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HomeMy WebLinkAboutMINUTES - 07081997 - C22-C27 C. 22 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Order on July 8 , 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None ------------ SUBJECT: Board Proceedings during the Month of June, 1997 IT IS BY THE BOARD ORDERED that the reading of the minutes of the proceedings of this Board for the month of June. 1997 is WAIVED, and said minutes are APPROVED as written. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July 8. 1997 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By ,Deputy C. 23 THE BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY CALIFORNIA Adopted this Order on July 8 . 1997 by the following vote: AYES: Supervisors Rogers, Uilkema, Gerber, Canciamilla, DeSaulnier NOES: None ABSENT: None ABSTAIN: None SUBJECT: Affidavits of Publication of Ordinances This Board having heretofore adopted Ordinances Nos. 97-14 97-15, 97-19 , 97-21, 97-22 , 97-23 , 97-24 Affidavits of Publication of each of said Ordinances having been filed with the Clerk during the month of June. 1997 ; and it appearing from said affidavits that said Ordinances were duly and regularly published for the time and in the manner required by law; NOW THEREFORE, IT IS BY THE BOARD ORDERED that said Ordinances are declared duly published. I hereby certify that this is a true and correct copy of an action taken and entered on the minutes of the Board of Supervisors on the date shown. ATTESTED: July B. 1997 PHIL BATCHELOR, Clerk of the Board of Supervisors and County Administrator By_ ,Deputy CLAIM G a BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA July 8, 1997 Claim Against the County, or District governed by) BOARD ACTION 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 notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant torVili�� Amount: $264,950.00 Section 913 and 915.4. Please note ai nings". CLAIMANT: Nosrat T. Rad JUN 12 1997 ATTORNEY: MARTINUCALIF. S.P. Austin 2065 Newton Way Date received ADDRESS: Concord, CA 94518 BY DELIVERY TO CLERK ON June 10, 1997 BY MAIL POSTMARKED: June 9, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 1261':1997 1L ATC�ELOR, Clerk Deputy CLAM I1. FROM: County Counsel TO: Clerk of the Board of Supervisors Q�) This claim complies substantially with Sections 910 and 910.2. //' Pu s'i j } 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.n 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: /f eLGyY✓t tisfil6/ � l�d/ �9c-C J Ga'��y�O/�E I�f ,..s2,lrc, /� f G.G Dated: ,i� BV: ?7L�2 ?/� 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. { j Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. {/ \} Dated:7- R - 122 7 PHIL BATCHELOR, Clerk, By�Jp,� 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: "7 ! 1 19 yam, BY: PHIL BATCHELOR b��Deputy Clerk CC: County Counsel -� County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the .100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't 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. RE: Claim By Reserved for Clerk's filing stamp Nosrat T . Rad ) Against the County of Contra Costa) 7�,, ] orDistrict) (Fill in name) ) CLERK The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 264 g5n _ nn and in support of this claim represents as follows: qpe attached list of item; i. 'r7iYrlt uiu w2 ua:uEy':: vi Ln_':i}' ...:C.S (CI.,. ..,.c..... w. and hcL'r) On or about August 1st , 1996 at approximately 0930 hours 2 . Where did the damage or injury occur? (Include city and county) 1431 Cedar Lane , Alamo , CA-Contra Costa County 3. How did the damage or injury occur? (Give full details; use extra paper if required) County had my house and property destroyed . Did not do an inventory of property within . See attachement . 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? County stated that they would build a fence and-- bill me and that was not done . Other houses had the same violation but county ' s representative said that they would not act on them . (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? ( 1 ) Larry ' Hogan-Building Inspector ( 2 ) Franklin Lew-Director of Inspections ( 3 ) Anthony E'nea-Counter Admin ( 4 ) Supervisors : Rogers , Smith , Torlakson & DeSaulnier . 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage house , pool , driveway , decking , fencing , one bedroom pool house & listed property was totally destroyed . County did not do inventory . . 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) The house itself was for the insured amount , the other items by the approximate costs to replace them . See attached list . 8. Names and addresses of witnesses, doctors and hospitals. Sima T . Austin 2065 Newton Way , Concord , CA 94518 Sergeant P . Austin 2065 Newton Way , Concord , CA 94518 . 9. List the expenditures you made on account^of this accident or injury. DATE TIME AMOUNT Approx 08/21 /96 $ 1500 . 00 Victor J . Conti Attorney-at law Gov. Code Sec. 910. 2 provides "The claim must be signed by the claimant or by some person on his SEND NOTICES TO: (Attorney) behalf. " Name and Address of Attorney ) Representative : ) S . P . Austin ) (Claimant's Signature) 2065 Newton Way ) 1487 Danville Blvd , Alamo , CA94507 Concord , CA 94518 ) (Address) Telephone No.510-691 - 1816 ) Telephone No. 510-838-9696 iV17111:� 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 ($1, 000) , 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. Nosrat T. Rad Claim June 8, 1997 Item#3 How did the damage occur? The property was located at 1431 Cedar Lane in Alamo. There are approximately 10 homes on this lane with each home site approximately %2 acre in size. The way lane is situated off of Danville Blvd, one would have to know that it existed and that there were houses on it because it did not appear as a place that one just happened upon without prior knowledge of it's existence. I have attached a photograph of the entrance of this lane for clarification and identification. There are a number of houses in this area of Alamo that started as small places on large lots many years ago. The owers of these houses either remodeled these houses or sold them to others who remodeled them. Some of these house were remodeled without the benefit of permits. If the original records were pulled on these houses, the evidence would show that they are substantially larger and more complex than they were when they were first entered into the records. Many of them have pools that do not adhere to the current rules and guidelines issued by the county. I was informed by one of your inspectors, a Mr. Larry Hogan, that the county was not proactive in it's enforcement and only responded to written complaints. This response was to my questtion as to why the other houses that were in violation were not cited and also demolished. I have enclosed a copy of that response and marked it as enclosure # 1. The county inspector's office reports that they had a written complant against my place at 1431 Cedar Lane, Alamo, CA. On or about 01/12/95. The particulars of that written complaint are not known since I never received a copy of the actual complaint nor the name of the person making it. I did receive a copy of the log of the complaint as it was written from what seemed to be a verbal complaint that was perhaps taken over the phone by a county representative who placed the name "Tim" in the area of the Building Interoffice form. The form indicates that the house was left open and that there were no windows. It also said that there were construction with out permits. Neither of these complaints were true. A copy of that logged complaint reference is attached as enclosure #2. Evidently there must have been some additional information regarding the fencing for the swimming pool that was in the rear of the house. This pool could not be seen from the front of the house because of the fencing and the location of the pool behind the house which prevented anyone from seeing it. There are no schools near by and this is not a well traveled area which would attract children. I was later told that the place needed some fence work to be done. I had that work done to erect a cyclone fencing gate for the right side of the house when viewed from the driveway. I also paid for the prunning of trees and a general clean up of the yard. My neighbor on the right side asked that a small tree be cut because it was allowing leaves to fall on his side of the fence. That tree was cut down and the wood was stacked along side of the fence. I was later told that if I did not put a four(4) foot fence around the pool itself, the county would do it and bill it against the property. Somethime during the course of all of this we had plans drawn up for a major remodel at a cost of$3,500.00. We submitted it for approval and were told that it had to be modified. We then had it modified but we requested a variance. This variance was ultimately denied because of the objection of members of the Alamo Improvement Association. Soon afterwards, the county stepped up it's actions on the property regarding the pool. I had enlisted the assistance of Mr. Jim Copeland of Alamo Realtors to obtain offers for sale of the property. His signs were still up when the demolison was done in August 1996. The county decided that my property would be destroyed instead of having to put up a fence and billed me. Apparently the reasoning was that paying $16,000 for someone to destroy my house was far less expensive than putting up a four foot fence around a pool. I wrote letters to Mr. Hogan and to Mr. Lew regarding this matter but there were no satisfactory answers as to why the county had elected to do what they did. Since the county destroyed the property, the insurance company did not pay for the damages. The county also failed to have an inventory of the property done and did not secure my property as I mentioned to Mr. Hogan in my letter. He did not have an answer as to why the county did not inventory and store my property. When I checked with other cities regarding this matter, they indicated that they would do an inspection and inventory. They would then store the property at the owner's expense until it was claimed by the owner. The county did not do this. They even destroyed the for sale signs and everything that was the lot. The property list is attached as enclosure #3. 1 have also attached a series of photographs of the house and parts of the lot. These photos are to show what the house and pool looked like. I am certain that the county has a dossier on this case which should contain copies of the letters written regarding this issue. If any additional information is required, you may contact S.P. Austin at 510-691-1816. His address is 2065 Newton Way, Concord, CA 94518 and his fax number 510-691-1418. Nosrat T. Rad Building Inspection DepartmentContra Franklin Lew c.s.o.ae Director of Building Inspwfim PROPERTY CONSERVATION DIVISION Costa NEIGHBORHOOD PRESERVATION PROGRAM U st 651 Pine Street, 41h Floor County Martinez,California 94553-0152 PCD (510 335-1111 1 ) NPP (510)335-1137 0 FAX (510) 646-4450 ,( !��• January 8, 1997 Nosrat T. Rad 1487 Danville Boulevard Alamo CA 94507 RE: 1431 Cedar Lane, Alamo CA APN: 192-041-004 REF: R17950036 Dear Property Owner, Thank you for your letter of 28 December 1996, although it does not accurately recount this departments involvement with your property I will address your concerns seriatim: This department is not aware of any previous written correspondence from you. Mr. Victor J. Conti representing himself as your attorney reviewed your file and received requested copies of documents pertinent to referenced file on 21 August 1996. Telephone conversations with"Claims Adjuster'from your insurance company during month of November 1996. No additional information requested. Contact with owners of property both written and by telephone, beginning 25 January 1995, as documented in file. This department is not pro-active, we respond only when written complaints are submitted. Window condition not violation. Roof condition not violation. This office was informed by telephone on 24 February 1995 by individual representing himself as the "owner" that "he will secure pool, plans to remodel in spring". Pool area remains unsecured until demolition performed. Windows and doors not at issue with the exception that the sliding door off kitchen area was not secure. File is a matter of public record. This office has no obligation to lending agency other than notification of same, occurring on 22 June 1995, 2 January 1996, 23 February 1996,22 August 1996 and 29 October 1996. __Y ur attorney was fully apprised of sequence of events. Very trruly-y urs, rr Flo Building Inq ector II LH:dcf BUILDING INSPECTION INTER-OFFICE PRELIMINARY H-FORMICOM PLAINT INFORMATION DATE_ lt(2L NAME OF PERSON MAKING COMPLAINT 11.31 ct,d r L. r7-a- PHONE NUMBER NATURE OF COMPLAINT DOCUMENT UST SCREEN VERIFIED? YES PLEASE COMPLETE THE FOLLOWING: ADDRESS OF ALLEGED COMPLAINT-J-q-jL— 0,z*qn.- OWNERS NAME ASSESSOR PARCEL NUMBER STAFF TAKING COMPLAINT ACTION TAKEN BY PERSON TAKING COMPLAINT PERSONAL CONTACT MADE AT PROPERTY? YES_ NO_ IFSO, WITH WHOM PROPERTY CONSERVATION DIVISION FOLLOW THROUGH DATE APN# 0E ON: UE R10 DAY LETTER---- SETUP 10 DAY FOLLOW-UP POST STOPWORK114TC POST SUBSTANDARD BUILDING START ABATEMENT__ OTHER ACTION COMMENTS— REVIEWED BY MANAGEMENT DATE Nosrat T. Rad's Losses Due to Demolition I have included a list of items lost as well as a cost for the item. The other direct costs such as legal assistance in pursuing this claim are not included because the exact costs are not known at this time. This may be settled by arbitration or negotiation. There are other possible expenses related to the case that may not have been stated here. This does not mean that efforts will be made to obtain reimbursements for these adiitional expenses. ITEM ESTIMATED VALUE HOUSE AT 1431 CEDAR $165,000.00 BRICKWORK $7,500.00 SWIMMING POOL $35,000.00 POOL PUMP & FILTER $1,500.00 MISC POOL EQUIP $500.00 SOLAR POOL HEATING $4,500.00 COSTS OF PLANS $3,500.00 PLAN REVIEW-REDRAW $2,500.00 MISC TOOLS $3,000.00 SPOTTING MACH BOARD $1,500.00 SUZZI DRY CLEAN $2,500.00 SIX TOILETS $600.00 500 GALLON H2O HEAT $1500.00 THREE BICYCLES $1,500.00 REFRIGERATOR $750.00 STOVE $450.00 DISHWASHER $300.00 GARBAGE DISPOSAL $60.00 SEPTIC SYSTEM $5,000.00 PAINT $500.00 LUMBER- 2"X8"X12 $750.00 ITEM ESTIMATED VALUE 12" CERAMIC TILE $1,000.00 MISC CLOTHING $2,200.00 BRASS LAMPS-FRONT-2 $550.00 ASH KITCHEN CABINETS $5,600.00 REDWOOD DECKING $3,500.00 LANDSCAPING $4,500.00 TABLE & CHAIRS $400.00 STEAM IRONS-8 $800.00 DEMOLITION FEES $12,000.00 TOTALS $264,950.00 The Board of.Supervisors Contra aow am ' .rid County Administration BuildingCaxft 335-1900br Costa 651 Pine Street, Room 106 C t I Martinez,California 94553-1293 County An Roe ,1sr Dbvia E:... ..._DA dY»S.uiernr,4+M Dietrkt Da fWMr,3rd Disbid I%*DMaWnier,4M DoWid -- bw C noM M4,6M Wtritl Y\� 4 nQ y srq.CO fl'n � March 6, 1997 Mr. Nosrat T. Rad 1487 Danville Boulevard Alamo, California 94507 Dear Mr. Rad: In response to your inquiry dated February 19, 1997 , enclosed is a form for filing a claim against Contra Costa County. The claim is to be filed with the Office of the Clerk of the Board at the address as noted in the instructions of the claim form. Yours very truly, Jeanne O. Maglio Chief Clerk jom Enc. cc: Building Inspection L. Hogan County Counsel Nosrat T. Rad 1487 Danville Blvd. Alamao, CA 94507 February 19, 1997 RECEIVED FEB [ 8 M? CLERK BOARD OF SUPERVISORS Contra Costa County Clerk Recorder's Office CONTRA COSTA CO. P.O. Box 350 Martinez, CA 94553 RE: reimbursement for destruction of property both real and personal at 1431 Cedar Lane, Alamo, CA 94507 APN: 192-041-004 REF: RF950036 Claims department: I am requesting your assistance in obtaining the person or persons that I must contact to make a formai claim against Contra Costa County for the destruction of my home and my personal property at 1431 Cedar Lane, Alamo, CA on or about August 1, 1996. There was a dispute as to what should have been done to correct some repairs to a fence and to place a fence around a swimming pool that was in the rear yard. I had been trying to get a variance to do a complete rebuild of the property. That variance was denied and immediately there after my place with all of my property within was destroyed on orders from the county. I do not see why the county just didn't build the fence and bill me for it. They billed me tearing down my property. The property was located on a lane that one would have to know was there because otherwise it would have been difficult to find by just wandering around Alamo. There was also personal property that has not been accounted for. The county made no effort to inspect it nor protect my personal property when they ordered everything destroyed. Is this the way that the county is supposed to operate? All other places that I have checked stated that they inspected the property and secured all of the personal property and sent the storage bill to the owner. Why did the county not do this with me? I was told that the county does not proactively search out places to enforce the codes but will do it upon a written complaint. I was told that even if they saw places that were not in compliance, they wouild not cite them if they did not have a written complaint. I am requesting an investigation into this and I am requesting that the county reimburse me for my losses related to the property, my personal property, the costs related to the purchase of plans and permits and any and all legal costs related to this case. Sincerely, i v Nosrat T. Rad CLAIM C . p,L " BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA July 8, 1997 Clain Against the County, or District governed by) BOARD ACTION 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 notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $35.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Robert J. Olson ATTORNEY: Date received ADDRESS: 232 Cypress Hills Court BY DELIVERY TO CLERK ON June 9, 1997 Danville, CA 94526 BY MAIL POSTMARKED: June 7, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppl{IL ATCNFiELOR, Clerk DATED: June 12, 1997 BY: �eputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors (\v! ) This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAIL$ 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: �JA �� �� BY: � rzGlG'�l�"" _ A 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. BOARDD ORDER: By unanimous vote of the Supervisors present ( /) This Claim is rejected in full. ( ) Other: 1 certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: -7- 1- /79Z_PHIL BATCHELOR, 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: -7 /c/F7 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or, to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for -death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. 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. � * :r s a � a � • • � r * r ■ r a r � r +t :e � � ■ ■ * � ■ +F � +r � � +r � ■ a * � � ■ r RE: Claim By ) Reserved for Clerk's filing stamp 1�0 6�2T J, CTLs©nt RECEIVED Against the County of Contra Costa ) ut - 9 1997 or ) CLERK BOARD of SUPERVISORS District) CgNTaA COSTA CO _ Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ •3-T,cv and in support of this claim represents as follows: ----------------------------- --------_----------------------------- 1. When did the damage or injury occur.' (Give exact date and hour) 613 k-7 - /© 4M 2. Where did the damage or injury occur? (Include city and county) �0. fJ�A�t.v y�� L&� C C_o4JTe,,9 (fCs771 _cd_ 3. How did the damage or injury occur? (Give full details; use extra paper if required) tII ER r uJE2E 6 M ()S/NG &(JE16J i5oY7 S ___-- 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? US f tv G ff t/J E D f4 7 Y'2 (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? �2�uJ 6P FF C Fe(eog; r q ri) W P!S IVR 41 C40(,e T_W/35-_PU6U6, (41a2lCS G bo M �3!3_7000_- fv chyC 5. What damage or injuries do you claim resulted?(Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any p spective in,ury or damage.) S.N �_____-~ Names and addresses of witnesses, doctors and hospitals. N_� Al°vf 33,s- 1 ` 4Y tV4-f n) i- c46J,E0 3C3 -76n _ T WAs_'ra c-o� odno Ge_ 9. List the expenditures you made on account of this accident or injury: '56117- 1 DATE ITEM AMOUNT In E TH/5 Yrl(�/r1 Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorneyla (ClaimantM Signature Z.3 Y G y Ess 41" s CT ?Ass i`I A: X11 Lam. . CfF 9�f S � Telephone No. Telephone No. �0' �3�- %c v„ • * * * * * * * * * * * * * * * * 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 ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($109000, or by both such imprisonment and fine. 1 MIRRORS - STOREFRONTS - WINDOWS - AUTOGLASS PATIOOOORS INSURANCE REPLACEMENTS INVOICE DISCOUNT GLASS 77 FRONT STREET, DANVILLE CA, 94526 PR[Ilx INVOICE NO. 837-8282 LF. r) 11,, "We Discount Everything but Quality " BILL TO: Joh Name ,C.. Job r - Add,ess City _ T . -D--K-7C-UST, PHONE WILL OEIIV ER GATE PROMISED CUSTOMER ORDER NO. OR DER EO BY 900 BY CALL � v DESCRIPTION AMOUNT L A B O R HOURS RATE LABOR AMOUNT TOTAL MATERIAL .., TOTAL LABOR TAX TOTAL Completed Date TOTAL By: Completed LABOR 1 hereby 'acknowledge the satisfactory Received PLEASE PAY + completion of the above described work. By: THIS AMOUNT 7 TERMS: NET 30 DAYS. 11h PER MONTH LATE PAYMENT CHARGE ON BALANCES 15 DAYS OR MORE PAST DUE. ANNUAL PERCENTAGE RATE 18%. ON ACCOUNTS REFERRED FOR COLLECTION OR LITIGATION,REASONABLE COLLECTION OR ATTORNEY FEES AND COURT COSTS WILL BE PAID FOR BY THE CUSTOMER. ALL CLAIMS AND RETURNED GOODS MUST BE ACCOMPANIED BY THIS INVOICE. CLAIM C . g- BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA July 8, 1997 Claim Against the County, or District governed by) BOARD ACTION 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 notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Estimate of Repair 116.91 Section 913 and "Warnings". CLAIMANT: Kenneth Bottomly/Richard Garcia JUN 16 1997 AT70RNEY: COUNTY COUNSEL Date received MARTINEZCALIF. ADDRESS: 1479 Balhan Drive #202 BY DELIVERY TO CLERK ON June 13, 1997 Concord, CA 94521 BY MAIL POSTMARKED: June 12, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 16, 1997 pp IL ATCHHELOR, Clerk Btl: p ty CLO I1. FROM: 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: BY: eputy County Counsel 111. 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. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. /� n Dated: BATCHELOR, Clerk, By. U.� X -��d, gyp. a 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: 7 - BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A, Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the .100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov* t 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. RE: Claim By Reserved for Clerk*s filing stamp ECEIVED ) Against the County of Contra Costa) UN 3 M or ) [CLE(FRKBOARD OF SUPERVISORS District) TRA COSTA f.0. (Fill in name) ) The undersigned claimant hereby makes claim against the County of Cc:tra C .ata or the ?-hn•,P-namP�i District in the sum of and in support of this claim represents as follows: 1. Wnen did the damage ac i;ijucy (Gives exact data and :c*%) ZA tl0 ' 3o Alm , 2. Where did the damage Ior injury occur? (Include city and county) --41 Cos111 3. How did the damage or injury occur? (Give full details; use extra paper if required) 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? I • I, $P`I� 1i q3% Sotl�l 1- 50W1� S�IIIZ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) 8. Names and addresses of witnesse , doctors an hospitals. 9. List the expenditures you made on account of this accident or injury.DATE TIME AMOUNT RRRRRRRR###RR####RR####RRR#R####kARRR###RRRRkRR###kkkRR###RRkiRR##R Gov. Code Sec. 910.2 provides "The claim must be signed by the claimant or by some person on his SEND NOTICES O O behalf, " Name and Address of Attorney (Claimant's ature) (Address) Telephone No. ) Telephone No. R####kR###tk###i#k###kkR###kkRR##tkkk###i#kkkkk####k#kkkkAARRRRRRAR s1JTZ--^,S 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 ($1,000) , 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. PRODUCT 660 N 9 a I Page of Pages °TQ It Right The First T7me- 75 Lauritzen Lane iCCH, CALIFORNIA S 7 U. 778-4455 ti NAME i / ° - PHONE DATE � ` .- !�'�, -� .2'f �.�'i ` f r E. , ' yri�`s✓ .». T '•A , s, _ T�/f y STREET CITY YEAR COLOR MAKE MODEL RFGISTFi�,TiON�NOj. F,,. „q SERIAL NO. ODOMETER ESTIt.}474PARED By INSURANCE CO. ADJUSTOR REPLACE REPAIR DESCRIPTION PARTS LABOR REFINISH SUBLET' , f TOTALS Theabove is an estimate based on our inspection and does not cover any additional parts or labor which may be required after the TOTAL PARTS . . . . . . . . . . . . . . . $ work has been started. Occasionally, worn or damaged parts are discovered which may not be evident on the first inspection. TOTAL LABOR . . . . . . . . . . . . . . . . . $ Because of this, the above prices are not guaranteed. Quotations TOTAL REFINISH . . , . . . . . . . . . . . $ on parts and labor are current and subject to change. TOTAL SUBLET . . . . . . . . . . . . . . . . $ — AUTHORIZATION FOR REPAIR.You are hereby authorized to ' make the above repairs: TAX . . . . . . . . . . . . . . . . . . . . . . . . . . $ SIGNED: TOTAL. . . . . . . . . . . . $ DATE: ._ .— CLAIM C A� BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA July 8, 1997 C1aim,Against the County, or District governed by) BOARD ACTION 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 notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $200.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT:Cynthia Williams ATTORNEY: Date received ADDRESS: 603 39th Street BY DELIVERY TO CLERK ON June 6, 1997 Richmond , CA 94805 BY MAIL POSTMARKED: June 5, 1997 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHpIL gATCpELOR, Cler D DATED: June 12, 1997 B1: oeputy ( )AU .J II. FROM: 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: off'% BY: -<<�'��� %J z ��� �' Deputy County Counsel 7 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. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: '7 - - H 7 7 PHIL BATCHELOR, 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: 122 7 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator Clamc to: HOARD OF SJPERVISORS OF CONTRA COSTA COUNTY INSTROCTIONS TO Ci.ADONT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person • or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause Of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. 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, 551 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,'. �t � • � � � � � xftr r � r • * it +� � � * ct � � * a � � nr �r * * • * � • r � ■ +FxsE � RE: Claim By ) Reserved forerW filing stamp bN IM W►� iiq MS = RECEIVED 205 ff%ltTod 57 tf Against the County of Contra Costa 1997 or ) CLERK BOgRD OF SUPE1 ui;QRsh District} CONTRA COSTA le Fill in name } The undersigned claimant hereby makes claim agai�nist the County of Contra Costa or the above-named District in the sum of $ „ and in support of this claim represents as follows: 1. !When did the damage or injury occur? '(Give exact date and hour) 119 q 0 11 N6 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if required) R lg-tx Yv'l A14 rt�m' /r/i>1Y (a3e,1 4-r6 nl sla��T' EtC,� �/� k iT 1N rte,?` _5 Y3 T> �i�,�t/' 1�7 T b dF 7 ,GXr 7_� p �k" L6t-J77)ar1r,1410AJ � 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? NtN /nfrfi�i ,al ' �l` C z F-P&A j yt ; y M-15 Gc'bi� j Ai'i>1 51 fly �' u4 714a ioN, :j jar 0 ' lNrc, --774jG- j. wnat are the names of county or district officers, servants or employees causing the da:_--:ae or injUrll� brm x,45-r�4 C'c�t c ry 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. t / .�-M6�E,� �v4-r �qr "ca t AD Z. l VMM{tC E TO W Re1_1r1__L Cci✓ .� KIr 7. How was the amount claimed above computed? (Include the estimated amount of any G� prospective injury or damage.) NGCnUCwbNI MJF --i i�CdS�1Ve -2 � co5T C-E �:'f CSF id A.lFJu 12tf:L7 �ct1 i 5 1- t_.Ys�bzs2_t riP_b, 8. Names and addresses of witnesses, doctors and hospitals. �{ �yU ")-J-Ns ` .05 f�46t+,VbN �`?��G /AWtl+'� F �1� x'1 5 � llinlf� 9. List the expenditures you made on accxnant of this accident or injury: DATE ITa4 -" Al Mn �/'7 NSWso 7 Gov. Code Sec. 914;2 provides: "Th claim must be si by the claimant SAID NOTICES TO: (Attorney) or Aw s n " Name and Address of Attorney Clair t"s Signa �ttddress_ �- Telephone No. Telephone No. N 0 T I C E 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 ($1,000), 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 sach i ris3 rent and fins. i 71 j fiGr HVU Ufa *)k0r;791At !' 7EL(l 75I • 1'� F ��'UD 7j7 fEX� LOS Iq &,q' , fbT , T /n '' --I&PA) /r- T GCT 7v 14 ft kf l 6) s'i& ['/ cz, �F % 7T1 ( 71'c� z>>)S No aw/)/n/ 1)cmog1 ) o&/ -Tt�- 0714 ' 101117E -SWP, _"T_ -7/%f n% Wolz : -1 I�iC-40,e a� ('gin - ("' i 0 1t1.-; -37� rP (1,YV ^Wt-. i ��� 111141 � " /%file eFT eLpp -rCWtO4,s ' f2inoei) T" /51&_D "F /IA' Vel 1fk7-L / 11C) %� ✓ � ,C �tN�; � , 1a✓1�ily �� i - -S�y �T, hyD��CD� rii�T Zfi 1S 1 �IrL1� !!av(� eZ1 i l�lA�rNFz C��� (�F ll/9 rc-TliY�S�- 72) )c&4,- ¢- &AJrV- 4&6kP. G cF F Fti'T) ovr' Zd-1 Ftp= C; I AIRMEb /�M!5E- J:rNl> PiM49 (OF C ok)AJ -T,e F -7'lbokS)Mfj3C.�f Fob k'O >,e ?,(b/Le- 7a --OPIECE OF 6we6 ZS i^1 My ynel> , �� CAN 6P7 vleAIGt> By ckilIH:S � i IU- n- Clo lbrS6Z,90A/ n's W � I I i M CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA July 8, 1997 Claim Against the County, or District governed by) BOARD ACTION 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 notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $500,000.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Felicidad Matos, individually and on behalf of the Estate of Fonseca Matos ATTORNEY: Martin T. Gonsalves Attorney at Law Date received ADDRESS: 511 West 'Third Street BY DELIVERY TO CLERK ON June 6, 1997 Antioch, CA 94509 BY MAIL POSTMARKED:June 5 1997 Certified Mail P1121591 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pp gB GATED: June 12, 1997 BgIL BATCHELOReputy_ , Clerk CL (ILLW II. FROM: County Counsel TO: Clerk of the Board of Supervisors ('k) 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: 44yll- .4.W6 ,i f �, 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 ( J ) 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: 7- - /'77Z PHIL BATCHELOR, 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. /ln \\ Dated: _7- �V� BY: PHIL BATCHELOR by L U J Deputy Clerk CC: County Counsel County Administrator MARTIN T. GONSALVES ATTORNEY AT LAW DATE: June 5, 1997 TO: Clerk of the Board of Supervisors County Administration Building 651 Pine Street, Room 106 Martinez, CA 94553 RE: Matos vs. County of Contra Costa ENCLOSURE: Claim Please file the enclosed original document(s) and return the copies in the self- addressed stamped envelope provided. Please forward the enclosed document(s) to the appropriate Judge for review and signature, file the original and return the copies in the self-addressed stamped envelope provided. Enclosed to cover the filing fees, please find our check in the amount of Please record and return the enclosed document(s) in the self-addressed stamped envelope. Enclosed to cover the recording fees, please find our check in the amount of Other: Please contact our office if you have any questions or comments. Thank you for your courtesy and cooperation in this matter. Sincerely, xa� Esther Castillo, Legal Secretary to MARTIN T. GONSALVES 51 1 WEST 3RD STREET, ANnoCH, CA 94509 (5 10) 757-8300 FAX (5 1 0) 757-9418 cld= to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT . A. Cliims relating to causes of action for death or for injury to person Or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the .100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't 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. V. 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. ##i•#i########i#####A#####itiii##ilii#i#i•#iii#i##iiti#i4###iiiiii####ii RE: Claim By Reserved for Clerk's filing stamp FELICIDAD MATOS, individually and on behalf of the Estate Of FAUSTO DA FONSECA MATOS ) Against the County of Contra Costa) or ) - 6 097 District) CLERKBOA7'6OFSUPERVI SORS (Fill in 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 $ 500,000.00 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hnur) December 23, 1996, at 6:04 p.m. 2. Where did the damage or injury occur? (Include city and county) In the crosswalk on Highway 4, at Norcross Avenue in the town of Oakley, County of Contra Costa, California 3. How did the damage or injury occur? (Give full details; use extra paper if required) See attached Police Report 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Failure to properly light the crosswalk, inadequate lighting, negligent Highway design. (over) ..I. n1\Q\. GLG V\\G •1NM1G w� VL VVM\\y�' VL M}✓ri luy VLLt✓tea✓, ✓ra .u.,yq Vi employees causing the damage or injury? Unknown 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ) Claimant Felicidad Matos, watched in horror as her husband of over 50 years was struck and killed by an automobile as he crossed Highway 4 in the crosswalk. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) Loss of love comfort, & society together with loss of economic compensation. Negligent infliction of Emotional Distress, since Felicidad Matos witnessed the death, S. Names and addresses of witnesses, doctors and hospitals. See Police Report 9. Lis-1- the •C-aper iitu es you made on account of this accident or injury. DATE TIME AMOUNT Uncertain Gov. ode Sec. 910.2 provides "T la m must be signed by the c i or by some person on his ND NOTICES TO: Att e b Name and Address of Attorney ) MARTIN T. GONSALVFS, SBN 111552 ) iq Attorney at Law ) aimant's at re) claimant 511 West Third Street ) TIN . GONSALVES, A Antioch, CA 94509 ) 511 West Third Street (Address) Antioch, CA 94509 Telephone No. (510) 757-8300 Telephone No. (510) 757-8300 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 ($1,000) , 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. ..:u a'�Y..{..VLLLJIVI\ L�C�CVl'LI P'WL � OF ..�C� •SyFtR.A[.CAF NO INJ HCA FE(. DISTRICT NUMBER FATAL O INC DEWA MUNI KILL HRR M6D COUNTY DIST BEAT 12-314 CONTRA COSTA 405 c•surB: oTVRscNL COLLISION OCCURRED ON: MO DAY YEAR TIME(MW NCIC/ OFFICER I.D. 1 L SR-4 (MAIN ST. ) 112123196 1804 9320 010179 c A MRFF057 INFORMATION-. DAY OF WEER TOW AWAY PHQTOGRAPHS BY; T MONDAY []YEs pq No N (I ATINTERSECTIONWITM STATE HWY REL OR.III 10 feet E of NORCROSS HANE rEs No NONE PARTY DRTYERS LICENSE NUMBER STATE CLASS SAFETY VEH YR MAKEfMODEL COLOR LICENSE NUMBER STATE 1 IN2696598 CA C G 85 TOYOTA PICK UP BLUE 2R36183 CA . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DRIVER NAME(FIRS7,MIDDLE.LASTS ROBERT FLOYD COX JR T�T PEDES STREET ADDRESS OWNER'S NAME Ty SAMEASDRIVER TR 4780 DUARTE AVE TK�rT PARKED CTTY/STATE/W OWNER'S ADDRESS E» SAMEASDRIVER Y OAKLEY CA 94561 BICCLM Y• SEX HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE DISPO OF VEHICLE ON ORDERS OF; C] OFFlCER DRIVER []OTHER M BRN BLU 5-11 190 09 30 56 SAVE TOW FP[[I(510) 682-5920 OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT K] REFER TO NARRATIVE[ ] (] (510) 625-9373 ( ) NONE CHP VSE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA VENICE TYPE D14VRANCE CARRIER POLICY NUMBER ' []LINK []NONE MINOR ALLSTATE 01475349304/13 22 ( ]MOD.[]MAJOR []TOTAL DIR TAV ON STREET OR HIGHWAY PR LMT PCF E SR-4 35 23152 (A) PARTY DRIVER'S LICENSE NUMBERSTATE CLASS SAFETY VEH YR MAKE/MODEUCOLOR LICENSE NUMBER STATE 2 DRIVER NAME(FIRST,MIDDLE.LASn HFAUSTO DA FONSECA MATOS PEDES STREET ADDRESS OWNER'SNAME [ ] SAME AS DRIVER 'n 4625 LARIAT LANE PARKED CTTYSTATE P OWNER'S ADDRESS [ ] SAME AS DRIVER OAKLEY CA 94561 BICY. SEX HAIR EYES HEIGHT WEIGHT BIRTHDATE RACE DISPDOFVEHICLE ON ORDERS OF: [] OFFICER [] DRNER []OTHER `L M GRY BRN 5-04 160 02 07 25 T[ OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT[] REFER TO NARRATIVE E>] [ (5310) 625-6422 ( ) NONE CRY USE ONLY DESCRIBE VEHICLE DAMAGE SHAM:IN DAMAGED AREA VEHICLE TYPE INSURANCE CARRIER POLICY NUMBER []UNK [ ]NONE []MINOR 60 [ ]MOD.[]MAJOR []TOTAL DIRTRV ONSTREET OR HIGHWAY PD LMT PCF S SR-4 35 PARTY DRIVER'S LICENSE NUMBER STATE CUSS SAFETY YEN YR MAKEWODELJVOLOR LICENSE NUMBER STATE 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . DRIVER NAME(FHUF7,MIDOLE.tAS1) (] PEDES STREET ADDRESS OWNER'S NAME [] SAMEASDRIVER TR PARKED CTTY/STATE17JP OWNER'S ADDRESS [ ] SAME AS DRIVER VErfu . SEX HAIR EYES HEIGHTJ WEIGHT BIRTHDATE RACE DISPO OF VEHICLE ON ORDERS OF: [] OFFICER [] DRIVER (]OTHER OTHER HOME PHONE BUSINESS PHONE PRIOR MECHANICAL DEFECTS: NONE APPARENT[] REFER TO NARRATIVE[ ] [ ] CHP USE ONLY DESCRIBE VEHICLE DAMAGE SHADE IN DAMAGED AREA VEHICLE TYPE INSURANCE CARRIER POLICY NUMBER [ ]MOD.[ ]MO MINOR I NE AJOR [ ]TOTAL MR TRV ON STREET OR HIGHWAY SPp LMT PCF MEPARER'S NAME DISPATCH NOTIFIED REVIEWER'S NAME DTE REVIEWED MITCHELL M 010179 Y- ( ]w f ] N)A ��iiff� I0.N,1`CI4. I.ULLl.b1.V1V �-V1JllVUr rAc6 oP '✓ Dt.1.EOF0111972"—DENT TDAB NpCNUMB�R OFFICER I.D. NUMBER 12 -' 23 - 96 180 9320 1 0101 12-314 NAM ADDRESS NOTIFIEDPROPERTY , PM1FDA ONOMAGE DAMAGE SEATING POSITION OCCUPANTS SAFETY EQUIPMENT MIC BICYCLE HELMET EJECTED FROM VEH I_DRIVER A-NONE IN VEHICLE L-AIR BAG DEPLOYED 0-NOT EJECTED 206»PASSENGERS B-UNKNOWN M-AIR BAG NOT DEPLOYED DRIVER I-FULLY EJECTED 7-STA.WGN.REAR C-LAP HELY USED N-OTHER V-NO 2-PARTIALLY EJECTED i23 t-RR.OCC.TRK.OR VAN D-LAP BELT NOT USED :NOT REQUIRED W-YES 3-UNKNOWN 9• HO POSITION UNKNOWN E-SHOULDER HARNESS USED S 6 0.OTIHER F-SHOULDER HARNESS NOT USED CHILD RESTRAINT PASSENGER G-LAP/SHOULDER HARNESS USED Q-IN VEHICLE USED X•NO 7 H-T.APISHOULDFR HARNESS NOT USED R-IN VEHICLE NOT USED Y-YES I-PASSIVE RESTRAINT USED S-IN VEHICLE USE UNKNOWN K-PASSIVE RESTRAINT NOT USED T-BIVEHH7.EIMPAOPERUSE U-NONE IN VEHICLE ITEMS MARKED BELOW WHICH ARE FOLLOWED BY AN ASTERISK( SHOULD BE EXPLAINED IN THE NARRATIVE PRIMIS C01OFPARTY RTFACTOR �� 1 2 � 11112131 MO\LS[tl PRECEDIXG LIST WARYUIOPSION FATFAULT 'nTAFFTC CONTROL DEVICES TYPE OF VEHICLE COLLISION A VC SECTION VIOLATED, CITED X A CONTROLS FUNCTIONING A PASSENGER CAR/STN.WON- A STOPPED 1 2315"5 /2 \AJ YES B Q7NTR0LS NOT FUNCTIONING' B PASSF.NGERCARW/TRAILER X B PROCEEDING STRAIGHT 8 OTHER IMPROPER DRIVING* C CONTROLS OBSCURED C MOTORCYCLE/SCOOTER I C RANOFFROAD C OTHER THAN DRIVER• D NO CONTROLS PRESENT/FACTOR 1 D PICKUP OR PANEL TRUCK I D MAKING RIGNTTURN 0 UNKNOWN' TYPE OFCOLLISION E PCKUPTANEL TRK.W/TLR. I E MAKING LEFT TURN E FELL ASLEEP' A HEAD.ON F TRUCK OR TRUCK TRACTOR I I F MAKING UTURN WEATHER(MARK i TO2ITEMSi B SIDESWIPE G TRK./TRK.TRACTOR W rn.R. I I G BACKING X A CLEAR C REAR END N SCHOOL BUS H SLOWING'STOPPING B CLOUDY D BROADSIDE I I OTHER BUS I 1 PASSING OTHER VEHICLE C RAINING E HIT OBJECT J EMERGENCY VEHICLE J CRANGINGLANES D SNOWING F OVERTURNED K RWY.CONST.EQUIPMENT I K PARKING MANEUVER E FOG t VISIBILITY: X G VEHICLE I PEDESTRIAN L BICYCLE I L ENTERING TRAFFIC F OTHER': H OTHER': M OTHER VEHICLE I M OTHERUNSAFETURNING C VOFID MOTOR VEFDCHE INVOLVED WITH N PEDESTRIAN N XING INTO OPPOSING LANE LIGHTINGA NON-COLLISION 0 MOPED 0 PARKED A DAYUGNT X B PEDESTRIAN P MERGING B OUSC-DAWN C OTHER MOTOR VEHICLE 112131 M MARKTI To 2 TTEMSATED �DR Q TRAVELING"ONG WAY X C DARK-STREETLIGHTS D MOTOR VEN ON OTHER ROADWAYA VCSECTIONVIOLATION:CRE R OTHER': D DARK-NO STREET LIGHTS E PARKED MOTOR VEHICLE X 21950 (A) NO E DARK•STREET LIGHTS NOT FUNCTION F TRAM B VC SECTION VIOLATION:CITE ROADWAY SURFACE- G BICYCLE SORRIEIY-DRUG PHYSICAL A DRY H ANIMAL: C VC SECTION VIOJATWN:CITE 1 2 3 (MARK i TO TTEbtS) B WET MIMPAMMENT OT BEEN DRINKING C SNGWY-/LY t FIXED OBJECT: E ViS.OBSCURED: XUNDER INFLUENCE D SUPPERYOMUDDY,OILY.ETC.1 F INATTENTION' KBDNOT UNDER INFLUENCE 1 OTHER OBJECT: G STOP&GO TRAFFIC UAPAMMENT UNK.`ROADWAY CONDITIONSMARK i TD 2ITEMS PEDF,STRTAN'S ACTTQNS H ENTERING/LEAVING RAMP ORVO INFLUENCE'A HOLES,DEEP RUTS- A NO PEDESTRIAN INVOLVED 1 PREVIOUS COLLISION RMENT-PHYSICAL'8 LOOSE MATERIAL ON RDWY' X 8 CROSSING IN XWALKRNTERSECiION 1 UNFAMILIAR WITH ROAD RMDrr NOT KNOWNC OBSTRUCTION ON ROADWAY' C CROSSING IN XWALK NOT AT K DEFECTIVEVEH.EQUIP.:CNEPPLICABLEINTERSECTIOND CONSTRUCTION•REPAIR ZONE /FATIGUED E REDUCED ROADWAY WIDTH D CROSSING NOT IN CROSSWALK IL UNINVOLVED VEHICLE SPECIAL INFORMATION F FLOODED' E IN ROAD-INCLUDES SHOULDER M OTHER': A HA].ARDOI.S MATERIAL G OTHER.: F HOT IN ROAD X N NONE APPARENT B SEATBEZT FAILURE X I H NO UNUSUAL CONDITIONS G AMOACMNG41AWM SCHOOL BUS 1 10 RUNAWAYVEHHCLE SKETCH M1^�'�L/(-�NEOUS A1NJUxc)JI WAAINL'SSI'.IlrASJG1VlgL PAM DIITEOFCOtZSION NCPC NUI.®ER OFFICERLD. NUMBER 12 - 23 - 96 1804 9320 01017 12-314 EXTENT OF INJURY(`X'ONE) INJURED WAS('X' ONE) WITNESS rAssENGER AGE SEK PARTY SEAT SAFETY OM.Y ONLY FATAL SEVERE OTIQ'A VSS>9LE COMPSAINf NUMBER POS. EQUIP. RIIURY Mrt)RY RBURY OF PAM DR[YEA PASS. PFb. BIKE OEMCTED THER 7I M X X 2 NAMEN.O.BlA71ORPS5 TELEPHONE FAUSTO DA FONSECA MATOS 02-07-25 H-4625 LARIAT LANE, OAKLEY, CA, 94561 (510) 625-6422 ONJURED ONLY)TRANSPORTED BY: TAKEN TO CALSTAR HELICOPTER #1 JOHN MUIR TRAMUA CENTER DESCRIBE INJURIES: FATAL INJURIES (MULTIPLE SKULL, PELVIC, AND LOWER EXTREMITY FRACTURES, LACERATED LIVER) . CORONERS CASE #961857. VICTIM OF VIOLENT'CRIME NOTIFIED X 46 M 1 3 G NAME/D.O.5JADORFM TEL"HONE RONNY GONZALES 11-24-50 H-4611 ALDER DRIVE, OAKLEY, CA, 94561 (510) 625-4251 4NIURED ONLY)TRANSPORTED BY: TAKEN T0: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTTPTED 1 26 M NAMERT.OAJADDRESS TELEPHONE ADRIAN ALVAREZ 04-17-70 H-2301 SYCAMORE DRIVE, ANTIOCH, CA, 94509 (510) 756-7432 (510) 432-1604 ONJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTTFUM 2 16 m NAMEAD.OAJADDRESS TELEPHONE CARLOS PEREZ 03-06-80 H-1908 SAUTERNE WAY, OAKLEY, CA, 94561 (510) 679-0612 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE RUURMS: VICTIM OF VIOLENT CRIME NOTIFIED 3 36 M 'HAME/D.0.8lADDRE53 CtifP!{ONE LOUIS CASTILLO 04-11-60 H-321 VILLAGE DRIVE, ANTIOCH, CA, 94531 (510) 634-1765 ONJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED PREPARERS NAME I.DNUMSER MO. DAY YR. REVIEWER'S NAME MO. DAY YR. MITCHELL, M 010179 12-23-96 itVJui(EI)i WI'1NESSESWASSENGERS PAGE DATE OF COLLISION TIMECIA" NCTC NUMBER OFFlCER tD. NUMBER 12 - 23 . - 96 1804 9320 410179 12-314 EXTENT OF INJURY('X' ONE) INIURED WAS 'X' pNE) ONLYS ONLY FJt AGE % PARTY SEAT SAFETY EJECTED ONLY ONLY FATAL SEVERE OTPml Y6®LB COFPTA)N1' IiUMBFR POS. EL)[UP. INJURY INJURY WORT OF PAW DRNFR PASS. PED. BIXE OIHEA ' 4 27 M NAME/D.O.RJADDRESS TELEPHONE RAY L TIPTON 03-12-69 H-1652 101ST AVE, OAKLAND, CA, 94605 (510) 939-3000 (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED 5 35 M NAMEID.09JA1lDRFSS TELEPHONE COLIN STRANG 07-07-61 H-3883 OAK GROVE CT. , OAKLEY, CA, 94561 (510) 625-7653 (INJURED ONLY)TRANSPORTED SYc TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME N=FIED NAMED.O.BJADDRESS TELEPHONE (INSURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED NAMC0Z,RJADMESS TELEPHONE (INJURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: VICTIM OF VIOLENT CRIME NOTIFIED NAMED.OBJADDRESS TELEPHONE (INSURED ONLY)TRANSPORTED BY: TAKEN TO: DESCRIBE INJURIES: i VICTIM OF VJOLENTCRIME NOTIFIED PREPARERS NAME LDNUMBER MO. DAY YR. REVIEWER'S NAME M0. DAY YR. MITCHELL M 010179 12-23-96 STATE OF CALIFORNIA NABBATIVE/SU ELEME IL aar.F S— DATE OF IlQCB)ENT TDA NCIC NUMBER OFFICER I.D. NUMeER 12/23/96 1804 9320 010179 071UR6CNl 114 1 S.R. 4 AT NORCROSS LANE (OAKLEY) N SMALL RESIDENTIAL COTTAGES SHOULDER PEDESTRIAN W/B LEFT TURN LANE E/B POINT OF IMPACT SHOULDER OPEN DIRT OPEN DIRT FIELD FIELD H S/B N/B SKETCH NORCROSS LANE PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 010179 12/23/96 STATE OF CALIFORNIA NARRATIVElSU PLEMEN PAG 6 DATEOFINMENT TIME NCICNUMBER OFFICER I.D. NUMBER 12/23/96 1804 9320 010179 07UR6CN1 A 1 S.R. 4 AT NORCROSS LANE (OAKLEY) N SMALL RESIDENTIAL COTTAGES F SHOULDER LL W/B 10-T i E LEFT TURN LANE _ AT c EM � 11 FT. SHOULDER 7 OPEN DIRTOPEN DIRT FIELD FIELD H S!B N!B 19 FT. 19 FT. S NORCiROSS LANE D 14 6 RAM PREPAREWS NAME. I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 010179 12!23/96 STATE OF CAIAFORNlA JJARRlS!Aja Pgl FME PACE DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 12/23/96 1804 9320 010179 07UR6CNI /07.x, I LEGEND 2 3 A- VICTIM LYING ON HIS BACK WITH HIS HEAD FACING 4 NORTH. 5 6 B- POOL OF BLOOD FROM VICTIM LOCATED 8 FT. NORTH OF 7 THE SOUTH EDGE OF S.R. 4 AND 79 FT. EAST OF THE EAST 8 EDGE OF NORCROSS LANE. 9 io VICTIM TRAVELED 69 FT. FROM POINT OF IMPACT. i1 12 C- 3 SMALL GOUGE MARKS FROM THE SHOPPING CART OF 13 PEDESTRIAN 14 15 D- DEBRIS, SHOPPING CART, GROCERY BAG AND FOOD ITEMS 16 SPREAD OUT IN A NORTHEASTERLY PATH APPROX. 82 FT. 17 FROM POINT OF IMPACT. Is 19 E- RAISED 4 INCH HIGH CONCRETE DIVIDER APPROX. 5 FT. 20 WIDE AT THE EAST END AND APPROX. 3 FT. WIDE AT THE 21 WEST END AND APPROX. 40 FT. LONG. 22 23 F- 10 FT. WIDE CROSSWALK MARKED WITH SOLID PAINTED 24 YELLOW LINES ON BOTH SIDES. 25 26 G- RAISED LIGHT POLE WHICH WAS ON AT THE TIME OF THE 27 ACCIDENT. 28 29 H- CONCRETE SIDEWALK. PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 010179 12123/96 STATE OF CALIFORNIA NARRATIVE/SUPPLEME& aAc c ,Q DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 12/23/96 1804 9320 010179 07UR6CN1 1 FACT 2 3 NOTIFICATION: 4 At approx. 1807 hours, I monitored a fire department broadcast on my scanner of traffic 5 collision with an ambulance sent to it. I responded from State Route 4 east of Discovery 6 Bay Blvd. arriving onscene at 1818 hours where I found it to be an injury collision. All 7 speeds, times and measurements are approximate. Measurements by rollmeter. 8 9 ARRIVAL ON 10 Upon my arrival, I found the eastbound lane of State Route 4 blocked by emergency 11 vehicles at Norcross Lane. P-1 (Matos) was lying on his back in the eastbound lane being 12 attended to by fire and ambulance personnel and there were numerous bystanders on the 13 south side of the road including several witnesses. Eastbound traffic was being diverted 14 onto Norcross Lane while the westbound lane of State Route 4 was not affected by the 15 collision. At that time, neither V-1 or its driver could be located. It was also dark outside 16 when I arrived. 17 18 SCENE: 19 Although the collision occurred on State Route 4 east of the intersection of Norcross Lane, 20 for the purposes of this report that intersection will be described. State Route 4 at this 21 location is a straight and asphalt road with a slight eastbound uphill grade. On the west 22 side of the intersection the opposing directions are separated from each other by a raised 23 concrete divider while on the east side painted double yellow lines separate them. Painted 24 solid white edge lines separate the roadways from asphalt shoulders. On the east side of 25 the intersection there is a left turn only lane from westbound State Route 4 to southbound 26 Norcross Lane. This lane is separated from the straight through lane by a painted solid 27 white line. State Route 4 is bordered on the south side by raised curbs on both sides of this 28 intersection. East of the east curb prolongation of Norcross Lane there is a crosswalk 29 painted across State Route 4 with solid white lines. 30 Norcross Lane at this location is a straight and asphalt road with a downhill southbound 31 grade. The opposing directions are separated from each other by painted double yellow 32 lines and there are raised curbs bordering along the outside of it. A stop sign is posted for 33 northbound traffic at the location of where it intersects with State Route 4 and in addition, PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 010179 12/23/96 STATE OF CALIFORNIA ® NARTI RAVE/SUPPLEME& PACE 9 DATE OF INCIDENT TIME NCIC NUMBER 7 CER I.D. NUMBER 12/23/96 1804 9320 010179 07UR6CN1 1 the word stop is painted on the-ground. Dirt lots border on the southeast and southwest 2 corners of the intersection and several private residences border along the north side of it. 3 For further on the scene see factual diagram and its legend on pages 6 and 7. Both were 4 made by C.H.P. Officer M. Hartley #10245. 5 6 LIGHTING: 7 At the time of this collision it was dark out. There is however an overhead street light on 8 the southeast corner of the intersection of State Route 4 and Norcross Lane and it was on at 9 the time of my arrival. 10 11 WEATHER: 12 At the time of this collision it was cold, clear and dry outside. 13 14 SIGNING: 15 The flow of traffic on State Route 4 at Norcross Lane was generally controlled by the 16 posted speed limit of 35 m.p.h. 17 18 INJURIES: 19 P-2 (Matos) sustained fatal injuries as a result of this collision. He was flown to John Muir 20 Hospital in Walnut Creek by Cal Star Helicopter #I and at 2315 hours, was pronounced 21 dead by Dr. Burns. 22 23 VEHICLES/PARTIES: 24 P-1 (Cox) had fled the scene in V-1 prior to my arrival. He later flagged me down just as I 25 was clearing the scene, at State Route 4 and Hall Street. There, he initially identified 26 himself to me verbally as Robert Floyd Cox Jr. Shortly thereafter, he identified himself to 27 me with a California drivers license. 28 V-1 was located in the rear parking lot of Hampton Chiropractic, 3385 State Route 4, after 29 P-1 pointed it out to me when I first contacted him. 30 P-2 (Matos) was located lying on his back in the eastbound lane of State Route 4 with the 31 top of his head facing in a northerly direction and his feet facing south. He was identified 32 by a checkbook found at the scene which contained his name and address as well as a 33 photo I.D. card printed in a foreign language. Both items were given to me by onscene fire PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 010179 12/23/96 STATE OF CALIFORNIA O I IEE! FMFA PAGE ATE OF INME QDBNT TINR;CNUMBER OFFICER IS7. NUMBER 12/23/96 1804 9320 010179 071JR6CN1 1 personnel. P-1's wife who was at the scene confirmed that both items did belong to her 2 husband. 3 4 PHYSICAL EVIDENCE: 5 Blood was found in the eastbound lane of State Route 4 east of Norcross Lane. In 6 addition, there was a trail of damaged groceries leading from the point of impact eastward 7 to a small damaged shopping cart found in the left turn only lane of State Route 4. See 8 factual diagram on page 6 and legend on page 7 for configurations and measurements. 9 V-I's front windshield was damaged sustaining numerous cracks in it. The windshield 10 also had what appeared to be blood spots on it and pieces of lettuce were found there as 11 well as on the hood. V-I was towed and stored for evidence per 22655.5(A)V.C. 12 13 DRIVERS LICENSE INFORMATION: 14 P-1's (Cox) drivers license (N2696598) had been issued to him on 10-17-94 and expires 15 on 9-30-98. It is a class c non commercial with no departmental actions, failures to appear 16 or accidents. He did have one conviction on 4-7-95 for 27315 (D) V.C. (Seat Belt). At the 17 time of this collision P-1 was legally licensed to drive V-1. 18 19 DRIVER ARRESTED; 20 P-1 (Cox) had been drinking. Field sobriety tests were given to him and he was 21 subsequently arrested for 23153(A) V.C. (Felony D.U.I.) per 40300.5 V.C. and 22 20001(A) V.C. (Felony hit and run). 23 24 QNSCENE EMERGENCY PERSONNEL.• 25 Captain 9300, Chief J. Tovar. 26 27 Captain 9301, M. Fajardo. 28 29 Rescue 93: 30 M. Ayers, Captain. 31 J. Ivy, Sr. Fire Fighter. 32 B. Casillas, Fire Fighter. 33 34 PREPARER'S NAME LD.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 010179 12/23/96 _ STATE OF CALIFORNIA IdARRATIVE/SUEELEME L --PAGE /1 DATE OF INCIDENT TIME NCIC NUMBER OFFICER 1. NUMBER 12/23/96 1804 9320 010179 07UR6CN1 i Engine 93: 2 S. Nevarez, Acting Fire Captain. 3 P. Catino, Sr. Fire Fighter. 4 R. Macumber, Fire Fighter. 5 G. Lee, Fire Fighter. 6 E. Sherman, Fire Fighter. 7 T. Fray, Fire Fighter. 8 L. Buyers, Captain. 9 10 American Medical Response. 11 Unit 86: 12 G. Odor, Paramedic. 13 J. Cortese, Paramedic. 14 15 Cal Star Medical Helicopter. 16 Helicopter #1: 17 D. Richards, Flight Nurse. 18 S. Mautz, Flight Nurse. 19 D. Edmeier, Pilot. 20 21 STATEMENTS, ESSENCE: 22 P=1 (Cox) related that he was eastbound on State Route 4 traveling between 30 to 35 23 m.p.h. and approaching Norcross Lane. He said he had seen P-1 (Matos) in the 24 center divider on the highway. He had been behind another vehicle whose driver 25 had turned south onto Norcross Lane. P-1 stated that P-2 was "suddenly right there" 26 on his windshield adding "I never saw him". After the collision he said he drove to 27 the liquor cheaper store on the comer of State Route 4 at O'hara Avenue and told a 28 clerk inside to call 911. After doing that he said he drove down O'hara Avenue to 29 West Acme Street where he made a right turn. He then drove to Hall Street, made a 30 right turn onto it and pulled into the parking lot of the Hampton Chiropractic office 31 where he "panicked". 32 Later at my office when I Mirandized P-1 at 2235 hours, he agreed to answer 33 questions. However, before asking him anything he made a voluntary statement 34 stating that again he was eastbound on State Route 4 traveling at 30 to 35 m.p.h. He PRE-PARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 010179 12/23/96 STATE OF CALIFORNIA NARHADMEMURELEMEIAL PAGE Z ATE OF INCIDENT TIME NCIC NUMBER OMCER S.D. NUMBER 12/23/96 1804 9320 010179 07UR6CNI I didn't think he was going any faster than that. He said that "He was suddenly on my 2 windshield. I saw blood and blood freaks me out". He then drove to the liquor 3 cheaper store and called 911. P-I said he then walked down to the scene but did not 4 advise anyone of his involvement. He said he knew one of the fireman at the scene 5 as well as the owner of the chiropractic office and his clerk. Because of the collision 6 he did not want these people knowing that he was involved. 7 8 Witness Alvarez related that he had stopped westbound on State Route 4 at 9 Norcross Lane to let P-2 (Matos) cross the highway from the north side to the south. 10 He said he then saw V-1 eastbound on State Route 4 traveling at about 35 m.p.h. 11 approaching the intersection. Alvarez stated that its driver tried to slow but ended 12 up striking P-2 and knocking him eastward to the location I had found him when 1 13 arrived. He said that V-I then accelerated rapidly away eastbound as though the 14 driver was trying to flee the scene. Alvarez stated .that he turned around and 15 went after V-1 but lost it east of O'hara Avenue. He described V-I as a small blue 16 pickup with a dark camper shell on it. He could not see who was driving it or haw 17 many occupants were 'inside. i8 19 Witness Perez was seated in the right front seat of the vehicle witness Alvarez was 20 driving and he corroborated Alvarez's statement. 21 22 Witness Castillo related that he was eastbound on State Route 4 and directly behind 23 V-1 about four vehicle lengths with no vehicles between them. Both vehicles he 24 said were traveling at 35 m.p.h. and that they were approaching Norcross Lane. He 25 stated that he had seen someone crossing from the north side of the highway to the 26 south, ahead of him and because of that he slowed down. He said he guessed that 27 V-1 did not slow down because the next thing he saw were groceries flying through 28 the air. Castillo said that there was no skidding from V-1. He said that V-1 29 continued eastbound on State Route 4 and that was the last he saw of it. Castillo 30 stated that he could not chase after V-1 because his vehicle stalled at the collision 31 scene. I asked him if V-1 accelerated rapidly away and Castillo said it did not but 32 rather, it left the scene in a normal manner. He described V-1 as a dark blue Toyota 33 or Nissan pickup, mid to late eighties with a black lumber rack. in the bed. PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 010179 12123196 STATE OF CALIFORNIA /SEAL PAGE Lt ATEOFINQDENT TIME NCIC NUMBER OFTWER I.D. NUMBER 12/23/96 1804 9320 010179 07UR6CN1 /07..3/4/ 1 Although he could not identify the driver of V-1 Castillo said that there was only 2 one person inside of it. 3 4 On 12-26-96 I received a message to call witness Strang. I did so at 1308 hours on 5 the same day and Strang related the following. He said he was westbound on State 6 Route 4 east of the Centro Mart and traveling at approximately 25 to 30 m.p.h. He 7 said he was coming up to the crosswalk at Norcross Lane and saw P-2 (Matos) in it 8 crossing from the north side of the highway to the south. He said he then started to 9 slowdown. Strang stated that P-2 was about midway across having just left the 10 westbound lane and at this time Strang said to himself"What are you doing? Its 1 I dark out. People are going to have a hard time seeing you". He said that eastbound 12 traffic at that time was about 25 to 30 yards west of the intersection. Strang then 13 saw a dark pickup which looked like a Toyota approaching the intersection going 14 eastbound. P-2 he said paused briefly and then continued crossing to the south side 15 of the highway with a bag of groceries in his left hand. He said that V-I's driver did 16 not swerve or take any evasive action to miss P-2 and at that time Strang stated that 17 he knew that P-2 was going to get struck. V-I which Strang said was traveling 18 anywhere from 20 to 30 m.p.h., "it was hard to gauge", then struck P-2. At that time 19 Strang said that he (Strang) was almost at a dead stop and not even 5 feet from the 20 crosswalk. He said that P-2 struck the hood of V-1 and his groceries "went flying". 21 He did not however see P-2 go flying through the air. Strang then looked in his rear 22 view mirror and saw V-1's brake lights come on and V-1 veering to the right. It 23 appeared to him that V-I's driver had pulled over. Strang stated that he (Strang) 24 pulled into a store in the area and told the clerks there to call 911. He said that it 25 looked like there was only one person inside V-I which he described as a white 26 male adult with dark hair, and which was "perhaps somewhat short". 27 28 Witnesses Tipton and Gonsales' statements were obtained out at the arrest scene by 29 C.H.P. Officer M. Hartley, #10245, and are listed on pages 14 through 17 of this 30 report. PREPARER'S NAME LD,NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 010179 12/23/96 STATE OF CAUFORNtA y NA NARRATNE/SIJPPLEME L PAGE 'DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 12/23/96 1804 9320 010179 07UR6CN1 1 ;TAIEMFNT OF PASSENGER GONSALES• 2 3 4 At approx. 19151 made contact with GonsaIes in the rear parking lot of 3385 S.R. 4 5 (Hampton Chiropractic Office). Gonsales was the passenger in a Blue Toyota pickup 6 that earlier had been driven by a Robert Cox of Oakley. The Toyota pickup was 7 involved in a Felony Hit and Run accident at S.R. 4 and Norcross Ln. at the above time. 8 9 Gonsales identified himself with a Marlboro Team card in the name of Ron Gonsaes. 10 When asked for a drivers license Gonsales said that his license was suspended and he I I didn't have one. He verbally identified himself as Ronny Joe Gonsales DOB 11-24-50. 12 A drivers license check was run through DMV which matched on DL # 50067435. 13 Gonsales said that he and Cox work together for Bergesen Builders which he thinks has 14 an office in Walnut Creek. He said that he and Cox are working at a job site on the east 15 end of Livorna Rd. in Alamo. Gonsales said that Cox came by and picked he Gonsales 16 up at his residence at about 0545 this morning. 17 18 Gonsales said that he doesn't drive because his license is suspended. Gonsales said that 19 he and Cox worked at the job site and he Gonsales got off work at about 1600 and had 20 to wait for Cox to get off work because Cox is a job foreman. Gonsales said that while 21 he was waiting for Cox he and a couple of other guys he works with had some beers at 22 the job site. Gonsales said that he only had one beer however while I was talking to him 23 1 noticed that he had objective symptoms of intoxication. 24 25 Gonsales said that Cox was driving the Blue Toyota pickup license plate # (2R36183) 26 when they left the job site at about 1630. Gonsales said that they came home by way of 27 N/B I-680 to the Ygnacio Valley Rd. off-ramp and then down Ygnacio Valley Rd. to 28 Kirker Pass Rd.. He said that they stayed on Railroad Ave. and turned to the right 29 where the Wells Fargo Bank is and drove down to Loveridge Rd. and turned left onto 30 Loveridge Rd..Gonsales said that they got on E/B S.R. 4 from Loveridge Rd.. 31 32 PREPARER'S NAME I D.NUMBER DATE REVIEWER'S NAME DATE 10 MITCHELL 010179 12123196 STATE OF CALIFORNIA NABRATIVEISUPPLEMENTAL PACE /a� DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER ' 12/23/96 1804 9320 010179 07UR6CN1 141• 1 Gonsales said that Cox lives behind the Oakley middle school on Norcross Ln.. 2 Gonsales said that he was going to go home with Cox to pick up a ladder that he 3 wanted to borrow from Cox. He said that Cox had borrowed a cigarette from him on 4 the ride home and instead of turning right onto Norcross Ln. like they usually do they 5 proceeded straight. Gonsales just figured that Cox wanted to go to the Cheaper Store at 6 S.R. 4 and O'Hara Ave.. He said they were bullshitting and all of a sudden the car 7 ahead of them which they were about 2 car lengths behind swerved to the right. He 8 said that all of a sudden he felt an impact but that he didn't see anything. 9 10 Gonsales said that Cox said "Oh Shit" and drove into the parking lot of the Cheaper 11 Store and ran inside and observed him talking with the clerk. He said that Cox then 12 came back outside and they drove out onto W. Acme and then turned right onto Hall St. I 3 and pulled into the parking lot of 3385 S.R. 4. 14 15 He said that Cox said that he ought to turn himself in and Cox asked him what he ought 16 to do and Gonsales said that he was only worried about his own predicament because 17 he knew that he had a warrant. He said that they sat in the parking lot then Cox went 18 inside the building and called his wife and he Gonsales walked back to the Cheaper 19 Store and got a Dr. Pepper in a can. He said that the clerk that waited on him was the 20 girl not the same clerk that Cox had talked to. Gonsales said that he does shop at the 21 Cheaper Store occasionally. 22 23 Gonsales said that after he came back from the store that Cox's wife was there and the 24 three of them walked down to W. Acme and when the CHP officer drove by later and 25 talked to Cox he was standing away from Cox but didn't hear what Cox told the 26 Officer. He said that later they flagged down the CHP Officer and turned themselves in. 27 28 Q) Did you at anytime see Cox drinking any alcohol today? 29 A) No. 30 Q) You two didn't stop off and pickup a six pack of beer and have a few in the truck on 31 the way home? 32 A) No. .3 Q) Did you at anytime tell Cox to turn himself in to the Police? i4 PRI PI4RFP, I\%N11- i! J-C I N-1-L N11-Il7CN-1-L 1070 STATE OF CALIFORNIA / NIARRATNP/MUPP FMFA1_ PAGE /4 . DATEOFINMENT TIME NCICNUMBER OFFICERLD. NUMBER 12/23/96 1804 9320 010179 07UR6CN1 is? . 3144 1 2 A)No. 3 Q) Why not? 4 A) Because I was only worried about myself and I knew that I had a warrant and I 5 didn't want to spend Christmas in jail. 6 Q) When the CHP Officer first approached Cox and yourself and the Officer didn't stay 7 long you had to have known that Cox did not tell the CHP Officer that he had been 8 involved in the accident correct? 9 A)Yes. i o Q) Why didn't you tell the Officer that you two had been involved in the accident? I I A) Because I was only worried about myself and I didn't want to go to jail over 12 Christmas. 13 Q) When Cox hit the object did he say anything to you? 14 A) Yes, he said that he hit something. 15 Q) Did he tell you that it was a body? 16 A) No. 17 18 PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 010179 12/23/96 STATE OF CALIFORNIA NARRATIVE/SUPPLEMENTAL PAr.F ZZ BATEOFTNCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 12/23/96 1804 9320 010179 07UR6CN1 12 - 319 1 OPINIONS/CONCLUSION: 2 At the time that this collision occurred P-2 (Matos) was lawfully in a marked crosswalk 3 crossing from the north side of State Route 4 to the south, just east of Norcross Lane. 4 This was substantiated by witnesses Alvarez, Perez, and Strang. 5 P-1 (Cox) was eastbound on State Route 4 traveling at around 35 m.p.h. and 6 approaching Norcross Lane. His speed was substantiated not only by his statement but 7 by those of witnesses Alvarez, Perez, and Castillo. As he got to the crosswalk which 8 P-2 was in, P-1 failed to see P-2 due to his state of alcohol intoxication. The front of 9 V-1 then struck P-2 knocking P-2 up onto the hood and then into the windshield. The 10 force of the impact then propelled P-2 forward through the air 69 feet before he struck 11 the eastbound lane where he came to rest. After the impact, P-1 continued eastbound 12 on State Route 4 failing to stop immediately at the scene and fulfill the requirements of 13 20001(A) V.C. What he did do was stop at the liquor cheaper store on the corner of 14 State Route 4 and O'hara Avenue. There, he told witness Tipton, a clerk, to call 911 as 15 he (P-1) had just struck somebody. P-1 then left the store and drove V-1 southbound 16 on O'hara Avenue to West Acme Street where he made a right turn and went 17 westbound. From there P-1 drove to Hall Street, made a right turn and pulled into the 18 rear of the Hampton Chiropractic office. He stayed in the area of the collision, still 19 failing to come forward and identify himself as the driver of V-1. And even after I 20 contacted him on the northeast corner of Norcross Lane and West Acme Street at 21 approximately 1900 hours P-1 still failed to advise me of his involvement in the 22 collision. It was only after I had just cleared the scene and was driving away when at 23 1910 hours P-1 flagged me down and advised me of his involvement. 24 At 2315 hours P-2 succumbed to his injuries at John Muir Hospital in Walnut Creek. 25 26 POINT OF IMPACT BASED ON STATEMENTS, PHYSICAL EVIDENCE, 27 P-I'S LOCATION OF REST 28 Point of impact #1 (V-1 vs. P-2) was 10 feet east of the east curb prolongation of 29 Norcross Lane and 8 feet north of the south roadway edge of State Route 4. 30 31 32 33 34 PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 010179 12/23/96 ' STATE OF CALIFORNIA NARRATIVE/SUPPLEMEAL PACE /P DATE OF.INCIDENT TIME NCIC NUMBER OFFICER LD. M7HIgER 12/23/96 1804 9320 010179 07UR6CNi 1 CAUSE: 2 This collision was caused as a result of P-I's (Cox) violation of 23152(A) V.C. 3 (Misdemeanor D.U.I.). 4 An associated factor of this collision was P-I's violation of 21950(A) V.C. (Failure 5 to yield to a pedestrian lawfully within a marked crosswalk). 6 7 INTOXICATION NARRATIVE: 8 I had just cleared the collision scene and was eastbound on State Route 4 just passing 9 Hall Street when I noticed P-1 (Cox) and witness Gonsales standing on the southwest 10 corner. P-1 was attempting to flag me down. I immediately stopped on the eastbound 11 shoulder and backed up to them. I rolled down my right front window and it was at this 12 time that P-1 advised me that he was the driver of the vehicle involved in the collision 13 and then pointed to V-1 stating "Its right there". I then noticed V-1 parked in the rear 14 of 3385 State Route 4 (Hampton Chiropractic office). I instructed P-1 to walk over to 15 V-1 where I parked my vehicle. I got out and started to talk to P-1 asking him what had 16 happened. During that time, I could smell a weak odor of an alcoholic beverage 17 emitting from P-1's breath and noticed his eyes were slightly red (bloodshot) and 18 watery. P-1 was also chewing gum. I asked him if he had been drinking and P-1 said 19 he had, having had a couple beers earlier that day. I asked him if he had been drinking 20 since the collision and he said no. I proceeded to give P-1 a series of field sobriety tests 21 which I first explained and demonstrated to him. P-1 failed tests #1 and #6 and based 22 on these and his objective symptoms of intoxication it was my opinion that he was 23 under the influence of an alcoholic beverage and had been when this collision occurred. 24 25 ARREST: 26 I placed P-1 (Cox) under physical arrest for 23153(A) V.C. (Felony D.U..I.) per 27 40300.5 V.C. and 20001(A) V.C. based on the injuries of P-2 (Matos) as related to 28 me by fire personnel (two broken legs, open head injury, unknown pelvis injuries). 29 Prior to placing P-1 in the right front of my vehicle I searched him and found in the 30 left side pocket of his sweats, the keys to V-1. Shortly thereafter dispatch advised 31 me that the fire department had called stating that a clerk, (witness Tipton), at the 32 liquor cheaper store at State Route 4 and O'hara Avenue, could identify a person 33 who had come in asking him, (Tipton), to call 911 and that he had just struck 34 somebody. At that point I had Officer Hartley drive to the liquor cheaper store and PREPARER'S NAME I.D.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 010179 12/23/96 STATE OF CALIFORNIA , NARRATIVE/SUEELEME � -, L PAGE .2 0 DATE OF INCIDENT TIME NCIC NUMBER OFFICER I.D. NUMBER 12/23/96 1804 9320 010179 071JR6CN1 I bring Tipton back to our location. When they arrived I had P-1 step from my 2 vehicle and stand outside of it. At that time Tipton positively identified P-1 as the 3 person who had come into his store asking him to call 911. 4 After that I entered my vehicle and read implied consent to P-1 asking him if he 5 would submit to a blood test. P-I said he wished to take a urine test. I then 6 transported him to my office and at 2042 hours for two minutes he attempted to void 7 his bladder in my presence in the mens bathroom. P-1 then attempted again at 2056 8 hours and was able to complete the void. At 2115 hours after talking to Sgt. S. 9 Carden about this arrest I had dispatch call for a blood tech and I informed P-1 that 10 even if he still wished to take the urine test we would be taking a blood sample for I 1 our own evidence. At that time , P-1 said to forget the urine test and that he would 12 like to take a breath test because he just had to know what his blood alcohol level 13 was. Even though he submitted results of.03/.03 there was no doubt in my mind 14 based on the preliminary alcohol sceening device test and the delay in time from his 15 arrest to the breath test, (ane hour, fifty minutes), that P-1 was under the influence of 16 an alcoholic beverage at the time that this collision occurred. Following the breath 17 test I read the Trombetta advisement to P-I and he did wish to provide an additional 18 blood sample for later analysis. At 2143 hours two vials of blood were drawn from 19 P-1 for our use and one for his use by B. Center, R.N. The blood kit used was 2143. 20 At 2235 hours I Mirandized P-1 and he did agree to answer questions. Later, I had 21 called John Muir Hospital to find out the extent of injuries to P-2 (Matos). I was 22 told by staff there that he had died at 2315 hours. Because of this, the charge of 23 192(C)3 V.C., (Vehicular manslaughter), was added to 23152(A) V.C. and 24 20001(A) V.C. 25 P-1 was placed as the driver of V-1 by his statement to have been driving it at the 26 time of the collision, the statements by witness Tipton and passenger Gonsales, the 27 fact that V-I was registered to him, and the fact that the keys to V-I were found on 28 his person immediately after I arrested him. 29 30 RECOMMENDATIONS: 31 At this time, I recommend that P-I (Cox) be prosecuted by the Contra Costa County 32 District Attorneys office for 192(C)3 V.C.,23153(A) V.C., and 20001(A) V.C. PREPARER'S NAME I.B.NUMBER DATE REVIEWER'S NAME DATE M MITCHELL 010179 12/23/96 . � . \ - - ■ / U ® / m \ k ` \ # s % > « . $k�\ �a4.1k % k00 � � © -C)o ,. � � _ $%k a « c \ � TO: BOARD OF SUPERVISORS Contra FROM: Phil Batchelor, County Administrator Costa - S County DATE: July 8, 1997 SUBJECT: Final Settlement of Claim - Saralyn Cline vs . Contra Costa County WCAB No: Unassigned SPECIFIC REQUEST(S)OR RECOMMENDATION(S)6 BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive this report concerning subject final settlement and payment from the Workers ' Compensation Trust Fund in the amount of $22 ,500 . REASONS FOR RECOMMENDATION/BACKGROUND: Tony Schleder, Workers ' Compensation Claims Manager, has advised the County Administrator that within authorization an agreement has been reached settling the workers ' compensation claim of Saralyn Cline vs . Contra Costa County. This Board' s June 10, 1997 closed session vote was : Supervisors DeSaulnier, Canciamilla, Uilkema, Gerber, and Rogers, yes . This action is being taken so that terms of this final settlement and the earlier June 10, 1997 closed session vote of this Board authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: -YES SIGNATURE: _RECOMMENDATION OF COUNTY ADMINISTRATOR -RECOMMENDATION OF B RD OMMI EE -APPROVE -OTHER SIGNATURE (S): ACTION OF BOARD ON ,1917APPROVED AS RECOMMENDED OTHER - VDT§OF SUPERVISORS J1 HEREBY CERTIFY THAT THIS IS A TRUE UNANIMOUS(ABSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Tony Schleder - 335-1411 Q Iq9 CC: CAO Risk Management ATTESTED Auditor-Controller PHIL ATCH OR,CLERC OF THE BOARD OF SUPERVISORS AND COUNTY ADMINISTRATOR BY_Ta[4.PCQ �'A' " �w� ,DEPUTY M362 (10/88) 6 C': Zro TO: BOARD OF SUPERVISORS Contra a. FROM: Phil Batchelor, County Administrator Costa County �tlj._I VIiVT` DATE: July 8, 1997 SUBJECT: Final Settlement of Claim - Donald King vs . Contra Costa County File No. IA 2123 R SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive this report concerning subject final settlement and payment from the Automobile Liability Trust Fund in the amount of $23,000 . REASONS FOR RECOMMENDATION/BACKGROUND: Ron Harvey, Liability Claims Manager, has advised the County Administrator that within authorization an agreement has been reached settling the automobile liability claim of Donald King vs. Contra Costa County. This Board's June 10, 1997 closed session vote was : Supervisors DeSaulnier, Canciamilla, Uilkema, Gerber, and Rogers, yes . This action is being taken so that terms of this final settlement and the earlier June 10, 1997 closed session vote of this Board authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: —YES SIGNATURE: L • ✓-�-C�J _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OFARD OMMITTEE —APPROVE —OTHER SIGNATURE (S), ACTION OF BOARD ON APPROVED AS RECOMMENDED OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE +l---UNANIMOUS(ASSENT ) AND CORRECT COPY OF AN ACTION TAKEN AYES: NOES: AND ENTERED ON THE MINUTES OF THE BOARD ABSENT: ABSTAIN: OF SUPERVISORS ON THE DATE SHOWN. Contact: Ron Harvey - 335-1443 199 7 CC: CAO Risk Management ATTESTED Auditor-Controller PHIL TSOR AND COUNTYK OF TH I30 RD OF TRATO SUPERVISORS AND COUNTY ADMINIS\JTRATOR BY �*" AAYIlV4�j,6d1 rG-_--.DEPUTY M382 (10/88) 0. 27 T0: BOARD OF SUPERVISORS FROM: J. MICHAEL WALFORD, PUBLIC WORKS DIRECTOR DATE: July 8, 1997 SUBJECT: Set Date for Public Hearing to Revise the Eastern Contra Costa Sub-Regional Transporta- tion Mitigation Fee. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)8 BACKGROUND AND JUSTIFICATION I. Recommended Action: FIX July 22, 1997 at 11:00 a.m. for a public hearing to revise the Eastern Contra Costa Sub- Regional Transportation Mitigation Fee. DIRECT the Public Works Director to publish notice of the hearing pursuant to Government Code Sections 65091 and 66484 and County Ordinance Code Section 913-6.014. DIRECT the Public Works Director to file a copy of the Revised Development Program Report with the Clerk of the Board in accordance with County Ordinance Code Section 913-6.002. DIRECT the Clerk of the Board to mail notice of the hearing to those persons who have filed a written request for notice with the Clerk of the Board pursuant to Government Code Sections 54986 and 65092. 11. Financial Impact: This revision of the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee will have no impact on the General Fund. The funds collected will be deposited in a trust fund account specific to the improvements to be funded by the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee. Continued on Attachment: X SIGNATURE: Ci _RECOMMENDATION OF COUNTY ADMINISTRATOR _RECOMMENDATION OF BOARD COMMITTEE APPROVE OTHER SIGNATURE(S): ACTION OF BOARD ON &Ay S (qq 7 APPROVED AS RECOMMENDED OTHER_ VOTE OF SUPERVISORS UNANIMOUS (ABSENT ) AYES: NOES: ABSENT: ABSTAIN: ML:eh g:\transengtbo97te\BO8fee.wpd I hereby adny that this ro s wa and arced daWer M action taken and entered on the minu" tp Mat sand of Su isore on the date shown. Orig. Div: Public Works (Transportation Eng.) sand of o,�� Contact: Martin Lysons, Tel. 313-2295 as""�; °X acounry`na'��;merV cc: Community Development Public Works Accounting 0" Auditor/Controller Set Date for Public Hearing to Revise the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee. July 8, 1997 Page 2 III. Reasons for Recommendations and Backaround: On April 19, 1994 the Board of Supervisors approved Ordinance No. 9445 approving the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee. The Board of Supervisors also approved a Joint Exercise of Powers Agreement between the County and the Cities of Antioch, Brentwood, and Pittsburg. The Joint Exercise of Powers Agreement ("Agreement") established a joint powers agency (East Contra Costa Regional Fee and Financing Authority) to administer the regional transportation fee program for East County using a phased approach to minimize the impact on development. The fee must now be amended for the following three reasons: 1. By determination of the East Contra Costa Regional Fee and Financing Authority Board of Directors, the shortfall in revenue created by the "phasing in" of the residential fee must be recovered over the next ten years. Now that the phasing has reached its final stage, the final residential fee must be adjusted accordingly. The Cities of Brentwood and Antioch are also bound by the Agreement to adjust the fees. 2. The final fee will include a %% surcharge to pay for costs incurred by Contra Costa County in administering the fee collection. 3. The Bay Point fees should be adjusted to bring the fees into compliance with the Agreement. Because these adjustments to the fee will collectively result in a fee greater than that authorized by Ordinance No. 9445, a public hearing is required. IV. Consequences of Negative Action: Failure to implement changes to the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee will bring the County out of compliance with the Agreement and may result in improvements not being constructed in a timely manner as development occurs. CP 7- $- 97 BOARD OF SUPERVISORS , CONTRA COSTA COUNTY , CALIFORNIA AFFIDAVIT OF MAILING In the Matter Of setting a date for ) Public Hearing to Revise the Eastern Contra Costa Sub-Regional Transportation Mitigation Fee. , 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 to the following : Home Builders Association Jeff Lawrence of Northern California Braddock & Logan P.O. Box 5160 4155 Blackhawk ,Plaza Cir. San Ramon, CA 94583 Suite 201 Danville , CA 94506 Albert D. Seeno Const. Co. Attn: Legal Dept. 4021 Port Chicago Highway Concord, CA 94524 David Lennon Hofmann Company P.O. Box 907 Concord, CA 94522 Dennis J. Razzari Davidon Homes 1600 So. Main Street #150 Walnut Creek, CA 94596 I declare under penalty of perjury that the foregoing is true and correct . Dated July 10, 1997 , at Martinez , California . e-6 puty Clerk Shirley Casillas, 335-1903 3