HomeMy WebLinkAboutMINUTES - 07232002 - C.12 CLAIM
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: July 23,2002
Claim Against the County, or District Governed by )
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Beard Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
Pursuant to Government Code Section 913 and
JUN915.4. Please note all "Warnings".
AMOUNT: $100,000 �� 2002
CLAIMANT: Kirk Jenten COUNTY COUNSEL
MARTINEZ CALIF,
ATTORNEY: DATE RECEIVED: June 24,2002
ADDRESS: 4740 Curletto Dr BY DELIVERY TO CLERK.ON: June 24.2002
Concord, CA 94521
BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHNT SWEE .QI0, "
Dated: June 25 2002 By: Deputy f
II. FROM: County Counsel TO: Clerk of the Board of Supervisors —
( his claim complies substantially with Sections 910 and 910.2.
{ ) This Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The
Board cannot act for 15 days (Section 910.$).
( ) 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: 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:
Q 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:' ` ,, JOHN SWEETEN, CLERK, By f ' 1#'� ;;, Deputy Clerk
{ WARNING(Gov. code section 913)
Subject fo 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 JOHN SWEETEN, CLERK.By 41ULr ` ' Deputy Clerk
Claim to: ROAM OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCrIONS TO CLADA Nr
A. Clams 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 rain 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 ttzn one year after the am l of the cause of action. (Go4. Cade §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its cuff ice in
Rom 106, County Administration Building,, 651. Fite Stmt, Martinez, GA 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 claire 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 s Claim By Reserved for Clerk's filing stamp
IVED
AgainGt the County of MEW sty JUN 2 4 2002
or
CLERK t?AFI0 OF 51IAER�IISORS
District)
TA CO,
}
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-nand District in the sum cif $ �� � � �v and in support orf
this claim represents-as follows:
1, vh di_d tha Asmana A" inil"T nr rr ylr't (Gime E?XaCt date and hour)
2. Where did the damage or inJury occur? (Include city and county)
3. How did the damage or injury occur (Give full. detail.si use extra paper if_
r1quired) - .
t o" Yy 3 i f,�� '. &.
x. a
n w3!'b +saE t
y az -� t,s s s •✓g¢`'s° Y5 .
.4 � -4#. ,.,3a„�y `la—8Ts` t:
. i✓'.
g Fs.,'S.tit.vS d>f .RSA. ..Rw: •�a,v.yy irdw �W"' v �,.'ezv,w -a.. '
.S '�"� -wf 1 �..,i L.:}• 'ii:-1 °� :'� {L�,�11`78
' _ # s
L.;r'6.%..5,:.va-.a�•,• ,�Y.w�• 3a- 33 'et �.: ..si -,t =�e: �t�--`�.$.p+a�c.. ..'+„^r.y /4'4:.so�,
Vii. What particular ul.ar act or omission on the part of =ty or distract orfficers,
servants or.employees caused.the..injury car.dam e? � ;� ��.� � 1 ��; 4- 4-,-
S ,-(
A
}9`' _" ni�-'ate�'t. ,:b m�-+vl .;"�'�d, i.f'&'.�•� 7 � 1'�i i�'.vs e�3seg 3 �l �a� 4 .`c
�. .�,-.a,.`av:f a• w.3.=3 .A ..+X--4-•+ -^a a.,a�+,w 4`-+::`-mss-�y it w X..�...•'+e,.:.i`L+.n`ti[_^.-�'°f8.':���
4 _t3 W'k-4,:1 L'
wnat are the names of county or district officers, servants or employees causing
the damage or injury? C , .,v�, - •� � r w-
�1...�..:,� `.,'y �,y,.,,,, '�-t:` �°'"' < �"�.''a,;;Z c.j'-wr... E�-..L,y.,,,.°�''r--" .,E E'�•'s•, F:;,Ld.� Asa.;RA.a-s..�➢+.... �,..*a.?c. :s ,f,:,k.:....4.,id`s
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach twos estimates for auto damage.
'""` s� i �b .sl�., :ta:;erg f'^ -:`,��a,�^- &^��� o C...-*'�.... ?�y,'"", �.�"'4.•2 e'"�., '.$.r,� �...., 3 8" ,y�i 'g'. sz.'a.. �e -�,:,
` '"-s••a.s•.�.,bF. ;i",4
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
•�`�"x.Q:.-•. a.., t;�..-.s �.sr'S �». �.c.�.�., r� $$ �.-�-o,.,, .,rw.a..�,.{ c.s-:�,-.
ia a :. y.
6. £ }Names and addresses of witnesses, akin 1iO3"pi a".1.3. }
t b.71c .ti 3 ,
A
"s �` r" Y? L'' ;I'* s.
f w
�y } 5
..f^x.-'i."-,v, 4:A ,. 'a.-, "'t",.d;. 4...w..'-.s .xiF-s ..4. , fio.. b�. '4.,'-•e..'`"",t,: ,r ,fid ,,,s �,4w,..=....% -..r"^ 4G,
rM+.YlI �4�WNrw+M.�waii!`r.rrM.rrwr.wywiYn
9. List the expenditures you made on account of this accident or injury%
DATE ITEM AMOUNT
Gov. Code See. qM2 provides:
"The claim must be signed by the claimant
SEND NOTICES TO: (Attorney or some n: n his,behalf."
Name and Address of Attorney
..Gla mart's Signature
Telephone No. Telephone No. ��� �`� � O
#F !F !F #F !F
* T I I I I I I W I I W !E �F i! iF #E 1E �ii iE iE
N0TICE
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 imprisonumt in
the county jail-for a period of not more than +tie`3ear, by a, fine of not exceeding
one thousand ($2,000)0 or by both such"`imprisonment and fine; 'or'by imprisonment in
the state prison, by a fine of not exceeding tent thousand -dollars ($10,000, or by.
both such imprisonment and fine.
CLAIM { ' 00,
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: July 23, 2002
Claim Against the County, or District Governed by ) JUL 2002
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to ) COUNTY cou -copy of this document mailed to you is your
California Government Codes. ) M ``;� o office of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
Pursuant to Government Code Section 913 and
915.4. Please note all"Warnings".
AMOUNT: $624.68
CLAIMANT: Dan McClellan
ATTORNEY: DATE RECEIVED: July 3, 2002
ADDRESS: 56 E. Country Club BY DELIVERY TO CLERK ON: July 3, 2002
Brentwood, CA 94513
BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOIN SWE Clp.
Dated: July 3, 2002 --- By: Deputy J)
t
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: '� ' t' ' By: -' 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 GIRDER: 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: `� ; % # , JOHN SWEETEN, CLERK, By '� r } f' t 4"'' teputy 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: ' JOHN SWEETEN,CLERK By =;.' " %° ` r Deputy Clerk
t v:u r w �.
J
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 came of action. (Govt. Code §911.2.)
B. Claims must be filed with the Clerk of the Board of Supervisors at its office in
A Room 106, County Administration Building, 651 pine Street, Ma-rtinez, 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
farm.
RE: Claim By ) Reserved for Clerk's filing stamp
i ' . ERECEIVED
}
NTRA
} UL. 0 3 2002
Against the County of Contra Costa )
or ) 3A�{�OF Sl1P6RV,SCRS
District)
COSTA
FM in name . )
The undersigned claimant hereby makes claim against the County of Contra Costa or
the above-r.med District in the sum of $ 602-q and in support of
this claim represents as follows:
1. When did the damage or injury occur? (Give exact date and hour)
2. Where did the damage or injury occur? (Include city and county)`- q
r
3. How did the damage or injury occur? (Give full details; use extra paper if F
required) xsf
J ' .,; e-1 ifr^+"i'G/
. �•�. 7 /vt� f�'rtµ
4. What particular act or emission on the part of county or district officers,
servants or .employees caused. the injury or damage?
(over)
5• wnat are the names of county or district officers, servants or employees causing
the damage or inJury?
fat y L € ._ 4,IVdW `� �
Kew i4elef
5. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage. 3,--
t -0 `max
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.) £ & ,,
.11
10 A
g. rNames�and yaddresses of witnesses, doctors and 11ospitals.
3" F,
t e�A '1-e.s
Z-I--
9. List the expenditures made on account of "his accident or injury:
DATE
Gov. Code Sec. 910:2 provides:
"The claim must be signed by the claimant
ecim
N()TZCES T(3: (Attorney) or some erson on his. behal
Name and Address of Attorney
Claimant's Sigma ure
tAddress
73
Telephone No. Telephone No.
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 beard or
d to allow or pay the same if .genuine, any false or fraudulent
officer, authorise
claim, bill., account, voucher, car writing, is punishable either by imprisonment in
the county fail for a period of not mare than one y�'� by a fine of not exceeding
or
one thousand ($1,000), or by both suchexceeding ten�thousandisot and �dollarsb($IGpGCC'nmor en yin
the state prison, by a fineof not
both such imprisonment and fine.
PM Jots Number.
CASEY'S AUTO BODY TN(.
Lir:ense #:A8220391
I ..v s, 0u > ,,bql 1 Concern
f
a Smfi ;
Oji MIlKe C.as*v 4
Adjuster:
Insured- DAN MCCLLLLAN Claim *
Owner: DAN MCCLELLAN Policy *
Address: 56 EAST COUNTRY CLUB Deductible:
BRENTWOOD, CA 945113 Date of Lass:
Day: (925)634-8?30 Type of Loss:
Point of Impact;
Inspect CASEY'S AUTO BODY INC, Business: (925)634»2211
oc:atien' 4,515 O'Hara
Brpntwaodi CA 94513
Ins:4 "since
Company; Days to Repair
00;-" CHEV K3w0� -x4 SILVLRADO CREW HD 8-6<6L-TD 4'D SHORT BLACK Tnt:
VIN- Prod 'Date: Odometer :
Air o " c-01 Intermittent Wipers
Duo r cit 4= i n,t Power Steering
Power .: : n rck Brakes (4) Driver Air Bag
Passpnge— A . ,_; _ 4heel Disc Brakes Split Beach Seats
Rear Ste; 2 _ x Styled Steel Wheels
NO• OP. DESCRIPTION QTY EXT. PRICE LABOR PAINT
.
---------------------- __.._..__-___..___.,_______________..__-_______ w_-__....----
I* Rpr REMOVE ALL PAINT OVERSPRAY 8.0
2 FRONT BUMPER
3* Repl Cap w/o heavy duty black 1 101-69 C,3 �
subtotals ==> 101„69 8.3 U•U
1
- "� 2/2002 ' 15:35` J 1-9256347257 CASEY'S AUTO BODY PAGE 02
07/EC/2202 at 0E;32 PM Job Number:
17163
RELI "LNARY ESTIMATE
EUuici oiy-v Qto64X4 SILVERADO CREW HD 8-6.6L-TD 4D SNORT BLACK Int.,
Parts 101.69
Body Labor 8.3 hrs ai * 62.00/hr 514.60
----------------------------------------------------
SUBTOTAL
naw----iise---------- Y— err---- ----------- ------------
SUBTOTAL * 616.29
Sales Tax 101.69 W 8.2.500 8.34
----------------------------------------------------
GRAND TOTAL 624.68
ADJUSTMENTS:
Deductible 0.00
----------------------------------------------------
CUSTOMER
--------------....x------ --------------------warW.w.a---
CUSTOMER PAY 4 0.00
INSURANCE PAY # 624.66
This is just an estimate of repairs, if on futher inspection, additional parts
or repairs are needed, you will be contacted for authorization. We are not
responsible for loss or damage from fire., theft accidents or causes beyond our
control to your vehicle. Storage charges will occur 48 hours after customer is
not ified that vehicle is completed. Casey's Aute Body guarantees all repairs
performed on your vehicle including parts, workmanship and refinishing for a
period of not less than one year from the time of completion of repairs.
Defects in craftmanship or refinishing are warranteed for as long as you own
your vehicle. Failure to present
an Insurance estimate at time of repairs may result in additional costs to you.
CLAIM ,
BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
VE BOARD ACTION: July 23,2002
Claim Against the County, or District Governed by ) JUL 2002.
the Board of Supervisors, Routing Endorsements, �OU,%-y ccu�vsEL NOTICE TO CLAIMANT
and Board Action. All Section references are to } t�� z 10.01'he copy of this document mailed to you is your
California Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below),given
Pursuant to Government Code Section 913 and
915.4. Please note all "Warnings".
AMOUNT: $7,100
CLAIMANT: Francis Gretton
ATTORNEY: BATE RECEIVED: July 2. 2002
ADDRESS: 5668 Sobrante Ave BY DELIVERY TO CLERK ON: July 2,2002
El Sobrante,CA 94803
BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHN SW-WO
, le
Dated: July 2, 2002 By: Deputy.'-
11.
eputyII. 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: 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.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: ' ` - JOHN SWEETEN, CLERK, By ,Deputy Clerk
j t
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 % JOHN SWEETEN, CLERK By 1' 9 � %' 'r' Deputy Clerk
it
. 4
Tit
�114
CS
r
RECEIVED
41I? —
r JL 2 2002
CLERK BOARD OF P, 11VISORS
x.
� s
May 15, 2002
Contra Costa County
Risk Management Department
2530 Arnold Dr., Suite 140
Martinez, CA 94553
Dear Sirs:
I have been in the process of on-going phone calls, meetings and discussions
with road crews,midmanagexnent and supervisory personnel for the last five
months and am waiting on the advise of Stan Matsumoto, Senior Civil Engineer.
My property, locataed. at 5668 Sobrante Ave., El Sobrante,CA lies on the
downside of Sobrante Ave. and has been severely affected by a broken culvert
crossing;the road above the property. The culvert collects water from several
sources and is broken next to my fence corner post(approximately 12 feet from
the center of the road) funneling water onto my property.
Sind I purchased the property in November, 1992, my wife and I used the
basement as our bedroom. I was not aware of just how damp and moldy it was,
although my wife and I both developed persistent coughs and experienced
ongoing breathing problems from the time we moved in. In fact, my wife was
then required to be on oxygen and lung medications prior to her death in the
winter of 1996.
I have limited funds and did my best to hand excavate a three foot wide trench
along the front of the house wall that was almost six feet deep. I hoped the air
space would limit the amount of moisture accumulating into the basement, but
found it only provided minimal relief. I hired Robert Stockman to further
diagnose the problem. He suggested a French drain along the front of the
property to reroute surface water from the runoff of Sobrante Avenue. On
further hand excavation he found that the culvert running diagonally in the
street was broken beside my fence. The gaping hole in the pipe was probably
caused by improper roto rooting, which can be ascertained by its location at the
bend of the pipe. The rusted material around the b to 8 inch hole would suggest
that it has been broken for many years. The street seems to have settled where
the culvert runs, as evidenced by cracks on the roadway surface.
Dealing with your bureaucratic system has been a nightmare. Mr. Stockman and
I have both called to have road crew personnel look at the problem.. They never
call back until they are called two or three more times; when, in fact, they did
come out but didn't even let us know. Then they send the photo crew who
photograph the exposed and open culvert, and promptly lose the pictures. Then
OFFKE OF THE COUNTY COUNSEL y - , 'SILVANo B.MARCHESI
';LOUNTY OF CONTRA COSTA ' COUNTY COUNSEL
Administration Building , e q �
651 Pine Street, 9t"Floor ;' 1,r� .._, "q SHARON L, ANDERSON
b ,
CHIEF ASSI5TAN fi
Martinez, California 94553-1229 /z _
�,. � � } GREGORY C.HARVEY(925} 335-#$oo �'� +aa�"1u1� a� VALERIE J. RANCHE
{925} 646-1078 {fax} Assr.TANTs
NOTICE OF UFFICIENCY
ANDIOR.
NON-ACCEPTANCE OF CLAIM
TO: Francis Gretton
5668 Sobrante Avenue
El Sobrante, CA 94803
RE: CLAIM OF: Francis Gretton
Please Take Notice as Follows:
The claim you presented against the County of Contra Costa or District governed by the Board of
Supervisors fails to comply substantially with the requirements of California Government Code Section
910 and 910.2, or is otherwise insufficient for the reasons checked below:
[ 1. The claim fails to state the name and post office address of the claimant.
[ ] 2. The claim fails to state the post office address to which the person presenting the claim desires
notices to be sent.
[XX] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction
which gave rise to the claim asserted.
[ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or
loss, if known.
[
15. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000).
If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount
claimed as of the date of presentation, the estimated amount of any prospective injury, damage
or loss so far as known, or the basis of computation of the amount claimed. If the amount
claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction
over the claim would rest in municipal or superior court.
[
16. The claim is not signed by the claimant or by some person on his or her behalf.
[XX] 7. Cather: Please provide the date you discovered the broken culvert.
Page 1
SILVANO B. MARCHESI
COUNTY COUNSEL
By: f + t �
Deputy County Counsel
CERTMCATE CSP SERVICE BY MAIL
(C.C.P. §§ 1012, 1013a,2015.5;Evidence Code§§641,664)
1 declare that my business address is the County Counsel's(.Office of Contra Costa County,651 Pine Street,Martinez,California
94553;I am a citizen of the United States,over 18 years of age,employed in Contra Costa.County,and not a party to this action. I
served a true copy of this Notice of Insufficiency anchor Non-acceptance of Claim by placing it in an envelope addressed as shown
above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the US.Mail at Martinez,California.
I certify under penalty of perjury that the foregoing is true and correct.
Dated: July ,2002,at Martinez,California,
cc: Clerk of the Board of Supervisors(original)
Frisk Management
(NOTICE Or INSUFFICIENCY OF CLAIM:GOVT.CODE H 910,910.2,92(3.4,9113.8)
Page 2
CLAIM
BOARD OF UPERVISORS OF CONTRA COSTA COUNTY
BOARD ACTION: July 212002
Claim Against the County, or District Governed by )
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT
and Board Action. All Section references are to ) The copy of this document mailed to you is your
California Government Codes. } notice of the action taken on your claim by the
9EIFT�1� Beard of Supervisors. (Paragraph IV below), given
Pursuant to Government Code Section 913 and
.q
UN H1, j M 915.4. Please note all "Warnings".
AMOUNT: $250,000 COUNT'S COUNSEL
k,IARTINEZ CALIF
CLAIMANT: Lalina In& Samath Lim
ATTORNEY: Joseph Long DATE RECEIVED: June 25-2002
ADDRESS: 2950 Buskirk Ave#315 BY DELIVERY TO CLERK.ON; June 25. 2002
Walnut Creek,Ca 94596
BY MAIL POSTMARKED:
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
JOHNN SWEF�11�N,� All€ ',: `
Dated: June 25 2002 By: Deputy
1I. FROM: County Counsel TO: Clerk of the Board of Supervisors
(v�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; :- ._.- 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:
Q� 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: F < OHN SWEETEN, CLERK, By r� 0eputy 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 claire. 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 earning 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 t 'f`,`)JOHN SWEETEN, CLERK.By �� t `� �"��'� /� -��� . Deputy Clerk
�.
Ma!�s 14 02 02: 39p Clerk of the Board 925 335 1913 p. 1
Claim to: Bo.AAD OF SUPERVISORS OF CONTRA COSTA COUNTY
IN ON
_..,,:S TO CLAAA
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, 1997, must be presented not later than the I00h day
after thee 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 Januar 1, 19813,inust be
presented not later than six months after the accrual of the cause of action. Claims relating to any other
ease of action must be presented not tater than one year after the accrual of the cause of action.
(Gov't Cbde 911.2-)
B. Claims must be filed with the Clerk of the Beard of Supervisors at its office in Roomy 106,County
Administration Building, 651 Pine Street,Martinez, CA 94553.
C. If claim is against a district governed by the Beard 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 Glade Sec. 72 at the end of this form.
RE: Claim By Reserved for Clerk's filing stamp
Lalina In and Samath Lim �-----
RECEIVED
--
Against the County of Contra Costa# )
J 5 0
1
Regional Medical Center CLERKBOARDOFSUPERVISORS
CONTRA COSTA Co.
(Fill in name)
The undersigned claimant hereby snakes claim against the County of Contra Costa or the above-named district
in tl.,e such of s 250 ,000 and in support of this claim represents as fellows: In addition to
economic damages according to proof.
1. When did the damage or injury occur?(Give exact date and hour)
On or about January 12 , 2002
2. Where did the damage or injury occur' (Include city and county)
Contra Costa County Regional Medical Center
2500 Alhambra Avenue, Martinez , California
3. How did the damage or injury occur?({"sive full details-,use extra paper if required)
Medical malpractice including laceration of the perineum and
uterus resulting in massive bleeding, D&C and emergency
hysterectomy.
Mad 14 02 02:38p Clark of the Board 925 335 1313
p. 2
4. 'What particular actor omission on the past of County or district officers, servants, or employees caused the
injury or damage
See #3 above
5. What are the names of county or districtt officers, servants, or employees causing the damage or injury?
Unknown at present, though may include Sarah Mattson, M.U.
6, What darnage or injuries do you claim resulted' (Give full extent Of injuries or damages claimed. Attach
two estimates for auto damage.)
Near death, emergency surgery and hysterectomy in addition
to eight days of uncontrolled bleeding and pain, all
resulting in severe depression.
7. How was the amount claimed above computed"(Include the estimated amount of any prospective injury or
damage.)
Maximum MICRA non-economic damages.
Claimants are yet uncertain of economic damages.
S. !Narrtes and addresses ofvAtnesses, doctors, and hospitals.
Contra Costa County Regional Medical Center
Names are in medical records; claimants are Lalina In and
9. hist the expenditures you made on account of this accident or injury. Samath Lim
PAT—E IDE V OU'NT
Unknown at present
} Gov. Code Sec. 910.2 provides"The claire must be
} signed by the claimant or by some person on his behalf."
SEI NOTICE,TO.- (Attorney
Name and Address of Attorney
Joseph A. Long, Esq.
Howie, Long & Smith ) (C?rn nVs§Wa
2950 Buskirk Avenue, Ste. 315 )
Walnut Creek, CA 94596 ) (X_VO Buskirk Avenue, Ste. 315
(Address)
Walnut Creek, CA 94596
)
Telephone No. 925-941-0090 _ _)Telephone No. 925-941-Q090
PubMCE
Section 72 of the PwAl Code pmvides:
Every persons who,with intent to defraud,presents for alto see or the payment to any state board or effacer,or to any
county,city,or district board or officer,authorimd,to allow or pay the same if genuine.any false or fraudulent claim,bill,account,
voucher,or writing,is punishable either by imprisonment in tett county jail for a period of not more€het:one year,by a fust of not
exceeding one thousand(S 1.000),or by boot such imprisonment and fine,or by imprisonment in the state prison,by a fust of not
exceeding tear tisoasand dollars(S 1€3.000),or by bods such imprisonment and fuse.
1
TO: BOARD OF SUPERVISORS
FROM: MAURICE M. SHIt.J,PUBLIC WORKS DIRECTOR
IRATE: July 23, 2002
SUBJECT: ADOPT Resolution No. 2002/ 451 accepting the Engineer's Report and fixing September 10,
2002 at 9:30 a.m. for a public hearing to consider levying an assessment for additional parcels to
be annexed to County Service Area L-100, Sub 8356, El Sobrante area. {District I} Project No.
7394"6X5001
SPECIFIC REQUEST(S)OR RI COMMENDATIONS)&;ACKGR0l ND AND JUS ICA ON
I. Recommended Action:
1. ADOPT Resolution No. 20021 451 accepting the attached Engineer's Report for a lighting
assessment on the parcels in Sub 8379 to be annexed.into County Service Area L-100.
2. FIXING a Public Hearing for September 10, 2002 at 9:30 a.m. in Room 107 of the Board of
Supervisors' Chambers, 651 Pine Street, Martinez, California to certify the tabulation of the
ballots submitted for the proposed assessment, and levy the proposed assessment.
3. DIRECT the Public Works Director to mail,by first class mail, a written notice and ballot to each
parcel owner within the development in compliance with Proposition 218.
Continued on Attachment:X SIGNATURE:
RECOMMENDATION OF BOARD COMMITTEE
7,API'ROVE OTHER
SIGNATURES y""�
ACTION OI BOA ON July 23, 2(102 APPROVED AS RECOMMENDED OTHER
lj
i
VOTE OF SUPERVISORS
XX UNANIMOUS{ABSENT None. —} I hereby certify that this is a true and correct copy of an
AYES: NOES: action taken and entered on the minutes of the Board of
ABSENT: ABSTAIN: Supervisors on the date shown.
JR:sr Jul 23, 20102
G:\GrpData\SpDist\Board Orders12002107 July107-23-02 BO-Sub 8356.doc ATTESTED: �
Orig.Div:Public Works(Special Districts) JOHN SWEETEN,Clerk of the Board of Supervisors and
Contact: Skip Epperly(313-2.253) County Administrator
cc: County Administrator
Assessor
Auditor-Controller By
Community Development Deputy � f
County Counsel
J.Rushton,Special Districts
SUBJECT: ADOPT Resolution No. 2002/*** accepting the Engineer's Report and fixing September 10,
2002 at 9:30 a.m. for a public hearing to consider levying an assessment for additional parcels to
be annexed to County Service Area L-100, Sub 8356, El Sobrante area. (District T) Project No.
7394-6X5001
DATE: July 23, 2002
PAGE: 2
II. Financial impact:
There will be no financial impact to the County General Fund. All costs will be covered with revenue
from the Countywide Street Light District, CSA L-100.
IIL Reasonsfor Recommendations and Backuround:
The developer is required by Condition of Approval to install street lighting fixtures and annex to the
County's street light program, CSA L-100, for continued maintenance and operation of those fixtures.
Proposition 218 provides that any new assessment may not be approved if it is opposed by a majority of
the property owners voting on the proposed assessment. The Board Order and Resolution complies with
the requirements for new assessments under Proposition 218.
IV. Consequences of Negative Action:
This project will not be in compliance with the Conditions of Approval for Sub 8356, and an alternative
means to finance public right of way street lighting would have to be found.