HomeMy WebLinkAboutMINUTES - 02211984 - 1.14 Board Action: "`wq
February 241 1984
BOAST CF SOPERm son DF c5ffi A amen CD@T1'y, auxromm ,l 674
Claim Against the County, cc District ) WNICE TO CLRIKW
governed by the Board of Supervisors, ) The copys t ma led to you is yuxa
Routing Endorsements, and Board ) notice of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all 'Warnings•.
Claimant. Keith R. S h r o y County Counsel
Attorney: JAN 17 1984
Address: 2639 Durango Lane Martinez. CA 94553
San Ramon, CA. 94583
Amount: _ - By delivery to clerk on
Date Received: —January 17, 1984 By mail, postmarked on January 14, 1984
I. ERAS: Clerk of the Board of Supervisors 70: Canty Counsel
Attached is a copy of the above-noted claim. �/ p -
Dated: January 17 , 1984 J.R. CES.SCN, Clerk, By .J&L v0 Deputy
Helen P . Marino
II. PRE: County Counsel TO: Clerk of the Board of Supervisors
(Check only ane)
( ) This claim complies substantially with Sections 910 and 910.2.
This claim FAILS to damply 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. 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; 77 7 677 By: Deputy County Counsel
III. FRONT: Clerk of the Board 70: (1) County , (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOAM Qil3R[t By unanimous vote of Supervisors present
( This claim is rejected in full.
( ) other:
I certify that this is a true and correct oopy o the Board's Order entered n is
minu s for this date.
Dated: 1_;» J. R. CES.SON, Clerk, By , Deputy Clerk
WmMG G (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6) months from the date of this -
notice was personally served or deposited in the mail to file a court action an this
claim. See Government Code Section 945.6. '7-
You
You may seek the advice of an attorney of your choice in cocuiecticn with this
matter. If you want to consult an attorney, you should do so immediately.
V. FROM: . Clerk of the Board T0: (1) Canty Counsel, (2) County Administrator
We notified the claimant of the Board's
action cn this claim by mailing a copy of this document, and a mem thereof has been filed
and endorsed on the Board's copy of this Claim in acoordance with Section 29703.
( ) A warning of claimant's right to apply for leave present a late claim was mailed
to claimant.
DATED* . I .i 4 R!�Z- J. R. OOSON, Clerk, By . Deputy Clerk
cc: County Administrator (1) County Counsel (2) Jy
1
CLAIM
Y
CLAIM TO: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
r�
Instructions 1_-0 Claimant
A. Claims relating to causes of action for death or for injury to
person on to personal property or growing crops must be presented
not later than the 100th day 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. (Sec. 911. 2, Govt. Code)
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 (or mail to P.O. Box 911, Martinez, CA) „
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 end
of this form.
RE: Claim by ) Reserved for Clerk' s filing stamps
KF_►T-H -P,3ARost- F ILE D
)
'
Against the COUNTY OF CONTRA COSTA) JAN /,71 1984
J. R. OLSSON
or DISTRICT) CLERK BOARD OF SUPERVISORS
Fill in name) ) Nr cOSrA CO.
B _ ..221.cEltia epuly
The undersigned claimant hereby Makes claim against the County of Contra
Costa or the above-named District in the sum of $ 2,5&14e
and in support of this claim represents as follows:
------------------------------------------------------------------------
1. When did the damage or injury occur? (Give exact date and hour)
OGTb-Oa -, 2 G 83 - pp,ON`C. C, ;3c Av%^
-----------•r--------------• -----------------------------•.-----
----county)------
2. Where did the damage or injury occur? (Include city and
O N GA(v%w cD PA C5"3, NC W_-rVc e00 t,30 L INN-6j IyJ ST So JTEF
DIP GL_P.I26rn0NT 4A 0RIN00% VLLLIAGC C epu_ wap)
---------------------------------
---------------------------------------
3. How did the damage or injury occur? (Give full details, use extra
sheets if required) -t1-tt. LpgLQc�:, Nv,,--fat, LA-re CZcgcyLttsG p, Qt-rc"
lts -TlkzE crNTr,-V_ 6P--t K6 LP.n►E RND SLLO Or F Qu-oC,.3 i Z-6 -fit 01_Cca
I O fx U lS CmjU�2C_ . f�`� G2�SSc`9 c3Qk L T� Dl TC.t- 1�_4 M`e (21611 T
RR(D1 ST L-)RiDk-- 904�P Pcy) (fSTU T(4r. DCtV�
----------------------------
--------------------------------------------
4. What particular act or omission on the part of county or district
officers , servants or employees caused the injury or damage?
( . "F4t:_: CC*SSreUC:CtOts CJ21` 2 KG RAD %;1L-00 OGF Tb(t OcTr-k., coK4E
��acaito:� A ►kAZF�t2.L3 . `
2- T f Cl2c wt:VW I ZO t-t 6=,H TS W f- j2r-)t O G ��,_-Tiler N�+ZPtQ
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j�5. -What- are the names of county or district officers, servants or
employees causing the damage or injury?
-------------------------------------------------------------------------
6. What damage or i7ijuries do you claim resulted? (Give full extent
of injuries or damages claimed. Attach two estimates for auto
damage) Fzr1C� ��k,cics� a�el rCn�
- l paid � C�pa(vs- tnQok-o- as PH �-sZ '�6_0A.
------------------------------------------------- -----------------------
7. How was the amount claimed above computed? (Include the estimated
amount of any prospective injury or damage. )
--------------------------------------------------------------------------
(445)
-------------
8. Names and addresses of witnesses, doctors and hospitals.
L.EatJ Ltdt�"bYz-I�. - 3„�$ Sz✓��a�o�aw.�ad�� So�r2wlt? .
(415) 222-2522
--------------------------------------------------- ---------------------
9. List the expenditures ,you made on account of this accident or injury: .
DATE ITEM AMOUNT p
Govt. Code Sec. 910.2 provides :
"The claim signed by the claimant
SEND NOTICES T0: (Attorney) or b soi[ie on his behalf. "
Name and Address of Attorney
3Claimant' s Signature
el(o3G 0JCZA G(D L ,nrr
ddress
CA CAS!B
Telephone No. Telephohe�No<%:i: 839-5511
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, town, city
district, ward or village board or officer, authorized to allow or pay
the same if genuine, any false or fraudulent claim, bill, account, voucher,
or writing, is guilty of a felony. "
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Board Action:
CLXU4 February 21 , 1984
BOARD DF SUPERVISORS OF CONTRA COSTA COODMr CALIFORNIA
Claim Against the County, or District ) NOTICE TO CLAI4W
governed by the Board of Supervisors, ) The cops► th s t ma led to you is your
Routing Endorsements, and Board ) notice of the action taken on your claim by the
Action. AL1 Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all "Warnings".
Claimant: George Luis Wood
County Counsel
Attorney: Ronald M. Abend, Esq. JAN 2 0 1984
Address: 1333 Broadway, suite 840
Oakland , CA 94512 Martinez. CA 94553
Amount: In excess -of $250, 000 . By delivery to clerk on
Date ReCeiVed:January 18 , 1984 By mail, postmarked on January 13 , 1984
Certified Mail , Return Receipt 0
I. F%m: Clerk of the Board of Supervisors 70: County Counsel
Attached is a copy of the above-noted claim.
Dated: January 18 , 1984J.R. OISSON, Clerk, By �/� �(// V(Qhr�r>> qty
Helen P . Marino
II. FROM: County Camel TO: Clerk of the Board of Supervisors
(Check only one) ,,,,per
� ) This claim complies substantially with Sections 910 and 910.2.9 o-'''�;` (o�;mS of
co,
o e r t� r Clad ms a�r'�s n ,dj#t�yfu d s r l o r ft
p �ff 71na cia�n. .
( ) This claim FAIIS to comply substanti ly with Sections 910 �d 910.2, w2 are
so notifying claimant. The Board cannot act for 15 days (Section 910.8) .
Claim is not timely filed. Clerk should return claim on ground that it was filed
late and send warning of claimant's right to apply for leave to present late
claim (Section 911.3).A5 e l4 ",,i-- o f da.vh c- C� �.n'\LAXI o tIAS-r
( ) 6 v ec c U h l Lu k,,c.l.. �voS� more 1"LL7.n loo p��1�r f1�e—
� ;n�.p� Gl ✓v, Q 1
Bated: Ey: Deputy County Counsel
III. FROM: Clerk of the Board TO: (1) County Counsel, (2) Canty Administrator
(X) Claim was returned as untimely with notice to claimant (Section 911.3) .
IV. BOARD ORDER By unanimous vote of Supervisors present
( ) This claim is rejected in full.
(X) Other: Portion of original claim not previously returned as untimely
is rejected in full.
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
Dated: z1, 499 'I J. R. OLSSON, Clerk, By a ,a c , Deputy Clerk
WARNING (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6) months from the date of 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, yw should do so immediately.
V. FROM: Clerk of the Board TSO: (1) County Counsel, (2) County Administrator
We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a mem thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
( X) A warning of claimant's right to apply for leave to present a late claim was mailed
to plaimant.
DATID -,-k. 9 8 4 J. R. CYSSON, Clerk, By , puty Clerk
cc: County Administrator (1) County Counsel (2)
56
CLAIM
LAW OFFICES OF
RONALD M. ABEND, INC.
A PROFESSIONAL CORPORATION
RONALD M. ABEND 1333 BROADWAY,SUITE 840
TYLER P. BERDING
OAKLAND,CALIFORNIA 94612
DENIS J. DE PIZO
MICHAEL J. HUGHES (415) 485-4430
JAMES O. DEVEREAU% December 29, 1983
COUNTY OF CONTRA COSTA
Board of Supervisors
651 Pine Street, room 106
Martinez, California 94553
Re: George L. Wood
3852 La Colina
E1 Sobrante, California
Gentlemen:
Enclosed is George L. Wood's original Claim Against Public Entity.
Also enclosed are one copy of the Claim and a self-addressed postage prepaid
envelope. Please submit the original Claim to the appropriate authority and
stamp, date and return the copy of the Claim to this office in the envelope
provided.
If you should have any questions, please do not hesitate to call this
office and ask to speak with Ronald Abend and/or Kenneth Jacobson.
Very truly yours,
La Offices of Ronald M. Abend, Inc.
Beverly Norman, ecretary to
RONALD M. ABEND
/bin
enclosures
RONALD M. ABEND, ESQ,
LAW OFFICES OF RONALD M. ABEND, INC. REGI V ED
1333 Broadway, Suite 840
Oakland, California 94512
(415) 465-4430 JAN
Attorneys for Claimant J. R. ULMoN
BOARD OF SUaERVISORS
NTqA A{�'�.
B
CLAIM AGAINST PUBLIC ENTITY
[Government Code , 910.2]
To: COUNTY OF CONTRA COSTA
Board of Supervisors
651 Pine Street, room 106
Martinez, California 94553
Re: George Luis Wood
3852 La Colina Road
El Sobrante, California 94803
GEORGE L. WOOD hereby makes claim against the COUNTY OF
CONTRA COSTA for the minimum sum of $250,000.00 and makes the following
statements in support of that claim:
1. Notices concerning the claim should be sent to the Law Offices of
Ronald M. Abend, Inc. , 1333 Broadway, Suite 840, Oakland, California
94612.
2. The date and place of occurrence giving rise to this claim are
March, 1983 at El Sobrante, Contra Costa County, California, at or
about the above-referenced address.
3. The circumstances giving rise to this claim are as follows: In
March, 1983 a massive landslide occurred in the vicinity of La Cima
Road and La Cresenta Road, in the City of El Sobrante, County of
Contra Costa, State of California. The landslide destroyed numerous
houses and severely damaged others. Other homes which are not
physically damaged have suffered severe diminution in value, and all
residents have suffered emotional distress, inconvenience, and financial
hardship as a result of the slide. The slide originated on land owned
by the East Bay Regional Park District, within the City of Richmond,
and the County of Contra Costa. Claimant is informed and believes
the East Bay Municipal Utility District water lines and the West Contra
Costa Sanitary District lines contributed to the damage resulting from
the slide.
4. Claimant's injuries are in excess of $250,000.00 for property
damage, emotional distress, and further and other economic loss.
5. The names of the public employees causing the claimant's injuries
are unknown.
6. The claim as of this date is in excess of $250,000.00.
7. Compilation of claim and damages:
1. Total loss of house and other improvements, value:
See No. 6 or
2. Repairable damage to house and appurtenant structures,
estimated cost of repair $ Description of
damage:
See No. 6.
3. Damage to land, (walls, fences, grading, drainage, utilities,
landscaping), estimated cost of repair: stabilizing foundation
and Lot only:
See No. 6 ;
4. Personal property damaged, value $ See No. 6 ;
2 _ _ J
5. Emotional distress, estimated $ included in total claim ;
6. Other losses described below, estimate $ (included in total
claim). The total extent of losses to land and improvements
has not been ascertained. Deformed retaining walls,
foundation cracks, cracked walls are losses perceived by the
complainant.
TOTAL ESTIMATED CLAIM: $ excess of $250,000.00
Dated: January 13, 1984
Law Offi o nald M. Abend, Inc.
B
ona a on o
Claimants
3 60
Board Action
CZAIN February 21 , . 1984
BOW CV SDPBRDISC IO CP C MTiA COPA COUM12, CALZFOIN A
and the Contra Costa. County Water Agency
Claim Against the County, or District ) NNICE TO CLADGW
governed by the Board of Supervisors, ) The copys t ma led to you is your
Routing Endorsements, and Board ) notice of the action taken on your claim by the
Action. ALI Section references are ) Board of Supervisors (Paragraph IVs below),
to California Goverrinimt Codes ) given pursuant to Government Code Section 913
Claimant; Conrad Yates and 915.4. Please note all 'WarninoWty► Counsel
Attorney�ohn E. Haapala , Charles J . Maguire , Jr. JAN 2 0 1984
Van De Poel , Strickland & Haapala MaRinez. CA94553
Address: 2030 Franklin Street , Fifth Floor
Oakland , CA 94612 Via Public Works-Env . Control
Amount: $300, 060 - $500,000 . + By delivery to clerk on January 20 , 1984
Date Received: J-a nuary 20, 1984 By mail, postmarked an
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated; January 20 , 1984 J.R. OE S.SON, Clerks By Deputy
Helen P . Marino
II. FSI: County Counsel TO: Clerk of the Board of Supero cors
(Check only one)
(x) This claim oomplies substantially with Sect-ions 910 and 910.ZoPc els/ a S /
( ) Th s claim FAIIS to comply sttd
antially with Sections 910 and 910.2, and we are
so notifying claimant. The cannot act for 15 days (Section 910.8) .
Claim is not timely filed,)+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
�cllaipm� (Section 911.3) ✓z d /T r ILd-e'l Rt
`1' �� rrl�t u �r�i��v�t IL
t D z .c S
Dated: _ By: Deputy County Counsel
III. PROM: Clerk of the Board TO: (1) Cour Counsel, (2) County Administrator
(X) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BMW OFEER By unanimous vote of Supervisors present
( ) This claim is rejected in full.
(X) Other: Portion of original claim not previously ret„rnPr3 ac un*imalg
is rejected in full l
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
Dated: 4 8-1/ J. R. CHSSQJs Clerks By J Deputy Clerk
A UK= (Gov. Code Section 913)
Subject to certain exoeptians, you have only six (6) months from the date of this
notice was personally served or deposited in the mail to file a court action an this
claim. See Government Code Section 945.6.
You may seek the advioe of an attorney of your choice in connection with this
matter. If you want to consult an attorney, you should do so irnn*diately.
v. FROM: Clerk of the Board TO: (1) County Counsels (2) County Administrator
we notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a mom thereof has been filed
and endorsed on the Board's copy of this Claim in acoordanoe with Section 29703.
(X ) A warning of claimant's right to apply for leave to present a late claim was mailed
to claimant.
DATED: ' J.a , >9_ �J J. R. CdSSON, Clerks By ,�/ ' X12 , Deputy Clerk
cc: County Administrator (1) County Counsel (2)
CLAIM
1 JCHN E. HAAPALA
CHARLES J. MAGUIRE, JR.
2 VAN DE POEL, STRICKLAND & HAAPALA
2030 Franklin Street, Fifth Floor
3 Oakland, CA 94612
Telephone: (415 ) 763-2324 !4 C. Ems. ; v
4
Attorneys for Claimant
5 CONRAD YATES
'-C,C.WATER DiSTHiCT
6
7 RECEIVED
8 CLAIM AGAINST CONTRA COSTA WATER ENCY
JAN as iy81
9 TO: CONTRA COSTA WATER AGENCY
J• R. OLSSON
CLERK
90ARD OF SUPERVI
10 — —• G 9 n S n n_ L' CNTRA STAOBS
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12 1. The claimant' s name is CONRAD YATES.
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Qaw 13 2 . It is requested that notices be sent to claimant
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y ai°og 14 in care of VAN DE POEL, STRICKLAND & HAAPALA, 2030 Franklin
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¢ LLLLB 15 Street, Fifth Floor, Oakland, California 94612 to the attention
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VC 0 16 of John E. Haapala.
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Z 17 3. The date, place and circumstance of the occurrence
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18
or the transaction that gave rise to this claim are as
19 follows :
20 Claimant is a home owner whose residence is located
21 at 3820 Quail Ridge, Lafayette, Califoria 94549 (Lot 20,
22 Subdivision 3314 . Claimant' s home is located uphill
23 from Happy Valley Estates in Lafayette, California (Lots 1-14 ,
24 Subdivision 4747 ) . Claimant. purchased his property in
25 1971. The downhill property, at Happy Valley Estates,
26 was developed in 1977 .
27On a date presently unkown' to claimant, the CONTRA
28 COSTA WATER AGENCY accepted a sanitary sewage and storm
62.
1 drainage system running through Tract 3314 and more particularly
2 on claimant' s property at 3820 .Quail Ridge (Lot 20 , Subdivision
3 3314 ) . CONTRA COSTA WATER AGENCY, since the time mentioned
4 above, has been responsible for the inspection, maintenance
5 and control of the sanitary and storm sewer system.
6 Claimant believes that during 1977 , the CONTRA COSTA
7 WATER AGENCY, Contra Costa County Department of Public
8 Works, East Bay Municpal Utilities District, City of Lafayette,
9 the County of Contra Costa and the Contra Costa County
10 Central Sanitary District, accepted, approved, certified
a 11 and inspected the sanitary and storm drainage system located
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12 on the downhill property. of Happy Valley Estates (Lots
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QLLLLZ" 15 complaint for indemnity by the Happy Valley Estates Homeowners
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Ujoa " 0 16 Association. The cross-complaint was filed on August 12,
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a 17 1983 in the case entitled The Cork Harbor Company v. J. Arthur
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White Corporation, et al. , Case No. 224 922 , Superior Court
19 of California in Contra Costa County. The cross-complaint
20 alleges that .the uphill landowners (including claimant
21 in Subdivision 3314 ) negligently maintained their property
22 so as to allow water to drain from their property downhill
23 toward Happy Valley Estates (Subdivision 4747 ) . The cross-
24 complaint also alleges that the City of Lafayette and the
25 County of Contra Costa negligently approved, certified
26 and inspected the sanitary sewer and storm drainage system
27 at Happy Valley Estates , (Subdivision 4747 ) .
28 On October 28 , 1983 claimant was served by mail with
-2-
1 a cross-complaint for endimnity and damages by David Hicks
2 and Ann Hicks . The cross-complaint was filed on September 19 ,
3 1983 .in the case entitled The Cork Harbor Company v. J. Arthur
4 White Corporation, et al. , . Case No. 224 922 , Superior Court
5 of California in Contra Costa County. The cross-complaint
6 alleges similar allegations as outlined in the preceding
7 paragraph.. Hick' s .cross-complaint . also seeks. affirmative
8 relief by way of damages because of property damages caused .
9 by rock slipage on April 7 , 1983 . Hick' s cross-complaint
10 alleges that the CONTRA COSTA WATER AGENCY negligently
a 11 and carelessly approved, certified, inspected, and otherwise
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12 condoned the construction, design, soil tests, installation
0 3w 13 of drainage materials, foundation work, and other construction
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y � to the real property belonging to the Hicks and the whole
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QLLLLo�e 15 of Subdivision 4747 . Property damage was sustained by
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0 17 Harbor litigation. Claimant is informed and believes that
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if the water drainage system running through. his property
19 to the downhill. property caused any damage to Happy Valley
20 Estates and to the Hicks, then the failure of the CONTRA
21 COSTA WATER AGENCY to inspect, maintain and control the
22 storm drainage pipe running through his property was a
23 proximate cause of land slide and earth movement which
24 took place on. both claimant' s and Happy ,Valley Estates '
25 property. Further, if the preparation, construction and
26 installation of drainage piping and sewers at Happy Valley
27 Estates (Subdivision 4747 ) caused or contributed to land
28 slides and other movement, then claimant is .informed and
64
-3-
1 believes that the CONTRA COSTA WATER AGENCY was negligent
2 in design, preparation, installation, and maintenance of
3 the drainage and proximately caused the damages to Happy
4 Valley- Estates and to the Hicks .
5 Claimant ' s property and the vegetation thereon was
6 damaged by subsidence, landslides, excavation and cutting
7 away which occurred before, on and after August 19, 1983.
8 As a consequence of the above, claimant has been sued for
9 damages and incurred attorneys fees . The damages were
10 caused by the acts and omissions of the CONTRA COSTA WATER
a 11 AGENCY described above.
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12 4 . The employees of the CONTRA COSTA WATER AGENCY
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5<Moom, 14 the drainage system on the uphill property are unknown
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0 17 5 . Claimant' s injury is l ) potential liability for
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damages caused by a landslide and earth movement and repairs
19 necessitated thereby 2 ) monetary damages for loss of his
20 property which was excavated, cut away and the loss of
21 support of claimant' s residence, and 3 ) payment of attorneys '
22 fees.
23 6 . Claimant' s claim as of this date is for indemnity,
24 monetary damages of an unknown. amount for inverse condemnation
25 of claimant' s property, attorneys' fees and the costs of
26 defense of this action. The amount of indemnity sought
27 cannot be determined at this time although The Cork Harbor
28 Company and Happy Valley Estates Homeowners Association
r,
-4-
1 estimate the cost of repair presently to their property
2 at $300, 000 to $500, 000 and may cost more before repairs
3 are completed.
4 DATED: January 6 , 1984
5 VAN DE POEL, STRICKLAND & HAAPALA
6
7 By
CHARLESMAGU , JR.
8 Attorneys for aiman
CONRAD YATES
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1 CERTIFICATE OF MAILING
2 I, the undersigned, declare under penalty of perjury:
3 That I am a citizen of the United States, over the age of
4 18 and not a party to the within cause or proceeding; that I am
5, an employee of VAN DE POEL, STRICKLAND & HAAPALA, and my business
6 address is 2030 Franklin Street, Fifth Floor, Oakland,
7 CA 94612; that I served a true copy of the attached:
8 CLAIM AGAINST CONTRA COSTA WATER AGENCY
9 by placing said copy in an envelope addressed to:
10 CONTRA COSTA WATER AGENCY
P. 0. Box H2O
a 11 Concord, CA 94524
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a 12 Attention: Vickie Behrens
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21 and thereafter , on the date set forth below deposited in the
22 United States mail at Oakland, California. (That there is
23 delivery service by United States mail at the place so addressed,
24 or regular communication by United States mail between the place
25 of mailing and the place so addressed. )
26 Executed at Oakland, California, this 6th day of January
27 198 4 .
28
DAVELYNN LIYSIG r�
6
1 CERTIFICATE OF MAILING
2 If- the .undersigned, declare under penalty of perjury:
3 That I am a citizen of the United States, over the age of
4 18 and not a party to the within cause or proceeding; that I am
5 an employee of VAN DE POEL, STRICKLAND & HAAPALA, and my business
6 address is 2030 Franklin Street, Fifth Floor, Oakland,
7 CA 94612; that I served a true copy of the attached:
8 CLAIM AGAINST CONTRA COSTA WATER AGENCY
9 by placing said copy in an envelope addressed to:
10 CONTRA COSTA COUNTY WATER AGENCY
6th Floor - County Administration Bldg.
a 11 651 Pine Street
c Martinez , CA 94553
a 12
CONTRA COSTA COUNTY WATER AGENCY
03� 13 Temporary Office
z FQZ 2280 Diamond Blvd . , Rm. 440
5 a00W 14 Concord , CA 94520
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20 which envelope was then sealed and postage fully prepaid thereon,
21 and thereafter , on the date set forth below deposited in the
22 United States mail at Oakland, California. (That there is
23 delivery service by United States mail at the place so addressed,
24 or regular communication by United States mail between the place
25 of mailing and the place so addressed. )
26 Executed at Oakland, California, this 13th day of January
27 198 4.
28 �'`e
DAVELYNY LIEBIG
CIAM ,
' . BOM OF SUFERyi (w ODNrtiA, a sm amm, awrawa
Claim Against the County, ac District ) WMIC6 TO CLRIK STP
governed by the Board of Supervisors, ) The copys tma led to you is your
Routing Endorsements, and Board ) notice of the action taken on your claim by the
Action. All Section references are ) Board of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
Claimant: George and Joan Kasten and 915.4. Please note all 'Warnings'.
County Counsel
Attorney: Stephen D . Fraser
Boornazian , Jensen & Garthe JAN 2 0 1984
Address: P . O. Box 12925, 1504 Franklin St.
Oakland , CA 94604 Martinet, CA 94553
Amount: Un s pec i f i ed By delivery to clerk on January 19 , 1984
Date Received: -January 19 , 1984 By mail, postmarked on
I. FSM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
Dated:January 19 , 1984 J.R. OLSSCN, Clerk, By J� / • � �i c�w�) Deputy
nelen P . Marino
II. FRCM: Canty Counsel TO: Clerk of the Board of Supervisors
(Check only ane)
(X ) This claim complies substantially with Sections 910 and 910.2.
( ) This claim FAIIS to amply 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. 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: —2 By: Deputy County Counsel
III. FROM: Clerk of the Board T0: (1) County Counsel, (2) ty Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD CRR By unanimous vote of Supervisors present
( g) 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. --- t
Dated: F eb. 21 . 1284 J. R. OiSSCN, Clerk, By �c c .Q,e,�- , Deputy Clerk
. Reeni Malfatto
PP MIM (Gov. Code Section 913)
Subject to certain exceptions, you have only six (6) months from the date of this
notice was personally served or deposited in the mail to file a court action an 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.
V. PWM: .Clerk of the Board TO: (1) Canty Counsel, (2) Canty Administrator
We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a mem thereof has been filed
and endorsed on the Board's copy of this Claim in accordance with Section 29703.
( ) A warning of claimant's right to apply for leave to present a late claim was mailed
to claimant.
DATED: Feb. 21, 1984 J. R. CESSON, Clerk, By L , Deputy Clerk
cc: County Administrator (1) County Counsel (2)
89
CLAIM
R e
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 must be presented
not later than the 100th day 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. (Sec. 911. 2, Govt. Code)
. 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 (or mail to P.O. Box 911, Martinez, CA) .
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 end
of this form.
RE: Claim by ) Reserved for Clerk' s filing stamps
George and Joan KastenED
1YI�
Against the COUNTY OF CONTRA COSTA) JAN/0' 1984
or DISTRICT) J R. OLSSON
(Fill In name ) CLERK ARD OFSSUPERvi50R5
The undersigned claimant hereby makes claim agains the County of Contra
Costa or the above-named District in the sum of $600,000. 00
and in support of this claim represents as follows:
---------------------=----r--------------------------exact---------and-----------
1. When did the damage oinjury occur? (Give date hour)
See attached.
-----------T----------- -- n
---------------- ---------------------------
2. Where did the damage ij
---or ury occur? (Include city and county)
In and around Stein �qay, Orinda, Contra Costa County, California
-----------------d-
-----------------------------------------4---------------
3. How did the damage or injury occur? (Give full details, use extra
sheets if required)
Earth movement toward three residential properties located at and below
140 Stein Way.
- - --------------------------------------
4-.---What-----particular-= --------act----or---omission------ on the part of county or district
officers , servants or employees caused the injury or damage?
See attached.
(over- o
CLAIM BY GEORGE AND JOAN KASTEN
ATTACHMENT TO CLAIM OF BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
1. Earth movement began March 19 , 1983, threatening three
residential properties located on Stein Way. Defendants
were served with a cross-complaint by Kumao and Teruko
Yamashita on or about October 18, 1983 and now file this
claim for total and partial indemnity pursuant to Government
Code Section 901.
4. According to facts currently in the possession of this
claimant it is alleged that the County failed to inspect the
real property located above 140 Stein Way with respect to
approval of plans for grading and developing the real pro-
perty.
6. Damages claimed in Severson v. Erb, et al. , Contra Costa
Superior Court action #247509 are in excess of $600 ,000. 00.
This claim is for total and partial indemnity in the event
that claimant is held responsible for any part of the
amount of damages claimed by plaintiffs in action #247509.
7. The damages have been computed based on a preliminary
estimate by plaintiffs of the cost of repairing the land-
slide area and the damage to the residence at 140 Stein
Way. The actual damages may be in excess of this amount.
8. Ralph F. Severson, Betty Severson, Mr. and Mrs. William
G. Erb, Christine L. Ellis , Emma M. Goodman, Margaret
Wright Bomar, Constance L. Couts, Mr. and Mrs. Kumao Yamashita,
David W. Jedell, Urve S. Rowinski, Mr, and Mrs. Satya Narayan
Ray, Georgia L. Morrison, Susan A. Thacker. Scott Cunningham,
Lloyd P. Mortensen, Michael W. Wood, Mr. and Mrs. Stephen R.
Shephard, Mr. and Mrs. Harry R. Shephard, Omni Holding Cor-
poration, a corporation, and Orinda Development Company, a
corporation, Milton Wright, Orinda Hills, Inc. , a corpora-
tion, George Bond, Pearl Bond, Douglas Brodale and Genevieve
Brodale, Paul Seidelmann and Jeffrey Borum.
71
✓
Bohm OF .SUPERYirSM o c1Jl\m asm axiRr , af4Jiiava
Claim Against the County, or District ) TO CLhV4W
! governed by the Board of Supervisors, ) The copys t ma led to you is yaw
Routing Endorsements, and Board ) notice of the action taken on yaw claim by the
Action. A11 Section references are ) Hoard of Supervisors (Paragraph IV, below),
to California Government Codes ) given pursuant to Government Code Section 913
and 915.4. Please note all 'Warnings`.
Claimant: Susan Statzell
County Counsel
Attorney: Sanders , Dodson , Rives & McLaughlin
2211 Railroad Avenue JAN 2 p 1984
Address: Pittsburg , CA 94565
Martinez, CA 94553
Amort: $50, 080 . 00 . By delivery to clerk on January 18 , 1984
Jslnuary 18, 1984
Date Received: By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TD: County Counsel
Attached is a copy of the above-noted claim.
Dated: January 19, 1984 J.R. OLSSON, Clerk, By �� Deputy
1
Helen arino
II. FROM: County Counsel 70: Clerk of the Board of Supervisors
(Check only one)
(X1, 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. 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:
i
Dated: 2 By: Deputy County Counsel
' III. FROM: Clerk of the Board TO: (I County Counsel, (2) County Administrator
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of Supervisors present
(X) 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: 3 - J. R. OLSSON, Clerk, By _ et , ty Clerk
i4<ltiN= (Gov. Code Section 913)
Subject to certain ezoepticns, you have only six (6) months from the date of 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 imnediately.
V. FROM: 'Clerk of the Board TO: (1) County Counsel, (2) County Administrator
We notified the claimant of the Board's
action on this claim by mailing a copy of this document, and a mem thereof has been filed
and endorsed on the Board's copy of this Claim in acoordance with Section 29703.
( ) A warning of claimant's right to apply for leave to present a late claim was mailed
to claimant.
DATED: . J. R. (ESSON, Clerk, By Deputy Clerk
/ s CC: County Administrator (1) County Counsel (2)
j
CLAIM (ry
2
I
f
... - (SPACE BELOW FOR FILING STAMP ONLY)
1 LAW OFFICES OF 4i I
SANDEES, DODSON, RIVES & MCLAII6HLIN
2 2211 RAILROAD AVENUE RECEIVED
PITTSBURG, CALIFORNIA 04595
3 (415)432-3511
4 JAN Q9-, 1984
CLERK BOARD OFFSSON SSu ERVISORS
5 ATTORNEYS FOR Claimant
ON TRA COSTA CO.
...D
6 e
8 BEFORE THE BOARD OF SUPERVISORS
9 OF CONTRA COSTA COUNTY
10
11 Iia RE THE CLAIM OF )
12 SUSAN STATZELL. )
1
13
t4 SUSAN S"_'ATZELL does hereby present the following
15 claim against the County of Contra Costa:
16 1. Claimant ' s address is 611 Bountv Drive, West
17 Pittsburg, CA 94565.
18 2. Notices concerning this claim should be sent to
19 Ronald P. Rives, Esq. of the law offices of SAP?DERS, DODSON,
20 RIVES & MCLAUGHLIN, 2211: Railroad Avenue, Pittsburg, California
21 94565.
22 3. The circumstances giving rise to this claim are
23 s follows:
24 On December 6, 1983, claimant was an employee of the
25 4t. Diablo Unified School District and was driving a school bus
26 n Marina Road in west Pittsburg, an unincorporated area of Contra
7 3
ti s
s_
1 Costa County at its intersection with Shoal Drive. At said time
2 and place, ' the right wheel of the school bus which claimant was
3 operating fell into a depression in the road causing said school
4 bus to tilt to the right causing personal injuries to claimant
5 consisting of injury to her neck, arms and upper back.
6 4. The names of the employees of Contra Costa County
7 who negligently caused plaintiff ' s injuries are unknown.
8 5. The claim as of this date is in the amount of
9 $50, 000 .00.
10 6. The basis of computation of the above amount is
11 as follows:
12 a. General damages for personal injuries and permanen
13 disabilities in the amount of $50, 000. 00.
14 b. For medical expenses in an amount which is
15 presently unknown.
16 DATED: January 19, 1984. SANDERS, D SON, RIVES & McLAUGHLIN
17
18 By
19 R NALD P. RIVES
20
21
22
23
24
25
26
-2-
MW
SANDERS. DODSON.
Rrvcs & MCLUGHUN
ens R.nrro.o .ver. e � '\. Y
PIT SURO,CALIFORNIA 04665
APPLICATION TO FILE LATE CLAIM
r
' BOARD OF SUPERVISORS OF CONTRA COSTA COTN"'Y, MIXEOT M BOARD ACTION
Feb. 21 , 1984
Application to File Late ) NOTE TO APPLICANT
Claim Against the County, ) Rhe copy of this document mailed to you is your
Routing Endorsements, and ) notice of the action taken on your application by
Board Action. (All Section ) the Board of Supervisors (Paragraph III, below) ,
references are th California ) given pursuant to Government Code Sections 911.8
Government Code.) ) and 915.4. Please note the "Warning" below.
Claimant: John C . Van Pelt cjnnty tounse,
Attorney. c/o Howard R. Melamed �pN201984
319 Lennon Lane
Address: Walnut Creek , CA 94598 Martinez, 94553
Amount: Unspecified
By delivery to Clerk on January 2 0, 19 8 4
Date Received: January 20, 1984 By mail, postmarked on
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted Applcic�a ion
_ to 1F�°Laatte Claim.
DATED: January 20 , 19�4 R. OISSON, Clerk, By, �/�"� •' i Deputy
II. FROM: County Counsel T0: Clerk of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6) .
(�•) The Board should deny this Application to File a Late Claim (Section 911.6) .
DATED: JOHN B. CLAUSEN, County Counsel, By , Deputy
III. BOARD ORDER By unanimous vote of Supervisors presen
(Check one only)
( ) This Application is granted (Section 911.6) .
( n ) This Application to File Late Claim is denied (Section 911.6) .
I certify that this is a true and correct copy of the Board's Order entered in
its minutes for this date.
DATED: 2-21-84 J. R. OLSSON, Clerk, Bye 2)t , Deputy
Reeni Malfatt(Y
WARNING (Gov't.C. 5911.8)
If you wish to file a court action on this matter, you must first
petition the appropriate court for an order relieving you fr an the
provisions of Government Code Section 945.4 (claims presentation re-
quirement) . See Government Code Section 946.6. Such petition must be
filed with the court within six (6) months from the date your applica-
tion for leave to present a late claim was denied.
You may seek the advice of any attorney of your choice in connec-
tion with this matter. If you want to consult an attorney, you should
do so immediately.
IV. FROM: Clerk of the Board TO: 1 County Counsel, 2 County Administrator
Attached are copies of the above Application. We notified the applicant
of the Board's action on this Application by mailing a copy of this document,
and a memo thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
DATM: u`. R. OLSSON, Clerk, By . Deputy
V. FROM: 1 County Counsel, 2 County Adnu Mtrator 'R7: Clerk of the Board
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM `7j
CLAIM AND APPLICATION TO PRESENT LATE CLAIM
(GOVERNMENT CODE §910, 911.2 AND 911.4)
CLAIM AND APPLICATION TO PRESENT LATE CLAIM AGAINST CONTRA
COSTA COUNTY, c/o Clerk of the Board of Supervisors,
Administration Building, Martinez, California.
CLAIM AND LATE CLAIM ARE FILED PURSUANT TO GOVERNMENT CODE
§§910, 911 .2 and 911.4
CLAIMANT'S NAME: JOHN C. VAN PELT
CLAIMANT'S ADDRESS: 1663 Barnett Circle
Pleasant Hill, CA 94523
AMOUNT OF CLAIM: $4,0008000.00
ADDRESS TO WHICH NOTICES
ARE TO BE SENT: JOHN C. VAN PELT
c/o Howard R. Melamed
319 Lennon Lane
Walnut Creek, Ca 94598
DATE OF INCIDENT: December 5 or 6, 1980
LOCATION OF INCIDENT: Unimproved real property near
the intersection of Happy Valley
Road and Bear Creek Road in an
unincorporated area of Contra
Costa County, State of
California
HOW DID INCIDENT OCCUR: Negligence of Contra Costa
County in preventing accident
from occurring by willfully or
maliciously failing to warn of
dangerous uses of or activities
being made of the access road to
the subject property.
DESCRIBE DAMAGE OF INJURY: Multiple injuries, including
paraplegia and brain damage
ITEMIZATION OF CLAIM: Unknown at this time.
Dated: January 19, 1984
LE D HOWARD R. MELAMED
/ff,'oTQ
JAIL 01984 ,1.fi
R. OMON
ARD ir,OF SU RVISORS {! u
I.
REASON FOR DELAY IN PRESENTING LATE CLAIM
(Previously Presented to EBMUD)
Plaintiff experienced catastrophic injuries as a result of
the above noted accident which were:
1 . Paraplegia (T8 and T9 lesion to spinal chord)
2. Brain damage (the extent of which is still
uncertain)
a. Hearing and speech impediment
3. Amnesia of the accident itself, as well as for
approximately four weeks pre-accident.
Plaintiff was in a coma following the accident for
approximately two months and could not speak with any degree
of clarity for an additional two months. His current speech
is still impaired.
Plaintiff lived with his mother and sister at the time of the
accident, both of whom have been involved with Plaintiff' s
physical and mental rehabilitation, and, in particular, in
seeing to it that he obtained adequate medical care. Because
plaintiff was driving his own vehicle, neither plaintiff' s
mother nor his sister believed that plaintiff had a viable
claim against EBMUD or any other entity.
Plaintiff' s older brother, who does not live with plaintiff,
had a real estate transaction with Howard R. Melamed at the
end of November. In passing, the brother Anton Van Pelt,
described the subject accident. A day later, November 20,
1981, Anton Van Pelt and Howard R. Melamed drove to the scene
of the accident. In the next five working days, Howard R.
Melamed undertook legal research to ascertain whether a
claim could be lodged against the owner of the subject real
property, and, if so, upon what legal theory and ,the identity
of the owner of the subject real property and access road.
On December 1, 1981, permission of plaintiff' s mother,
Jonelle Van Pelt, was obtained to commence litigation.
Claims and a complaint were filed three days later on
December 4, 1981.
plaintiff was and is physically incapacitated because of the
subject accident, and has had to rely exclusively on his
mother, Jonelle Van Pelt, to manage his affiars. Mrs. Van
Pelt had no idea that .the owners of the real property could
be liable for the injuries sustained by plaintiff, and never
sought legal advice to pursue such a course of action until
her eldest son, Anton Van Pelt, brought counsel into the
picture. jry
r(
• f
Named as defendants in a lawsuit filed in Alameda Superior
Court which was filed within the one year period provided by
the Statute of Limitations was Claude T. Lindsay, who was
believed to' be the owner of the real property where the
accident occurred and East Bay Municipal Utility District
which was believed to be the .owner of the access road known
as the Black Hills Fire Trails on which plaintiff John Van
Pelt gained access to the unimproved real property owned by
Lindsay where the accident occurred. A great deal of
discovery has been undertaken by plaintiff. On January 5,
1984, the deposition of Walter D. Goggin, manager of
properties for EBMUD was taken at which deposition EBMUD also
produced a survey map of portions of the relevant real
property where the accident occurred. Walter Goggin
disclosed that the portion of the Black Hill Fire Trail which
abbutted Bear Creek Road appeared to be owned by the County
of Contra Costa.
On January 12, 1984, the deposition of Robert Nuzum
superintendent of land management and security was taken.
Mr. Nuzum confirmed the fact that the access portion of the
Black Hill Fire Trail where it abbuts Bear Creek Road
appeared to be owned by the County of Contra Costa.
File #740 had been previously produced by EBMUD which
documented the fact that the unimproved real property upon
which the accident occurred was owned by Claude T. Lindsay,
Inc . or a company controlled by the individual Claude T.
Lindsay which property had been conveyed by EMBUD. That deed
did not document the fact that the access portion of the
Black Hills Fire Trails had not been conveyed.
John Van Pelt, through his legal representative Howard R.
Melamed, learned about the ownership of the real property on
or about January 5, 1984, and, therefore, the "accrual of the
cause of action" pursuant to the provisions of §911.4
Government Code did not occur until January 5, 1984.
Dated: January 19, 1984
HO ARD R. MELAMED
8
APPLICATION TO FILE LATE CLAIM
• BOARD OF SUPERVISORS OF CONTRA COST-k COMMYr r C U IFO?2NIA BOARD ACTION
Application to File Late ) NOPE TO APPLICANT
Claim Against the County, ) The copy of this document mailed to you is your
Routing Endorsements, and ) notice of the action taken on your application by
Board Action. (All Section ) the Board of Supervisors (Paragraph III, below) ,
references are to California ) given pursuant to Government Code Sections 911.8
Government Code.) ) and 915.4. Please note the "Warning" below.
Claimant: Jack Stange 1 County Counsel
Attorney: Francis X . Driscoll FEB 0 7 1984
Address: 1990 North California Blvd . , Suite 802 Martinez, CA 94553
Wal-nut Creek , CA 94596
Amount-
By delivery to Cleric on
Date Received: February 7 , 1984 By mail, postmarked on Feb . 6 ,
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted Application to File late Claim.
DATED: February 7 , 1 J84R. OLSSON, Clerk, By % \ ,
Deputy
II. FROM: County Counsel TO: Cleric of the Board of Supervisors
( ) The Board should grant this Application to File Late Claim (Section 911.6) .
) The Board should deny this Application to File a Late Claim (Section 911.6) .
DATED: JOHN B. CLAUSEN, County Counsel, By �Deputy
III. BOARD ORDER By unanimous vote of Supero si ors present
(Check one only)
( ) This Application is granted (Section 911.6) .
(�( ) This Application to File Late Claim is denied (Section 911.6) .
I certify that this is a true and correct copy of the Board's Order entered in
its minutes for this date.
DATED: J. R. OLSSON, Clerk, By • , Deputy
Reeni Malfatto
WARNING (Gov't.C. §911.8)
If you wish to file a court action on this matter, you must first
petition the appropriate court for an order relieving you from the
provisions of Government Code Section 945.4 (claims presentation re-
quirement) . See Government Code Section 946.6. Such petition must be
filed with the court within six (6) months from the date your applica-
tion for leave to present a late claim was denied.
You may seek the advice of any attorney of your choice in connec-
tion with this matter. If you want to consult an attorney, you should
do so immediately.
IV. FROM: Clerk of the Board TO: 1 County Counsel, 2 County Administrator
Attached are copies of the above Application. We notified the applicant
of the Board's action on this Application by mailing a copy of this clocument,
and a memo thereof has been filed and endorsed on the Board's copy of this
Claim in accordance with Section 29703.
9
DATED: o?- a>- 9 J. R. OISSO!NI Clerk, By � . Deputy
V. FROM: 1 County Counsel, 2 County Administrator TO: Clerk of the Hoard
of Supervisors
Received copies of this Application and Board Order.
DATED: County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAIM
I Francis X. Driscoll
1990 N. California Blvd., Suite 802 RECEIVED
2 Walnut Creek, CA 94596
(415) 944-9303
3 rye -7 +984
J. R. OLSSON
4
Attorney for Claimant JERK BOARD OF SUPERVISORS
B
ONT:tom .,COSTA CO.
5 �
6 IN THE MATTER OF THE CLAIM OF JACK STANGEL
7
8 JACK STANGEL APPLICATION FOR RECONSIDERATION OF
CLAIM AND/OR IN THE ALTERNATIVE FOR
9 Claimant, LEAVE TO PRESENT LATE CLAIM PURSUANT
TO GOVERNMENT CODE SECTION 911.4
10 vs.
11 CONTRA COSTA COUNTY FLOOD
CONTROL DEPARTMENT and
12 CONTRA COSTA COUNTY
13 Respondents.
14
15 TO THE CONTRA COSTA COUNTY BOARD OF SUPERVISORS and CONTRA
16 COSTA COUNTY FLOOD CONTROL DEPARTMENT.
17 1. Application is hereby made to reconsider the claim filed herein on December
18 14, 1983 by Claimant JACK STANGEL, a copy of which is attached hereto and
19 incorporated herein as if fully set forth.
20 2. The request for reconsideration is based on the ground that injury from a
21 prolonged flooding of land is of a continuing nature, and the owner is entitled to treat
22 the claim as one that keeps accruing from time to time and present periodic claims
23 as the damage persists (Natural Soda Prods. Co. vs. Los Angeles (1952) 109 CA2d 440,
24 240 Ptd 993), or he may treat the entire sequence of events as the occurrence from
25 which the claim arose and compute the time for claim presentation from the last
26 event in the series.
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28
8o
1 See Natural Soda Prods. Co. vs. Los Angeles (1943) 23 C2d 193, 143 P2d 12 (flooding);
2 Amador Valley Investors vs. Livermore (1974) 43 CAM 483, 117 CR 749 (repeated
3 discharges of treated sewage). See also Aaron vs. Los Angeles (1974) 40 CAM 471,
4 115 CR 162.
5 3. In the alternative, claimant seeks leave to present a late claim as the failure
6 to present this claim within the statutory period was through mistake and/or surprise
7 and Contra Costa County was not prejudiced by this failure, all as more particularly
8 shown by the attached declaration of JACK STANGEL.
9 4. This application is being presented within a reasonable time after the accrual
10 of this cause of action, as more particularly shown by the attached Notice of Claim.
11 Whereforeit is respectfully requested that this application be granted and that
12 the attached proposed claim be received and acted on in accordance with Sections
13 912.4-913 of the Government Code.
14
1.5 Dated: UN 31 1984
'Francis X. Dryisbon
16 Attorney for Claimant
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1 Francis X. Driscoll, Esq.
1990 N. California Blvd., Suite 802
2 Walnut Creek, CA 94596
(415) 944-9303 y
3
4 Attorney for Claimant t
5
6
7
8 IN THE MATTER OF THE CLAIM OF JACK STANGEL
9
10 JACK STANGEL DECLARATION OF JACK STANGEL
FOR RECONSIDERATION OF CLAIM
11 Claimant, AND/OR IN THE ALTERNATIVE
FOR LEAVE TO PRESENT LATE
12 vs. CLAIM PURSUANT TO GOVERNMENT
CODE SECTION 911.4
13 CONTRA COSTA COUNTY FLOOD
CONTROL DEPARTMENT and
14 CONTRA COSTA COUNTY
15 Respondents. /
16
17
18
I, JACK STANGEL, declare and say that:
19
1, I am the claimant in the above entitled action. The facts set forth
20
herein are known personally to me, and I could and I would truthfully testify thereto
21
if I am called to so testify.
22
2. Our property at 3209 Lunada Lane, Alamo, California has been subjected
23
to heavy flooding for some time now. The flooding still continues. The latest incident
24
of flooding having taken place long after this claim was filed with the County and
25
the Flood Control Department on or about December 14, 1983.
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82
1 3. On or about the weekend of October 1 - 31 1983, after some heavy
2 flooding, I called the County and demanded an appraisal of what it was going to do.
3 Initially, a maintenance man came out who checked the creek and said everything was
4 O.K.
5 4. I was furious. However, since then I have talked to Mr. Milton Kubicek,
6 Deputy Director, Operation and Flood Control, who came to assess the extent and
7 cause of damages to our property.
8 5. On his specific recommendation, county workers came in and dredged the
9 creek to a level of about 5 feet deep.
10 6. Mr. Kubicek even told me that he had personally recommended that the
11 County underground the creek but that he was voted down by the Flood Board of
12 Supervisors who wanted to spend $75,000.00 somewhere else below our property.
13 On the basis of the foregoing, it is evident that the County is well aware of
14 the problem. They want to ignore the problem though and intend to spend money
15 somewhere else. Obviously the County cannot be prejudiced by its own decision.
16
17 I declare under penalty of perjury the foregoing to be true and correct this was
18 executed on January 31, 1984 at Walnut Creek, California.
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20
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21 �—
CK STANGEL
22 Claimant
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1 Francis X. Drisodll, Esq. .
1990 N. California Blvd., Suite 802 ?
ilv 2 Walnut Creek, CA 94596
(415) 944-9303
4 Attorney for Claimant
-
u 6
$ IN THE MATTER OF THE CLAIM OF JACK STANGEL
9
JACK STANGEL
10
Claimant,
• t: i1
vs. NOTICE OF CLAIM
12
CONTRA COSTA COUNTY FLOOD
13 CONTROL DEPARTMENT and
CONTRA COSTA COUNTY,
14
Respondents
a 15
16
j
F
yEY .
f `•. ` 17 JACK STANGEL hereby presents this claim to the CONTRA COSTA COUNTY
18 FLOOD CONTROL DEPARTMENT and CONTRA COSTA COUNTY (Respondents herein-
;`x' 19 after)
pursuant to Government Code Section 910.
20 1. The name and past office address of claimant is as.follows: Jack Stangal,
21 3209 Lunada Lane, Alamo, CA 94507.
22 2. The past office address to which claimant desires notice of this claim to
23 be sent is as follows: Francis X. Driscoll, Esq., 1990 N. California Boulevard, Suite
24 802, Walnut Creek, CA 94596.
25 3. On the weekend of December 3, 19839 after a heaty shower, claimant's
26 residence and property at 3209 Lunada Lane, Alamo, California, was subjected to heavy
27 flooding because of poor maintenance of a drainage easement at the back of claimant's
28 l.ot by the Centra Costa County Flood control Department and Contra Costa Cowes,
r• ,� .r 416
..
"� < 1 and also because• of their approval of the unplanned random development bf the load
. 2 discharging onto the drainage' creek.
3 3 Claimant's propertyhas been subjected tothis sort of flooding after every shower
4 from the overflow of the clogged-up drainage creek since December of 1982-the I&W
5 incident of flooding having taken place on or about December 3, 1883.
6 4. Claimant has owned the property at 3209 Lunada Lane, Alamo, California,
7 since May of 1988. The deed provides for a drainage easement of 35 feet wide
22,
8 extending 115 feet across the back of the lot. Over the past 15 years, the County
9 Flood Control Department has done minimal maintenance with the creek(weed trimin
10 only).
11 Until abouts years ago, there was only orchardproper y adjoining
claimant's
: . 12
property and the drainage easement. Then a group of about 10 homes was added by
=' 13 a developer. He was allowed ,to add two drainage pipes to clear the surface water
i
14 from the streets, etc., within the development. These drainage pipes are located
15 approximately 50 feet upstream (west) from claimant's property. The significant point
1S
Is that the added flow into the creek causes a silt increase to the creek bed. When
"rY^ 17 the County allowed the developer to pipe into the creek, they asked each of "ie
18 property owners backing an to the creek and opposite the development or downstream
19 to sign off as easement holders to allow the developer to excavate the creek bed.
20 The developer was to excavate the creek from the point of entrance of his pipes to
21 the east where the creek dumps into a sewer opening at the S.P. tracks (which has
22 noir been replaced by a jogging trail in 1981/1982).
23 The project was never started, let alone completed, by the builder or the
24 County. Additionally, claimant was told, and it has been confirmed by the County,
` 25 that the developer was ordered by the County to make a multiple thousand dollar
26 depdsit to fix the sewer opening at the S.P. railroad tracks as soon as permission was
27 gained to raise and work under a gas/or oil pipeline which ran alongside of the track.
r 28 Each year the claimant asked the County why this was not being waked an and was
40
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/ N
Nor
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3"a
l told that the ditch was not considered high enbugh priority, but that the deposit money
2 for fixing the pipe under the track was being held in escrow. While all this was going
3 on, the problem of water backs u from the small
ng p opening at the S.P. tracks. wis
4 helping to build up the silt level progressively.
�4
5 On or about January, 1982, or late 1981, the Alamo Shopping Center developers
6 contracted to build an office building complex which was to be built on the area where
7 the S.P. track and sewer pipe were located.
8 The County placed a large concrete sewer collector at the point of., connection
9 with the creek and large 4-foot concrete pipes were connected and dug underground
10 east of the S.P. track and below the parking lot of the office building complex.
11 At that time, claimant talked to the contractor who was on site at the creek
12 location. The contractor said that the work was prompted by the office building
13 complex and that the builder of the new office building, to his knowledge, was paying
' 14 the tab. When asked if the contractor was requested to bid on running the concrete i
15 pipes west upstream to relieve the creek problems, he said no bids were made.
t. !6 Claimant then called the County again and asked why the homeowners in that
17 area weren't asked to be involved in supporting a concrete pipe from the tracks
18 westward, indicating that the creek was silting up and would need help. Claimant was
19 told it wasn't high enough priority. When claimant asked about the thousands of dollars
. 20 in escrow for fixing the track that was provided for in allowing the first developer
21 to dump more water into the creek, he was told that the money was still in escrow.
22 The County additionally, in 1982/1983, placed a new concrete sewer collector
23 at the west end of the creek (upstream) without any notification to the downstream
24 property holders or without accurately assessing the impact of the addtional water
25 flowing downstream therefrom. Claimant was terribly distrubed' that the County had
26 put the new sewer installation upstream next to his home, thereby causing an enormous
"" 27 volume of water coming downstream. He was concerned because it was cutting away
28 his bank in the back of his property. .
-3-
}
k. ti •' SFti� l • � Yf
A e t
1 The slit level in the creek behind claimant's house has risen in Yl82/1983 to
'= 2 abort 2 feet from the top of the bank, but there was no one from the County ehw=,UW
3 to see how the increased volume from upstream was affecting the creek.
4 After a heavy flooding on January of '1983, which came through the house,
5 claimant called the Flood Control people and demanded help for his property, and was
6 told that they would send a man to look at it. Their man only looked at the creek
7 where it emptied into the pipe at the old S.P. tracks and said he had removed s couple
4a1;,
$ of posts.
9 On the weekend of .October 1-39 1983, the area received its first winter rain.
10 Claimant's property was again taking water into the backyard.
jj Claimant called the County the next week and demanded an appraisal of what
12 they were going to do. Initially, they sent out a maintenance man who represented
13 the Flood Control office. He informed the claimant that the creek was okay. When
14 claimant asked for a written statement that the creek was okay and no flooding to
15 .his property should occur, he was told that they couldn't give such a report, `and that
16 the creek work they were supposed to do (viz, cutting weeds). was not the soluden.
17 The creek, according to the maintenance man, needed to be de-silted or dredged out.
18 Milton Kubiesk, Deputy Director, Operations and Flood Control, came to claim-
19 ant's house and looked at the creek bed. When he saw how the two pipes, the first
20 developer had put in, were completely covered by silt, and the situation ,downstream,
21 he offered the following solutiont
22 "D"flt and dredge the creek to prevent flooding."
23 On or about the first week of November, 1983, County workers came in and
24 dredged the creek to a level of about 5 feet deep.
�.5 Mr. Kubleek admitted that he personally had recommended that the County
26 underground the creek in 1983, but. was voted down by the Flood Board of Supervisors,
k . 27 who wanted to spend $75,000 somewhere downstream from the property in Alamo.
s
.. 28 5. So far as it is known to claimant at the date of filing this claim,.claimants
%1
06
Y y
1 property mentioned herein has incurred 'damages in the amount of $35,00&" due to
2 dMweaiatian and approximately $159000.00 in the cost of repairs needed to restore the
3 property to its original eWition prior to the flood damage. Additionally, claimant
4 and his family have been subjected to severe mental anguish, distress and fear, far
5 which they claim $100,000.00 in compensatory damages.
6. Claimant is ignorant of the true names and capacities of employee or
f' 7 employees of respondent public agencies responsible for causing the injury and damage
8 to claimant's property, and therefore presents this claim against such employee or
9 employees by the fictitious names of DOES ONE through TEN inclusive. Claimant
` 10 wit amend this claim to allege their true names and capacities when ascertained.
11 7. At the time of presentation of this claim, claimant is informed and
1
12 believes and alleges thereon that his property and his family may suffer additional
13 damages in the future, exact amount of which is not known to claimant at this time.
. 14 Leave is requested to amend this claim when the extent of such damages is known. y
•� . 15 % � L
Dated: December 89 1983 am,,C A
FRANCIS X. DRISCOLL
'?< "., Attorney for Claimant
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