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HomeMy WebLinkAboutMINUTES - 02231993 - 1.33 • ; /.33 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA County Counsel Claim Against the County, or District governed by) JA the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT RUARY 1993 and Board Action. All Section references are to ) The copy of this document mailed �U yb�► e§4f California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $4,000 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: BALDASSARI, Dino and Bettina ATTORNEY: Date received ADDRESS: 206 Elaine Drive BY DELIVERY TO CLERK ON January 25, 1993 (via Risk Mgmt) Pl.easant Hill, CA 94523 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. Q BATCHELOR, DATED January 25, 1993 BUIL Clerk eputy 11. FROM: County Counsel TO: Clerk of the Board of Supervisors ( /4This 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: ��-�^ 7 BY: ' L=::t4__JDeputy 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: F E 6 2 3 1993 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately, *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as Shown above. Dated: F E 3 2 3 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator �I - T This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. " t Clair: to: BOARD OF SUPERVISORS OF CONTRA COSTA 00(= INSTRUCTIONS 'TMJ 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, 19889 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 .one..year after the accrual of the cause of action. . (Govt., Code7'§911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Se--. 72 at the end of this form. RE: Claim By ) Reserved for Clerk's filing stamp f ---- RECEIVED LIZ Against the County of Contra Costa ) %M 2 5 1993 or ) District) CLERK BOARD OF SUPERVIS F111 in name ) I CONTRA COSTA CO. The undersigned claimant hereby makes clai against the County of Contra Costa or the above-named District in the sum of $ G�©do 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 co=ty) A� 3. How did the damage or injury occur? (Give full details; use extra paper if, Ele 4. What, particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? f12 6 1 LRn /;Z kFP P f/ (over) ti �. wnat are the names of county or district officers, servants or employees causing tie dan-a- ge or iniury? IZAI.1&0 W N� - ----- - -------------------- 5. What damage or injuries do you claim resulted? (Give full e?!.tent of injuries or damages c iced. Atta h two esti tes for auyamage.�1C�iVS%vim ri #r, M S / �1�I/I N �R;L/v�w 7�Oor!- rvo D Ivo p " r � ..... Q AM M •To o 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or e.) Pt7,Q.)11-ZA ag-160 yvsx3afYd 8. .Names and addresses of witnesses doctors and hos italn. �LG'�"�v'Trl'r�Gj Circ 1 oM 3oQnAN Pvc����u/dR�r's svT. �' ui�TF2 wpyr iy�+aTi,���,Cg 1�aiv, �j/��I12 ` IHS I'1$R� 6611 Fw"= ST, //We Cf1- /�,V/ 41-legs VPZ �lLST �:��'NS, Co �6�67VNotV RI? -5ui7�C 1.C71Agz e# 9. List the expenditures you made on account of this accident or injury �.DATE ITEM aMOt3N- to L PAM r. /1141,79 )VZ0,4' ,�p �72'�O ffvas'"Pep u I!� %/& �c�rt��.�-���v� PRC)JYLEr1 i.s C oQR.6�e7, � Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or some nemo on h s behalf." Name and Address of Attorney =2A 40 Clai 's Signature X06 Address 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, 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 imprisonrPent in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. BENTON C. CAVIN 212 ELAINE DRIVE PLEASANT HILL, CALIFORNIA 94523 CERTIFIED - RETURN June 24 , 1983 RECEIPT REQUESTED Leon McNeil Chief Building Official City of Pleasant Hill 106 Astrid Drive Pleasant Hill , CA 94523 RE: Southern Pacific Right-of-Way Grading and Drainage South of Lisa Lane Dear Mr . McNeil : I live at 212 Elaine Drive and hence my backyard abuts the Southern Pacific right-of-way. There has been considerable y grading and drainage work going on in the past two months in the SP right-of-way directly behind my house. I am a registered civil engineer in the State of California . I am familiar with this kind of work. Nevertheless , despite several phone calls to various part.'les , _I have been unable to get a full grip on what is happening and who is responsible. My primary concern is flooding of my property and my neighbors ' property. I am also concerned about fire safety, the safety of my children and the long-range plan for disposition of the SP r,Lght-of-way. I understand that the City of Pleasant Hill , and particularly your office, should have reviewed the plans and approved them before this construction took place. I understand you have not done so. I request that you obtain the plans of the developer , Desco, and the Contra Costa Flood Control District , and take appropriate review and permitting action. I would be happy to walk the site with you and point out the significant features. Following I will describe my observation of the situation. I have lived at 212 Elaine Drive since 1977, so I have had the opportunity to observe the high water conditions over several years . Before- the SP removed its tracks in 1979 there was a small timber bridge a few feet south of Lisa Lane. Substantial runoff would pass under the tracks here during winter storms . r Leon McNeil June 24 , 1983 Page 2 This water then had difficulty getting through the two 36" reinforced concrete pipes under Lisa Lane. By difficulty, I mean the water pooled and created a backwater 200 ' + long on the west side of the tracks. This stream flow always ran down the east side of the SP right-of-way opposite my house until it reached the small timber bridge adjacent to Lisa Lane. In May, a contractor, apparently in the employ of the developer, Desco, constructed various diversion facilities whereby this water is rerouted to flow on the west side of the SP right-of-way rather than the east side as it has done in the past. A small ditch 30" wide X 30" deep was constructed immediately behind my house to accomodate the flow. This ditch is of insufficient capacity to handle the stream flows that I have observed. If it fails, my neighbors and I will be flooded. Rich Nugent of Contra Costa Flood Control advises that Desco has determined a design flow of 45 cubic feet/second based on a 10-year storm. I have checked the capacity of the ditch using the standard open channel flow formula (the Chezy-Manning formula) and find that this 30" X 30" ditch is far too small to accommodate 45 CFS. Mr. Nugent advised that the slope of the ditch is . 001 . Using a roughness coefficient "n" of 0 .03 , I calculate the capacity of the ditch to be less than 9 cubic feet per second. Therefore, the design storm can be expected to :bring five times more flow than this ditch will handle. My neighbors and I will be flooded. Before this recent activity I was in no such danger. Please take action to correct the situation. Compounding the problem has been the placing of substantial fill ;.n the SP right-of-way. To give an idea of scale, I estimate 2 , 000 cubic yards have been dumped in the last two months in the narrow neck north of the Wilson Oil permit . This fill has been placed in the original water course between Fair Oaks school and the old track bed. This fill was placed by Burkhart Construction and was not "clean" fill . It contained much broken concrete and AC pavement . I was told that the original water course on the east side of the tracks would be re-opened to accommodate high water flows . I have seen no significant activity in this regard. Instead, I note that a depression or swale has been graded on the Wilson Oil permit just to the south of my home. This graded Swale is designed to capture more water from the east side of the right- of-way and pass it to the west side -- upstream of my house. Leon McNeil June 24 , 1983 Page 3 Regarding fire safety: Contra Costa Consolidated Fire District annually plows the weeds in the right-of-way as a fire prevention measure. This year because of the Desco-constructed ditch, they were unable to plow the 10 ' + adjacent to the Fair Oaks homes. This is the most critical 101 . The other safety issue is the ditch itself. When the ditch was constructed in May it filled with water which did not drain. The water sat 2 ' deep, grew stagnant, and functioned more or less as a leach line. With the steep sides a small child could easily drown. Also, stagnant water is a health hazard. Contra Costa Flood Control District plans to construct an 84" storm sewer to a temporary termination point 100 ' + to the north of me this summer. I am told they plan to accept the stream flow at the temporary termination. The plans provided me, however, do not show this. If they do accept flow this will probably protect tt;e more northerly Fair Oaks homes from flooding, but would do nothing for me and my neighbors . There is also a question of safety for a temporary intake. This will be adjacent to Fair Oaks school and must be carefully constructed. Why do I write you? I can of coursT sue if I am damaged by any of this activity. My view is that .the city is responsible to review and permit construction, and therefore should avert damages before they occur. This is far preferable to lawsuits after damage has occurred. I am sending a copy of this letter to various parties to formally notify all of my observations and concerns and to advise that if I am damaged I will seek recompense from the responsible parties. Sincerely, Benton C. Cavin BCC/wv cc : By Certified Mail : - Desco Group, Attention: Walt McEaery - Contra Costa Flood Control , Attention: Boyd Jewett Dennis Messick, Planner, City of Pleasant Hill Contra Costa Consolidated Fire District , Attention: David Emory John J. Mulhall Paul Cooper K. E. McFarland Gordon_,Lamb. CDino_Baldassar4 BENTON C. CAVIN 212 ELAINE DRIVE PLEASANT HILL. CALIFORNIA 94523 June 30, 1983 Dennis Messic]c Associate Planner City of Pleasant Hill 106 Astrid Drive Pleasant Hill, CA 94523 RE: Southern Pacific Right of Way Long-range Plans Dear Mr. Messick: Last week I sent you a copy of my letter to Leon McNeil dated June 24, 1983 regarding recent construction in the Southern Pacific right-of-way. Aside frons the hooding and safety dangers to Fair Oaks homeowners, there is a planning issue here. The issue is haphazard changes to the SP right-of-way. The dumping of 2, 000 cubic yards of earth, broken asphalt and bro':en concrete is a sut-star.tial cliange tcl the rich}-of-ga_y. In the Wilson Oil per-IT,4 ]u.S': to the sot],4 of i?.e, I r:av-e seen various ehangos i.nc,:.1�;di.­;g the burial of :::abs! ar,i:i. ,.l_ refuse. IT,e co.:,cept of a linear ("-,�-Irbage du,, ip is not: attrac-_ ivc t.(-) contcnnpl.ate. I see some similarities to the Love Canal situation he,_e. I would like to see the City take a visible role in prom.oting an amenity rather than an eyesore. I .feel the linear park, bike Fath, foot pith, horse trail concept is ideLl for the right-of- way and would he an addition that Pleasant Bill could he proud of. The old railroad br;iclr.le at walnut CreC?:. and Monul;lent Boul.0'varA ptlxr_hw'sed by tbo 17a,3t 31- ay Regional Purk Di .trice , needs to be fitted into -the world -- such a concept would do that . Please let me know your views on long-range plans For the SP right-of-way and the status of pr..esent planninc efforts . Sincerely, Benton C. Cavin cc : John J. Mulhall Paul . Cooper Gordon and Goldie Lamb Dino and. Bettina-:-Bald ssarI East Bay Regional Park District (Attention : Elewlett Hornbeck) CITY OF PLEASANT HILL MEMORANDUM October 4 , 1983 TO: DENNIS MESICK GORDON LAMB BILL LIGHTFOOT FTiOM: JIM SEE } SuBJECT: SOUTHERN PACIFIC RIGHT-OF-WAY FLOODING MATTER This will confirm our discussion of this afternoon and will sum- marize the concerns as we jointly see them in this matter. The Wilson Oil Company has apparently placed fill that blocks a tra- ditional drainage ditch that flows along the westerly boundary of the Southern Pacific right of way from Hookston going north. The water in that drainage ditch now goes onto six private homes on Suzanne Place and Elaine Drive. The County is constructing a new storm drain in the area and they 4a are ' now south of Lisa Lane and into the area of the fill placed by Wilson Oil Company . It would be to the advantage of the six residents for a new ditch to be dug through the Wilson Oil Company fill such that the x°.ate„ :from the old ditch would be carried from Hookston to the new storm drain being constructed by the Flood Control District . We do not know the legal ramifications of this action nor who could legally do the work. Dennis Mesick will continue discussing this matter with the California Shake and Shingle . Bill Lightfoot will ask the County if they can legally do the work. In addition to this .flooding problem, there is a flooding problem on Lisa Lane at the eastern side of the Southern Pacific right of way. This flooding appears to be occurring because of work done by the contractor. It can be alleviated by the restoration of the ditch along the south side of Lisa Lane, by the cleaning of the culverts, and by the removal of material from the area north of the culverts. Bill will discuss this with the County engineers. J IM SEEe 14 DIRECTOR OF PUBLIC WORKS JS : 1-b ' �e s7+r o>Y of pYY{t Ll-j O to iA En O Ri a O O r� Ua $4 H ,e� 4. a � 0 wo 41r1 � � EU to N o o ° a� W >4.ri � LU aQ 0EHa Ica uj N I o ad 0 L Lu Q 00 H Ol H W Er CO o aZ ttl Ln ; a w o w o F O Wa ►n e N J Q p C� yiJ( X E-4 n � }, z w U H cr o o , r4 a W w Id Q 0 W 0 LL o a Aar� r� v H CLAIM County Counsel 7, , BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA 7 11993 Claim Against the County, or District governed by) BO C ON the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT wimeF X Q�,,yq 3 and Board Action. All Section references are to The copy of this document mailed to you is your notice of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: Unknown Section 913 and 915.4. Please note all "Warnings". CLAIMANT: ERHAF.DT, Mary ATTORNEY: Date received ADDRESS: 782 Danville Blvd. BY DELIVERY TO CLERK ON January 21, 1993 Danville, CA 94526 BY MAIL POSTMARKED: January 20, 1993 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. IV IL January. 25, 1993 IVIL BATCHE OR, Clerk-- eputy101, 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: � ^� 2 /993 BY: �• Deputy County Counsel i 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD RDER: 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: FEB 3 1993 PHIL BATCHELOR, Clerk, ByZE . Deputy Clerk WARNING (Gov. code se ion"923) .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 1 am now, and at all times herein mentioned, have been a citizen of the United States, over age 16; and that today 1 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: F E B 2 3 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. Chaim tbi / BOARD OF SPE MSORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO Cd.AIMANT 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, 19870 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 6911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553• C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. ' E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this To. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * RE: Claim By ) Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa ) JAN 2 1 1993 or ) k CLERK BOARD OF SUPERVIS District) -rqA COSTA CO. Fill in name ) , The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 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) Ile- , 9 YI 3. How did the damage our injury occur? (Give full details; use extra paper if required) 59 4: What particular act or emission on the part of county or district officers, servants or employees caused the injury or damage? (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? G�/.-� c�A. /Zo zL c�•�"`�'. �lLe� /11-�rna� � ��J ----------------------------------- ----------------------------------- ------ ---------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) --------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. � 3a-O o Y/,v 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT Z" Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person on his behalf." Name and Address of Attorney Claimant's Signature Address Telephone No. Telephone No. * # * # * V V V V V V V I V T * # NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. RECEIVE® JAN 2 11993 CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. y�/`f� U�o ��3a oy • /33 CLAIM Count 7 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA `''B�1an/�AA'' Y Co a nse! Claim Against the County, or District governed by) R? 7CI9&I; the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT 11/1drlaR ZRY 23, 1993 and Board Action. All Section references are to The copy of this document mailed to you S Wdrwbig3 of California Government Codes. ) the action taken on your claim by the Board of Supervisors (Paragraph IV below), given pursuant to Government Code Amount: $909,100.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: MARTINELLI, Phil. MARTINELLI, Phy.l.is ATTORNEY: Rociney A. Klein, Esq. Date received ADDRESS: A Professional. Corporation BY DELIVERY TO CLERK ON January 25, 1993 2.300 Be.l.l. Executive Lane certified Sacramento, CA 95825 BY MAIL POSTMARKED: January 21, 993 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: January 25, 1993 IVIL BATCHELOR, Clerk epuI1. FROM: County Counsel TO: Clerk of the Board of Su-r-visors ( 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: �wuuo;ter ;_7 1 3 BYeputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD RDER: 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: F E B 2 3 1993 PHIL BATCHELOR, Clerk, By9. . Deputy Clerk WARNING (Gov. code s 13) 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 warnina 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: FEB 2 3 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. i 1 RODNEY A. KLEIN BAR NUMBER: 035541 RECEIVED 2 A PROFESSIONAL CORPORATION 2300 BELL EXECUTIVE LANE 3 SACRAMENTO, CALIFORNIA 95825 JAN 2 519M TELEPHONE: (916) 929-8424 4 CLERK BOARD OF SUPERV Attorney for Claimants CONTRA COSTA C . 5 6 7 8 9 Claim of: 10 PHIL MARTINELLI and PHYLIS MARTINELLI, individually CLAIM FOR PERSONAL 11 and as the administrators INJURIES; WRONGFUL DEATH the Estate of PAUL ANTHONY [GOV. CODE SECTION 910] 12 MARTINELLI, deceased, 13 14 vs 15 BOARD OF SUPERVISORS OF THE COUNTY OF CONTRA COSTA 16 17 TO: THE STATE BOARD OF SUPERVISORS OF THE 18 COUNTY OF CONTRA COSTA 19 YOU ARE HEREBY NOTIFIED THAT Phil Martinelli, Phylis 20 Martinelli, individually and as Administrator of the Estate of Paul 21 Anthony Martinelli, deceased, whose address is 2300 Heritage Creek 22 Drive, Alamo, California 94507 , claim damages from the Board of 23 Supervisors, County of Contra Costa, in the amount of $909, 100. 00. 24 This claim is based on the wrongful death sustained by 25 claimants' son, Paul Anthony Martinelli, deceased. On August 7, 26 1992 , in the vicinity of North Main Street and Kazebeer Lane. , i 27 the City of Walnut Creek, County of Contra Costa, State o 28 1 I California, Paul Anthony Martinelli was killed in a bicycle vs a 2 truck collision. A Peter Bilt truck, driven Lawrence Robert 3 Ambrose, was traveling south on North Main Street and turned 4 directly in front of the decedent, Paul Anthony Martinelli who was 5 riding his bicycle north on North Main Street. The claimants 6 allege herein that the cause of the accident was the negligence of 7 the County of Contra Costa in negligently managing, repairing, 8 maintaining, designing, marking the placement of warning signs and 9 placement of bike lanes at the intersection of North Main Street 10 and Kazebeer Lane, and the surrounding area. 11 The injuries sustained by claimants, as far as known, as of 12 the date of presentation of this claim, consist of the following: 13 claimants Phil Martinelli and Phylis Martinelli, individually, and 14 the Estate of Paul Anthony Martinelli will suffer the loss of 15 solace, comfort, love and society as a result of the violent death 16 of their son, Paul Anthony Martinelli. 17 The amount claimed, as of the date of presentation of 18 this claim, is computed as follows: 19 General Damages: $900, 000. 00 20 Special Damages: 9, 100. 00 21 22 Oak Park Hills 6, 000. 00 23 Marker 500. 00 24 St. Mary's Cemetery 2 , 500. 00 25 Total Amount Claimed: $ 909,100.00 26 27 28 2 1 The names of the public employees causing said injuries 2 and/or wrongful death are unknown at this time. 3 Jurisdiction over the claim would rest in the Superior 4 Court of Contra Costa County, State of California. 5 All notices or other communications with regard to this 6 claim should be sent to claimant's attorney, Rodney A. Klein, A 7 Professional Corporation, 2300 Bell Executive Lane, Sacramento, 8 California, 95825 (telephone: (916) 929-8424) . 9 DATED: January 21, 1993 RODNEY A. KLEIN 10 Attorney for Claimant 11 12 PROOF OF SERVICE BY CERTIFIED MAIL 13 14 15 BOARD OF SUPERVISORS COUNTY OF CONTRA COSTA 16 651 Pine Street, Room 106 Martinez, California 94553 17 18 19 J( 20 ..,d 5 .;.es and 21 22 ':5;5:iJQ "ort?U,CA 951325. Oil ;Ir:,,. ;''!c!Eo:ti1 23 C;,..,,_ .:C!!t;lje 24 With in 25 LrP.nn. 26 27 28 3