owned and City-owned vessels; *breaking the window of a City-owned boat (heard his mother confirm this); “turning off electricity to docks.and the shared facility; *turning off water supply to docks and the shared facility; *disconnecting water hoses to wash machines in the facility, flooding it when turned back on; “turning on water spigots to waste water and flood and spray the parking area around the Harbor Office and the former-Club location; *on information & belief, entering the Harbor Office to turn on lights, leaving them.on all night; *blaring music at all hours of the night, above 80 decibels and turning it down as police arrive; “threatening persons with physical harm including “| know where you live”; “I will hurt you”, “I will f* @# your mother”, “| will shoot you In the head”; Madden v. Redwood City; Gov. Claim “4pp -~ *making a gun shape with his fingers and pulling the trigger, against his head, to show menace tothe person he was talking to (to whom he said, “t will shoot you in the head”); “banging on boats at 1 a.m.; *walking around all night, from 2-4 a.m. banging RV door, cat doors, perseverating and pacing; *on information & belief attempting to start fire in the shared facility by vandalizing wires in the vent fan; *failing and refusing to keep his dog on a leash, which dog chases individuals and snarls at them, bares its teeth, charges them and lunges, and bites — it has bitten the skin.or pant leg of at least ten (10) people. After photos, videos and multiple requests.will walk with it off leash, have it on leash but drop the leash intentionally, and let the dog bolt out of the boat or RV. *leave the dog unsupervised on the deck of the boat when owned, where it would jump off and chase and bite people. **An animal control case has been filed and the dog got out and chased another person after the taking of the complaint / animal contro! case by the officer Whitman of Redwood City P.D.; no case # has been provided, no report nor information to contact animal control by the City, City Manager, DPW nor Strada. This is a reservation of rights to supplement andstate additional allegations, this is just the past few weeks, On information and belief, slashing 4-RV tires of another RV. Madden seeks to redress lost income, lost sleep, exhaustion, fear, emotional stress and suffering, and seeks an injunction to prohibit this person RV-living on the private land; seeking a TRO and injunction against this person from continuing to enter the Docktown land or dotk/water area. Madden makes this Claim for action on fear and a basis of targeting Madden and her son, as well as others: Yelis “f*@# you” and “b*#ch’, insults and harasses Madden and her son without provocation or cause; indeed neither Madden nor her son engages or talks to this person. He continues to target Madden and her son, and also harasses, vandalizes and trespasses upon the property of the City and others, and has exhibited an escalating pattern of behavior in both degree and breadth. Additional, further avid / of specific allegations: 1. The City owns or controls the property, directly and through anagreement with Strada (some is City owned “land swap” land and some is private Strada land under City management); 2. The City includes alt of the Port Dept, Council and the agencies, depts. Etc. referenced above. The City has a dangerous and hazardous condition on its hands and a duty to provide safe oversight and management and security. There is premises liability; 4. The property Is in a dangerous condition;. The damages so far.suffered and to be suffered on a continuing basis without intetvention are proximately caused by the City actions and omissions; 6. The harm is reasonably forseeable risk of the City’s lack of management and oversight, and indeed criminal negligence and turning a blind eye; The City’s conduct has been wrongful, negligent, wanton, and even willful/intentional. Madden v. Redwood City; Gov. Claim 4pp. 8. The City had constructive (first), then actual (upon complaints) notice. 9. The City had aduty to act, both to provide effective security before the instances above; and since. 10. The City failed to act. 11. Negl legal igen duty and premises ce, lability are the core causes of action, bases of liability, and remedies sought relate thereto, including injunctive and declaratory relief, and money damages, all in an amount exceeding $25K and to be proven at trial, 12. All employees, consultants, contractors and agents or representatives of City and Strada at all times were acting within the scope of their employment of contract and carrying out government duties, or failing and refusing and/or omitting to do so. This claim is timely. submitt ‘lison Madden Co Madden v. Redwood City;-Gov. Claim App. PROOF OF SERVICE I, Sharon I. Hagle, declare: Iam a citizen of the United States and employed in Alameda County, California. J am over the age of eighteen years and not a party to the within-entitled action. My business address is 1901 Harrison Street, Suite 900, Oakland, California 94612-3501. On December 6, 2019, I served a copy of the within document(s): DECLARATION OF CITY CLERK PAMELA AGUILAR IN SUPPORT OF CITY OF REDWOOD CITY’S SUPPLEMENTAL OPPOSITION TO PETITION TO INTERVENE 9 O by transmitting via facsimile the document(s) listed above to the fax number(s) set forth below on this date before 5:00 p.m. 10 Il oO by placing the document(s) listed above in a sealed envelope with postage thereon fully prepaid, the United States mail at Oakland, California addressed as set forth 12 below. 13 by placing the document(s) listed above in a sealed Overnight envelope and affixing a pre-paid airbill, and causing the envelope to be delivered to an Overnight 14 agent for delivery. 15 O by personally delivering the document(s) listed above to the person(s) at the address(es) set forth below. 16 17 by transmitting via e-mail or electronic transmission the document(s) listed above to the person(s) at the e-mail address(es) set forth below. 18 Vincent J. Bartolotta, Jr., Esq. 19 Karen R. Frostrom, Esq, Thorsnes Bartolotta McGuire LLP 20 2550 Fifth Avenue, 11" Floor San Diego, CA 92103 21 Telephone: (619) 236-9363 Facsimile: (619) 236-9653 22 E-Mail: frostrom@tbmlawyers.com 23 Attorneys for Plaintiffs 24 Iam readily familiar with the firm's practice of collection and processing correspondence 25 for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same 26 day with postage thereon fully prepaid in the ordinary course of business. I am aware that on 27 motion of the party served, service is presumed invalid if postal cancellation date or postage 28 meter date is, moze, than one day after date of deposit for mailing in affidavit. 05674-0068 Burke, WILLIAMS & SORENSEN, LLP CITY’S RJN ISO SUPP OPPN TO PETITION TO INTERVENE ‘ATTORNEYS AT LAW OAKLAND I declare under penalty of perjury under the laws of the State of California that the above is true and correct. Executed on December 6, 2019, at Oakland, California. sharon I. Hi ie 10 li 12 13 14 IS 16 17 18 19 20 21 22 23 24 25 26 27 28 Burke, WILLIAMS & OAK #4845-3 199-6590 v1 -2- SORENSEN, LLP 05674-0068 ATTORNEYSAT LAW CITY’S RJN ISO SUPP OPPN TO PETITION TO INTERVENE OAKLAND,