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HomeMy WebLinkAboutMINUTES - 10012002 - C.31-C.33 CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: Oct L2002 Claim Against the County, or District Governed by ) the Board of Supervisors,Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the 92a �160�t Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: $25,000 COUNTY COUNSEL tAA€ TINEZ CALIF, CLAIMANT: Stephan Seaman &Cesar Perez ATTORNEY: Mitchell Stevens DATE RECEIVED: Sept25, 2002 ADDRESS: 1320 Willow Pass Rd#500 BY DELIVERY TO CLERK.ON: Sept 25,2002 Concord, CA 94520 BY MAIL POSTMARKED: FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWE �-Cfier Dated: Seat 26,2002 By: Deputy 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: °� ��r-,-may: Deputy County Counsel III. FROM: Clerk of the Board TO:: County Counsel (1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: This Claim is rejected in full. { ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. �, r`'`te' � i `• ' F Dated: d t" ` k s .: J i y r�`, ': r`, : Deputy Clerk JOHN SWEETEN CLERK By p tY WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: < JOHN SWEETEN, CLERK By r !�f I �� Deputy Clerk .t to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRLi+CTXONf TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing craps 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, 1588, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov't Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 gine 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. .aud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp STEPHEN A. SEAMAN ) CEZE PAZ ) ADD Against the County of Contra Costa) or ) SEP 16 2002 District) {Fill in name} ) _f C�� J OF SLJPERVISORS e The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $25,000.00 and in support of this claim represents as follows. 1. When did the damage or injury occur? (Give exact date and hour) JUNE 25, 2002 AROHND 12:00 NOON 2. Where did the damage or injury occur? (Include city and county) CONTRA COSTA COUNTY JUVENILE, NARrINEZ. CALIFOFTIA 3 . How did the damage or injury occur? (Give full details; use extra paper if required) SEE ATTACHED. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? DRMI SLAMMING CESAR'S FACE DOW ONTO THE TABLE: UNDUE PHYSICAL FORCE DONE TO A MINOR: CESAR IS NOT CONFRONTATIONAL OR VIOLENT, HE WEIGHTS 1.10 lbs. (aver) 5. What are the names of county or district officers, servants or employees causing the damage or injury? DREW (LAST NAME UNMOM) 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ) TWO BRtr1KEN EB= TERM (SEE PHOTO) 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) THREE DAYS OF PAIN BEFORE Afi71"THING WAS DONE, BARE TOOTH NERVES F•)POSED. CESAR HAD CREAT DIFFICULTY EATING. CESAR HAD W]MEROUS VISITS TO THE DENTIST. COMPLETE DENTAL - WORE, TOOTH REPAIR AND BRACE , PAIR AND siMF;R'IM AND HUMILIATION. 8. Names and addresses of witnesses, doctors and hospitals. A STAFF MEMBER BY THE NAME OF TONY SACJ CESAR SCUTE WEEKS LATER AND ASKED HIM "WHY DID, DR91 DO THAT? CESAR NEVER TOLK HIMWHO DID IT 9. List the expenditures you made on account of this accident or injury. DATE TIME AMOUNT } Gov. Code Sec. 910.2 provides "The claim must be signed by the } claimant or by some person on his N C S abehalf " Name and Address of Attorney ) - 0". } (Claimant's Signature) } 210 CA DINE SCENIC DRIVE. #10 (Address) - MARTINEZ, CA 94553 } Telephone No. } Telephone No. 925-370-6922 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. While in a courtyard at Juvenile hall, 16-year-old Cesar Perez was having a friendly conversation with another youth through a screen. Staff member brew saw Cesar talking}told him to stop and report over to him. Cesar immediately said goodbye to his friend and went over to Drew; stopping to get a drink of water along the way. Cesar walked up to Drew. Drew grabbed Cesar's arm and twisted it. With his other hand, Drew grabbed Cesar by the back of the head and slammed his face down onto a table. Cesar was afraid and in pain as he had two front teeth broken From the impact. '14 By his twisted arm. Cesar, was then escorted to his room. Nothing was said about the teeth until Cesar was transferred to Summit, three days later. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: Oct 1, 2002 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the � IF� Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and P 18 ?m 915.4. Please note all "Warnings". AMOUNT: $25,000U T YC OUNSEL CLAIMANT: Stephen Seaman & Cesar Perez ATTORNEY: DATE RECEIVED: Sept 16,_2002 ADDRESS: 210 Carquinez Scenic Dr#10 BY DELIVERY TO CLERK ON: Sept 16, 2.002. Martinez, CA 94553 BY MAIL POSTMARKED: I FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SW Dated: „ Sent 17. 2002 By: Deputy &A 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: 4VZOP2,By:, Deputy Count y 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 ' s <`> JOHN SWEETEN, CLERK, By '`` 'n' ' .,,.* Deputy Yx f: {¢ De u 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. V Dated: } ' '`' t' { i'`: _ JOHN SWEETEN, CLERK By i fir✓! F '` ,;�' Deputy Clerk SEP-24-2002 10:09 ATTORNEY M i TCHELL� STEVENS 525 602 1'7' 5 P.02/04 Clair tot DOM OF BSE Xaoaa or uvsK•rarA W04,ft wvs.+s Inly=10M. 20 Cwaratw At Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue an or before December 31, 1987, must be presented, not later than the .100th day after the accrual of the siauaee of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and whish accrue on or atter Tanuary 2, 1988, mutat be presented not later than sine months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Gov*t Code 911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room, 106, County Administration Building, $51 Pine Street, Xartineaz, Cir 94553. C. If claim is against a district governed by than 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. XrAUd, See penalty for fraudulent claims, Penal Code Sec. 72 at the and of this form. aae�#e=e�etat*�ratatat#*fA�lrr+lr#�#••Aatl�w��Rtlt�+k+atm#r��lri+rttkrt#�M#i+k##,t,lt�Arl+��rr#Ac�r1t#�Arlr�atsltttr RE: claim By Reserved for Clark's filing stamp BMM-A„ ,) Q= PEM RECEIVED Against the County of Contra Costa) or ? SEP 16 2ffi2 Distria�t) CLERK�'�AF�D .uPERviSaRS (Fill in name) }D{(A/���i c , S y c //tea or r�®�rajj Of AW., Thee undersigned claimant hereby maker. claim against the County of Contra Costa or the above-named District in the sum of $25,000.00 and in support of this .claim represents as follows I. When did the damage or injury occur? (Give exact data and hour) 2. Where did the damage or injury occur? (Include city and county) IA 3. Now dial the damage or injury occur? (Give full details; use extra paper it required) SEE 4. What particular act or omission on the part of county or district officeara, servants or employees caused the injury or damage? L)Mq SLA B CESAR`S FACE LOM {M THE TABT E t CLUE PHYSICAL POWE DOM TO A M=R: CSS IS NOT CONFrOMT100L, OR VIOLWr, HE WEICMS 110 lbs. - RECEIVED— (otter) SEP 2 5 2002 CLERK BOARD OF SUPF'RtVISORS CONTRA COSTA CO. SEE'-24-2002 10:03 RTTORNEY MITCHELL STEVEN 925 602 1775 P-03/04 6> What aretrue tomes cat Out"xl.r V� ��..���... . . ._.�..,.., employees causing the damage Or injury? 6. What damage or injuries do you claim resulted? (Giv* mull extent of injuries or damages claimed. Attach two estimates for auto damage.) 7. Now was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) TWW 1u OF PAIN BEFORE A1i'Y'€WNG'MS DCM. MaM '=% MVS 'OStD. CESM HAD t"WAW I3MICMTY ECIC. CMR HAD NUMOM VISITS To CCMPLETB DENVAL MP.X, T=H =AIR Atm S. Names and addresses of witnessees, doctors and hospitals. A STAF` Mtn, BY THE NAW OF TONY SAS CE. + SOM WIMW TTS AM ASKS► SIM fr " y b=,I RW DO TAT? CW MM 'TALK HIM I'M DID IT. 9. List the expenditures you made on account of this accident or injury. r��ttrr�,�a!�+t�+e*ra��,�ie��ee�r�rr*,a*�t�r�t�e�r+��reer�,��,�frrar�e�t,��tr�e�e�r�r��:e►ere�er�er�r�� Gov. Code Sec. 910.2 provides } "The claim must be signed by the } claimant or by some person on his Fame and Address of Attorney ) MITCHELL A. STEVENS } LAW OFFICES OF MITCHELL A. STEVEI17�S (Claimant's Signature) 1320 WILLOW PASS ROAD, STE. 500 210 g, �I{' �3 3 CONCORD, CA 94520 (Address= 0 } } MAWTNM, CA 94553 Telephone No. _925-6QZ-1777 Tel+ephonee No. 925�37tJ-�9�� rrsar�ar��re,err+e�r�t+���r*,aeesar�e�r:#�t�rreM��,rr�aer�,��e�ar�e�eat,��+a�reee+e�re,�tr���e#��r�tetr��r Section 72 of the Penal Code provides: Every person who, with intent to defraud, presents for allowance or for payment to any $taat& 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 clsia, bill, account, voucher, or writing, is' punishable either by imprisonment in the county Jail for as period of not more than one year, by a fine of not exceeding one thousand ($2,000) , or by both such imprisonment and tine, or by ianprie;*nment in the state prison, by a :Cine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. SEP-24-2002 1009 ATTORNEY MITCHELL STEVENS 925 602 1775 P.04/04 While in a courtyard at Juvenile hall, 16-year-old Cir Perez was having a friendly conversation with another youth through a screen. Staff member.Drew saw Cesar talkingrtold him to stop and report over to him. Cesar immediately said goodbye to his friend and went over to Drew; stopping to get a drink of water along the way. Cesar walked up to Drew. Drew grabbed Cesar's arm and twisted it. With his other hand,Drew grabbed.Cesar by the back of the head and slammed his :lice down unto a table. Cesar was afraid and in pain as he had two frond teeth broken from the impact. By his twisted arm Cesar, was then escorted to his roam. Nothing was said about the teeth until Cesar was transferred to Summit, three days later. TOTAL. P.04 r ^�, CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: Oct 1,2002 Claim Against the County, or District Governed by ) the Beard of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action, All Section references are to ) The copy of this document mailed to you is your California Government Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please nate all "Warnings". AMOUNT: Unknown 9 Z002 CLAIMANT: Lesley Esquivel' COUNTYSEL MARTINE�uN EL ATTORNEY: Terry Buller DATE RECEIVED: Sept 13,2002 ADDRESS: 1418 Lakeside Dr BY DELIVERY TO CLERK ON: Sept 13. 2002 Oakland, CA 94612 BY MAIL POSTMARKED: Sept 11, 2002 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEI� C 3 Dated: Sept 202002 By: Deputy- 11. <{ � ' fu 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: :' By: ' .<. .. �.r( '4� {w' Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator(2) { } Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present: { } This Claim is rejected in full. { } Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:; JOHN_ SWEETEN CLERK B — -- s Y ,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 JOHN SWEETEN, CLERK By ah Deputy Clerk LAW OFFICES TERRY D. BULLER PROFESSIONAL CORPORATION THE CAMRON-STANFORD HOUSE HAROLD L.STROM 1418 LAKESIDE DRIVE MARCIA C.BERARDI RETIRED OAKLAND,CALIFORNIA 94612 SUZANNE M.BITTROLFF (510) 832-4295 PARALEGALS FAX(510) 832-24364 September 11, 2002 Clerk - Board of Supervisors CONTRA COSTA COUNTY 651 Pine Street Martinez, CA 94553 Re: Our Client: Lesley Esquivel Date of Accident: 07/21/02 Place of Accident: Iron Horse Trail Danville, California Dear Sir/Madam: Please be advised that this office represents Ms . Lesley Esquivel with respect to the injuries she sustained on the above date when she was thrown from her bicycle when her tire became stuck in the cracked pavement on the Iron Horse Trail . We will be making a formal claim on Ms . Esquivel' s behalf once her condition becomes stable. In the meantime, I would appreciate your courtesy in forwarding this letter to you Risk Management group and having their representative contact me to discuss this matter. Very truly ur, err D. Buller TDB:mcb TO: BOARD OF SUPERVISORS ,data Contra FROM: John Sweeten, County Administrator , ~ DATE: October 1, 2002 <' Csta SUBJECT: Final Settlement of Claim Courtnee Turner vs. Contra Costa County a County Claim No. 4811 R C32. SPECIFIC REQUEST(S)OR RECOMMENDATION(S)Sac BACKGROUND AND JUSTIFICATION RECOMMENDATION: Receive this report concealing the final settlement of Courtnee Turner and authorize payment from the Medical Liability Trust Fund in the amount of$400,000.00 BACKGROUNDIREASONS FOR RECOMMENDATION: Richard J. Conti, Attorney for the County, has advised the County Administrator that within authorization, an agreement has been reached settling the medical liability claim of Courtnee Turner vs. Contra Costa County. The Beard's September 24, 20302 closed session vete was Supervisors Gioia, Uilkema, DeSaulnier, Gerber, and Glover- yes This action is taken so that terms of this final settlement andthe earlier September 24, 2002 closest session vete of this Board authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: YS SIGNATURE: ---'RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMI E �APPROVE _ OTHER SIGNATURES ACTION OF BOAAVON`OIV ( ,-` iN u�. , : t"5 APPROVED AS RCOMMENDED - OTHER VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN AND ENTERED ON THE MINUTES$OF THE BOARD k UNANIMOUS ABSENT z, 1 OF SUPERVISORS ON THE DATE SHOWN. AYES: DOES: ABSENT: ABSTAIN: ATTESTED '. v } 1,#. q C:IMy Documents\Board Ordersl80-200ZB0-C7 n.doc l0 S E N CLERK OF THE BOARD OF Contact. Ron HarveySUP SORS AND COUNTY,ADMINISTRATOR Cc: Risk Management ;� i j # ° y Auditor-Controller ;' ' °tf q,D�F`7 o- BY �: ti. TO: BOARD OF SUPERVISORS FROM: John Sweeten, County Administrator 4)9>5-;�-7 y Comm DATE: October 1, f w '# Co �t a SUBJECT: Final Settlement of Claim '" n .;rte.'`• Stanley Tipton v, Contra Costa County { t ' � ty WCAB No: WCK 0058258 , SPECIFIC REQUEST(S)nit RECOMMENDATION(S)&BACKGROUND AND JUSTIMC TION RECOMMENDATION: Receive this report concerning the final settlement of Stanley Tipton and authorize payment from the Workers' Compensation Trust fund in the amount of$25,400, BACKGROUNDIREASONS FOR RECOMMENDATION: W.R. Thomas„ defense counsel for the County, has advised the County Administrator that within authorization, an agreement has been reached settling the workers' compensation claim of Stanley Tipton vs. Contra Costa County. This Board's September 17, 2002 closed session vote was Supervisors DeSaulnier, Clover, Uilkema, Gerber and Gioia —Yes. This action is taken so that terms of this final settlement and the earlier September 17, 2042 session vote of this Beard authorizing its negotiated settlement are known publicly. CONTINUED ON ATTACHMENT: YES SIGNATURE: r T2ECOMMENDAT#ON OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE ---APPROVE OTHER SIGNATURE-(S): ACTION OF B RD ON � r �; `'�. APPROVED AS RECOMMENDED OTHER �qf L4 VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT COPY OF AN ACTION TAKEN t AND ENTERED ON THE MINUTES OF THE BOARD UNANIMOUS (ABSENT OF SUPERVISORS ON THE DATE.SHOWN. AYES: NOES: ASSENT: ABSTAIN: j wj ^. ATTESTED C:1MY DocumentstBoard Orderst80-200ZBO-STlp.doc JOHN SWEETEN,CLERK OF THE BOARD OF Contact: Ron Harvey (355-4443) s SUPERVISORS AND COUNTY ADMINISTRATOR cc: GAO,Risk Management Auditor-Controller BY , i v #�'' " "-,DEPUTY