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HomeMy WebLinkAboutMINUTES - 10252005 - C29 CLAIM61. 081 BOARD t F PERVIS© S OF CONTRA COSTA COUNTY BOARD A.+CTICJN: 2005 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 Board of Supervisors. (Paragraph IV below), given Pursuant to Government Code Section 913 and 915.4. Please note all"Warnings". AMOUNT: 1 'DOLLAR CLAIMANT: STAN LEWELLE'N ATTORNEY: UNKNOWN DATE RECEIVED: SEPTEMBER ��, 2{705 ADDRESS:' 6.505 ARLINGTON BLVD. , BY DELIVERY TO CLERK ON: SEPTEMBER 19, 2005 RICHMOND) CA 94805 BY MAIL POSTMARKED. HAND DELIVERED FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the(above-noted'claim. JOHN SCBE , �rk Dated. SEPTEMBII 19 2005 By: Deputy II. OM: County Counsel TO: Clerk of the Board of Supi=ors (WT is 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 isnot 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). (..YC3tlter: e G (At-" t 5 on! r�+t� � ecs+C "� E�Cs��Y"r'k GOY^ Dated; f' By: Y7"i Deputy County Couns( 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: 4 ' This Claim is rejected in full, O Other: I certify that this is a true and correct copy:of the Board's Order entered in its minutes for this date, Dated:' t X.60_,-/4E� V0HlN SWEETEN, CLERK,By ,Deputy Clerk WARNING(Gov.code se "on 913) Subject to certain exceptions,you have only six(6)months from the date this notice was personally served or deposite 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 full) prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated:' a ' '404�HN SWEETEN, CLEF By Deputy Clerk f; .. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLALMAl—T A. A'claim'relating to a cause'of action for death or for injury to person or to personal property or growing', crops shall be presented not later than six months after the accrual of the cause of action. A claim gelating to any ether cause of action shalt be presented not later than one year after the accrual of the cause of action. (Gov. Cade § 911.2.) B. Claims .:must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553.' C If claim' is against a district governed by the'Board of Supervisors, rather than the County, the name of the District should be filled in D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this form. ■■n assess sesame was*soma noses means apawase ease asenswas*noun sameness a woman gaseous$ RE: Claim By: Reserved for Clerk's filing stamp 3 E Against fixe County of Contra Costa or } SEP 1 9 2045 istrict) -----T- CLERK SOARO OF SUPEAUISOBS (Fill in the name) I CONTRA COSTA CO A9-15 r? The undersigned claimant hereby"makes claim against the County of Contra Costa or the above-named district in the stun of and in support of this claim represents as follows: 1. When did the damage or injury occur?: ) 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full Ydetails;use extra paper if required) � �,,�5�.5 d ,�t�✓� ��u�'` L.... ray u��' ,� t� ' 4. What particul act or omission on the part of county or district officers, servants, or employees caused the injury or damage? AF 7h 5 What are the names of county or district officers, servants,or employees causing the damage or injury? lr� ba'a 6—.m Yf r- of,/A c-"mot— � 6. What damage or injuries do your claim resulted? (Cure full extent of injuries or damages le claimed. Attach two estimates for auto damage.) y.T tJfG 1-3 0 ", f Ari;lI ,has•�.� 't��� �fc',� 7: How was the amount a�Ge c (Tnciude the est amount' of any gc prospective injury or damage.) - ell g' Names and addresses of witnesses, doctors, and hospitals: o u 1 }! List the expenditures you g a e on account oft��s accident or injury: DATE !1ME Al c�l..1NT swiirrt'■lwii;•ie!lTarsi'+ lei# eirer#w#c Ewrrww#ir�i#wr#ae#w#'rEwtr##ew.owns 0Wo reeolsweri: } Gov. Code Sec. 910.2 provides"The claim shall be } signed by the claimant or by some person on his }behalf" SEND NOTICES T4: (Attorney) Name and address of Attorney ) . (Claimants Signature) (Address) Telephone No. Telephone No. t ! ii ie wriaiir,aiaieiile#.ewwii.#eeiiR eiwi..weeeia##ri:■lrreeiw eireie iia i#a#wlies Mena.*E sweste. PUBLIC RECORDS NOTICE: Please be advist-d that this claim form, or any claim filed with the County under the Tort Claims.Act, is subject to Public disclosure under the California Public Records Act. (Gov. Code, §§ 6500 et'seq.) Furthermore, any attachments,addendums,or supplements attached to the claim:form, including medical records,are also subject to public disclosure. rswelwiwla�iiaw�isrwrwwwwwwwwwEs#ewrwwwE#eiiia�wwteariwwr##wi■#xersawasriwwei■a#!i'rw� NOTICE: Section 72 of the Penal Cade provides: Every person who, with intent to defraud, presents for allowance or for payment to any state beard or officer, or to any county, city, or district hoard or officer, authorized to allow or pay the some 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 dollars ($1,000.00), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,060),or by both such imprisonment fine. John Gioia Contra 11780 San Pablo Avenue Suite D "" El Cerrito,CA 94530 Supervisor,District I' Costs - Phone: (510)374-3231 Contra Costa County fax. (510) 374-3429 Board of Supervisors ounty June 8,2005 Stan Lewellen 6505 Arlington Blvd, Richmond, CA 94805 Dear Mr. Lewellen; I'm writing to confirm our meeting date,which is schedule for; Wednesday,June 29,2045 11;30 a.m.--12.30 p.m. Office of Supervisor Jahn Gioia 1.1780 San Pablo Avenue,Suite M3 El Cerrito, CA 94530 In addition to Supervisor John Gioia and myself,representatives from the County's Community Development Department, Animal Services,and Environmental Health will also be present. If you have any questions prior to the meeting,please do not hesitate to contact me. Y, , err a Cheung Chief of Staff Community ,�"`'+ Dennis M. Sarry,AICP L,�somn i Community Development Director Development Department County Administration Building 651 Pine Street 4th Floor,North Wing Martinez,California 94553-00 95 f'Ftonee 925-335-1276 June 30, 2005 Stan Leweilen 6505 Arlington Blvd.; Richmond CA 94805 Dear Mr. Lewellen: It has cane to my attention that during a meeting held at the office of Supervisor ,John Gioia a member of my staff Mated that a dog grooming business requires a land use permit. This information is incorrect. Contra Costa County has not required land use permits for dog grooming businesses. County Code Section 84-52.402 provides that: "cues permitted in the R-B district shall be as follows: (1)the carrying on of a retail business as defined in Section 82-4..295 provided that all the sales, demonstrations, displays, services and other activities of the retail business are conducted within an enclosed building ..." Section 82-4.218 defines a retail business as the: "sale, barter and exchange of retail goods, wares, merchandise,services, or otherpersonal or real property or any interest in them fear profit or livelihood." A clog grooming business is a service conducted within an enclosed building which clearly falls within this category. This incorrect interpretation by Mr. Drake would have set a precedent for the County and would be inconsistent with the historic practice of the Planning Agency. More importantly, it would be inconsistent with the County Code. I apologize for the error and hope that it will not cause confusion. Catherine Kutsuris,the Deputy Director,will be available if you have any concerns. She may be reached at 925- 335-1210. C-/*f` °r*eel".�-t s ,c Sincerely, Dennis M. Barry. AICP Community Development ire for OMBtrnp cc:Terrrance Cheung,Chief of Staff,District`I Catherine Kutsuris,deputy[Director, CDD /" } r� Dennis M.Barry,AICD mu sty Contra Community Development Director DevelopmentCosta Department County County Administration Building i 651 Pine Street 4th Floor, North Wing Martinez,California 94553-0095 Phone: 925-335-1210 August 29, 2105 Mr. Stan Lewellen 6505 Arlington Boulevard Richmond, CA 94805 Subject- Dogs by Dianne—6511 Arlington Boulevard Dear Mr: Lewellen: On June 30, 2005, 'Mr. Dennis; Barry, the Department 'Director, sent a letter which explains that a dog grooming business dues not require a land use permit in a Retail Business Zoning District (R-B).' Followingreceipt of that letter, you sent an email correspondence to Mr. Barry, along with some photographs of the adjacent property. Mr. Barry asked that I review the information you submitted and coordinate with 'other County departments which may have regulatory authority related to your complaints regarding barking dogs and animal waste. The property located at 6511 Arlington Boulevard is located within the Retail Business Zoning District. The "Commercial" General Plan designation for the site is consistent with the R-B Zoning District. Your property, as well as several of your neighbors, are also located in the Retail Business Zoning District; and have a "Commercial" General Plan designation. The Retail Business Zoning District encompasses properties adjacent to your home to the northwest and the southeast along Arlington Boulevard. This zoning district also applies to properties on the apposite side of Arlington Boulevard, as well as the parcel at the comer of Olive Avenue and Arlington Boulevard. Properties beyond this area are within the Single Family Residential Zoning District'. I reviewed each of your email correspondence as well as the photographs that you have sent during the recent weeks. Our planning staff visited the site during and after business hours. 1 also contacted the Environmental Health Division'of the County Health Services Department,the Public kirks Department and the Animal Services Department. Each of these County Departments had a record'of complaints which you have filed against Dogs by Dianne. Mr, leer Stuart, Director of the l nvitonrnezttal Health 1Jivisiot reported that his hff`ice his received ccstnplaints regarding animal waste and that they have investigated these allegations ;,,,Mr Stuart reported that the predures used by bogs by Dianne meet the rn health regulat€�ns. Similarly, e Public orkspartent ;~eptirted that they;have looked at the ccympI- ts, specific ally the complaint of discharges, acid. deft rrrtin00 that MqM Pns violations: The Public Works Department stated that if you beli ve the current situation is different from your previous complaints, that you may contact them and they will assess the matter. The contact for the Public Works Department is Nancy Stein. She may be reached at(925) 313-2285. The issue of barking dogs is addressed through the regulations administered by the County Animal Control Department. According to this Department, their officers have made numerous visits to the site to follow up on complaints that you have filed over the last two years. In no case5 were they able to substantiate the complaints of barking dogs. The Animal Control Department also explained that, based on the continued complaints, they referred the matter to a mediation service. Although you and your neighbor'began. the mediation process, their records show that you left during the process and did not return. The owner of Dogs by Dianne remained and txpressed her willingness to continue to attempt to resolve the issues. Concerns or allegations regardiAg barking dogs or animal waste being improperly m anaged is not an issue that alters whether a land use permit is required for a dog grooming business. Dogs by Dianne is located in a Retail Business Zoning District where a dog grooming business may be located "by right." However, if the business decides to care for animals overnight as you have suggested in one of your email correspondence, then it would be considered a kennel and a land use permit would be required. I contacted the owner of Dogs by Dianne to ensure that she was laware of this permitting issue. She stated that she does not intend to establish a kennel on the site. Finally, the Animal Control Department has:expressed their willingness to make another referral to mediation without waiting for additional complaints of barking dogs. I would encourage you to avail yourself of this opportunity to meet with your neighbor to discuss these issues. Sincerely, Catherine Kutsuris Deputy Director cc. Dan Barrett,Deputy Director, Animal Services Ken Stuart,Director,Environmental Health Programs Nancy Stein/Steve Wright, Public Works Department Dianne Haas Page 11,of 10 Stan �.�►w"�t11en From: "Stan Lewellen"<starQewellen*msn.com> To: "CCC Terrance Cheung"<TCheuQbos.cccounty.us>;"CCC/CDDCatherine Kutsuris" <ckutsocd.cccounty.us>; "CCCdistl John Goioa"<dlstlQbos.cccounty.us>;"CCCdist2 Gayle Uilkerrria" Cdist2Qbos.c•=ccounty.us>;"CCCdist2 Gayle Uilkema"<gayle@bos.cccounty us>; "CCCdist3 Mary Piepho"<dist3Qbos.cccounty.us>;"CCCdist4 Mark DeSaulnierH {diist4{1 bos.c unty.us>;"CCCdist5'Federal Glover"<dist6Qbos.cccounty,us> Sent: Friday, September 02,2005 8:05 PM Attach: Aug 25 05 letter 1of2.JRG;Aug 25 05 letter 2of2.JPG;8452.402 lyses--Permitted..doc; 84 52 404.JPG;416 6 200 a b'.JPG;82 4 220.JPG;'1014 2 ,002 b 1 2.jpg; 1014 4 004 a b.jpg' Subject. Re'Subject Dogs by Diane CCC later 8-29-05 Section i See Attachment 1ited= Uses permitted in the R-B district shall be as follows: (1) The carrying on of;a retail business as defined in Section 82-4,216 provided all the sales, demonstrations, displays, services and other activities of the retail business are conducted within an enclosed building, except that off-street parking shall be permitted; Allowing of dogs to urinate defecate out side and use out side fenced areas etre in violation of this zoning uses( Piot an indoor enclosed activity)and not Permittedl Section 2 Mr.Stuart clearly states that Diane is using this area for the above uses because in his opinion it meats health department regulations. a violation of permitted uses. The above outdoor activities above require a land use permit. , See Attachment (2)All of the uses permitted in single family and two family residentlal districts together with the uses permitted in these districts'after the granting of land use permits. See Attachment 52.404 Uses-Requidng a land use permit'In the R_g district the following uses are permitted after the issuance` of a land use permit Item(10) Other retail businesses where the sales, demonstrations, displays,services and other activities,or some of them; are conducted other in an enclosed building. Allowing of dogs to urinate defecate out side and use out side fenced areas Require a land use permit! See Attachment 41"200 license'required 9/17/2005 Page t of 10 � a (b)No more than twenty dogs and no more than twenty cats over six months of age,and no dogs or cats for commevoiall purposes may be kept., harbored, possessed or maintained in any single dwelling or business unit without a kennel license. Commercial purposes shall include but not be limited to;boarding, training, or wholesaling or animals, but,shall not be construed to mean the sale of individual animals to privateowners.(turd SD-97' 2) This district is R-B and Commercial,and diane�s business is a Commercial operation. The above clearly states a license is required. Whether these dogs are kept over night is irrelevant and has no bearing on this matter. They are kept,harbored, possessed or maintained in this business for commercial purposes and a license is required. Bee Attachment 12 K60 el, (a) "Kennel'means any tot, building,structure,enclosure,or premises where one or more clogs or cats are kept or maintained for Commercial purposes, excluding places where veterinarians board animals for medical care'onty, or where over twenty dogs or over twenty cats over the age of six months are awned or kept. See Attachment Vises Requiring a land use permit. in the R-B district the following uses are permitted after the issuance of a lend use permit' (5)Comirriercial dog kennel Again A land use permit is required whether these dogs are kept over night is irrelevant and has no bearing on this matter. See Attachment „► 'tl1�l 2:1�Intent and purpose (b) Purpose.It is the purpose of the board of supervisors in enacting this division to protect the health, safety and general welfare of the citizens of the unincorporated area of the county,'by: 1) Eliminating nontormater discharges to the county's stomwater system; (2) Controlling the discharge to theurtty's stormwater system from spills,'durrtping or disposal of materials other than star wSter; (3) Deducing potiutants in'stromvrater discharges to the maximum extent practicable. (Ord. 96-21 3) See Attachment 444.E mit discharge of noxi-stormwater. +' Chlorinated and or sanitized animal wasted is not listed as exempt from the list of approved discharges. See the above lists. All of these Ord.and laws are from your own county records and are on file to see'by all. Not abiding by your own county's Ord."s.; laws and reg's. is appropriate or acceptable. If you can show me anis thing that contradicts your own on records laws that govern this matter l would be to look at them. Thank You Stan Lewe len 9/17/2105 Chapter 84-'52 4;� . CR-B RETAIL BU INESS DISTRICT Uses 40Uses Permitted. Uses permitted in the R B district shall be as .follows:' Sections: (1) The carrying on of a retail business as 84-52.202 General provisions_ defined in Section 82-4.216 provided all the Article 84--52.4 Uses sales, demonstrations, displays, services and Sections: other activities of the retail business are 84--52.402 U. es-Permitted. conducted within an enclosed building, except: 84-52.404 Uses-Requiring a land use that off-street parking shall;be permitted;: permit_ Article 8�-52.6 t..�ots (2) All of the uses permitted in single family: and two farnily residential districts'together with Sections: the uses permitted in these districts after the 84-52.602 Lot--Area. granting of land use permits;. Article 84-52.8 Building f4eigh€ (3) Motels and motels;and Sections: (4) Accessory signs providing such signs are 84.52.802 Building height-Maximum not rotating, 'flashing or animated and do not Article 84-52.10 Yards exceed'fifty square feet of surface area except Sections- that double face signs shall be considered as 84-52.1002 "i'ud -Side_ having one surface, and do not exceed 84-52.1004 Yard--Setback. twenty-five feet in 'hdight (Ord. 201 1 Ord. Article 84-52.12' Land Use and Variance 1985: Clr[l_ I?$I r Ord. 1569: prior code § Secticins: Permits 8160(a): Gird.'1046: Ord. 556: Ord 382).: 84-52.1,202 Land use anti atiat ce 5148.4 Uses requiring a land use laersrut permit. In the R-B district the following�Iand ses are Article$4-52.14 Special lay permitted after the; issuance of a u Sections: Permit: 84-52.1402 Special district--Generally. (l) L,umber yard; 84-62.1404 Special district-Enlarged, (2) Cabinet shop, detailed rnap. (B) Sheet metal shop; 84-52,1406 Special district-Land use permits- 84-S2.1408 Special district-Lot area.' z � r�Ld Iterrel; 84-52.1410 Special district-Building; (�) Mobby og k�nne; construction. (7) Auto garage which includes body repair a 84-52.1412 Special district-Areas not nd painting; (8) B included in building sites_ Building contractor's yard; (9) Structures Article 134-52.1terel'opmert Plans >„ ; having threeor more , Sections: residential apartment units. Minimum off-street 84-52.16fl2 Development plans required, req�uirermernts' for apartment units shall procedure. 24.1202; (10 het ietaifiriessiyss he the sales, A.rticie 84-52.2 cl r rrnstrati ris, tT s ?s,' rviees : €! other General aetiviti , or eine of`tlteare criucted`ather warn in fi e�l � B�i £4-52.2.02 General previsions. All land (1 cc so signs liaving more than fifty within an R-B retail business district may be square feet ii area, or more than twenty-five used for any of the following uses, under the feet in Iheight'or that are rotating, flashing or following' regulations set forth in this chapter. animated; (Ord. 201' 1: Ord. 19€35': Ord. 1781:!turd_ 1569: (12) Nonaccessory'signs; prier code: 8160(part): Ord. 1046: Ord, 555. Ord. 382). Contra Costa County Animal Services Department Article 446-6.2. Multiple Pot Licenses 416--6,2QO License Lgguired. 41".202 Apoffcations. 416-!1204-Uae-nse.@D.PEQval. 416-6,20r 2 ftnods, 416-6.204 Fees. 416-Q,21Qg?Le=tions. 416-6.212 Late fees. 416-6-214 Q2g Ugg. 416- .2,16r Breo-d-ing ftija 416-I6.218 EKisfing 41".200 License required. (a)No more than three dogs and no more than five cats over six months of age, may be kept, harbored, possessed or maintained for more than thirty days in a single dwelling or business unit without a multiple pet license in an area zoned for u 40 more than twenty,dogs and no more than twenty cats over six months of age, or cats fi n, I F4 cora m m d ,,a :06 -00- q ­DOOSOSSI-11 -ai .................--n... .. notbens. p Qf- FWW:Un. UT�a Kan I e rd. be OW mme. 77 OU 'EM 1 Ie ZI- 416-6.202 Applications. (a)Application for a multiple Pet license shall include an application fee and shall be made�In writing._ 15 ffigLanirrialL services direcf6r, w sRalfissue the license when the application is approved, (b)Application for a kennel license shall include an application fee and Shall be made in writing to the director of planning, who shall issue the license jointly with the animal services director if the application is approved. (c)The director of planning and the animal services director may jointly or severally promulgate regulations governing the application for, and issuance of, kennel licenses. L(d)Applications for multiple pet licenses or kennel licenses shaft show that the following conditions have been mei (1) Facilities exist at the location to adequately secure feed, house and maintain the animals;L (2)Possession and maintenance of the animals at the]ocation has not resulted in, and is not likely to result in the animals being subjected to neglect, sufferingL cruelty or abuse; (3)Neither the applicant, the owner, nor the possessor of the animals has had a county license revoked,or been convicted for aL violation of this division or any law regulating animals within one year; (4)All dogs maintained under a multiple pet license shall be confined on the premises and shall be enclosed L in a secure shelter during the hoursLL of darkness, except when they are shown, exercised,tried, worked, hunted, or trained under the owner's control. The required showing Maybe made by declaration under penalty of perjury. 82-4. f> 000 1759, 1569, 1469. prior cede'§ 8IO2(ce): Ords. 1269, ( ) A ienwica"f,10107r t intaments, 1264,1224t 939,933,382). (3) A colo mbaritmt for cinerary mte ts. (Ords. 1791, 17601, 1759, 1569; 1513,'1469: ',prig cede § 82-4.2" Aviary. 8102(trnm).Ords. 1269,1264, 1224,939,333,382). "Aviary" means a-:coop, cote, pen., cap, o other similar enclosure,,used to house one or more birds 82-4.2211 a : ('including pt orns)ems"than poultry.(Ord.'77-51 § 1). (a) n 1'" tis axly � lat�tl e±bdbk,l; e e c xiaoxi dogs.;r r cats 2.4.2111 Burg, ata f apt xal , "Bntildiag"'mean any structure with a goof;supported r by cob=s or walls and intendedfor the shelter,, medical c: only-, or where over twenty dogs or over housing, or encloswt of persons, animals, or chattels. twenty cats over the age of sitz months are owned or (Or& ''1781, 1760, 1759, 1569, 1469: prior code § kit; PEI 02(f):Ords. 1269,'1264, 12224,939,933,382). (b) VAte never"commercial dog ketttxel" is used in Tithe 9 of tlds Ordnance Code,it reefers to" entnel"as &2-4212 Buildia13 ae ssory, defined in this section. (Ords. 80-98 § 2, 1781, 1760, `..A,ccessmy building"is a building the use and size of 1759, 1569, 1469: priest code § 8102(kk): Ards. 1269, which is subordinate and incidental to that of a main 1264, 1224,939,933,382). building on the Sam lent. In addition. no accessory building shall exceed: 82-4.221 Contracr's yard. (1) ` Five hundred square feet of floor area coverage: "Contractor's yard," including corporation yard, an lots less there twenty thouumd square feet in area and public utility yard or general service yard, moans. six hundred square feet of floor area coverage on lots buildings and premises used for the storage and greater than twenty tbounsa6d square feet in arm maintenance of equipment and materials involved in (2) Fifteen feet in height. ((girds'. %4 § 1, 1781, construction, installation, a mairtena=e, andlor 1760, 1759, 1569, 1469, prior code § 8102(g): Orris. lanelscaping,on other property.(Ord.76-36§ 1). 1269, 1264, 1224,939;933,382). 82-4,222 C mty boundary. 82-4.214 Building hit. "County boundary„ means the bousidary of this `Building height" means the vertical distance county and the boundary of any incorporated naeaaured from gads to the torp Of structure directly municipality within this county.(tr 178 1,1760,1759, above with exceptions noted elsewhere in the c=ode. 1564, 140, prior'code §' 8102(c). Ords. 1269, 12(4, Haight may be assn d fry►finished grade when such 1224,939,433,382). gra,ie is below natural''grade.Height shall be measured from gado when the fimshed leis higherthan 82 4.224 Court, natural grade.(Ords.9"§2 1'781, 1760, 1759, 1569, "Court"means an open space,taller than a yard,on 1464:prior code § 8102(pp): Otds. 1269, 1264, 1224, the same tot with a building or buildings, which is 939,933,382). unoccupied and unobstructed froni the ground upward. (Ords. 1781, 1760, 1759, 1569, 1469: prior cede § 82-4..216 Bushum,Bushretail. 810e e):Ords. 1269, 1264, 1224,939,5 33,382). -Retail business"means the sale.barter,and exchange of retail goods, wares; merchandise, services, or other 824.226 Court,iffier: personal or real property or any interest in them for profit "Inner court"means a court enclosed either in whale or livelihood.(Ords. 1791,1760,1.75'9,1569,1469:prior or part on all sides by buildings. (Ords. 1781; 1760, code§8102(r):Ords.1269,1264, 1224,939,933,382). 1"759, 1$69, 1469: prior code § 8102(gg): Ords. 1269, 1264, 1224,939,933,382). 824.218 Caa ebary. "Cemetery"means land which is used or dedicated for 824..228 court,outer. any one, or a combination of more than one, of the "Muter court"mean=s a court which extends to a street' fallowing land uses: line or extends to or opens on a front,side,or rear yard. (1) A burial park for earth interments; 396 1014-2.002 Intpnt and purpose, Page I of I Title 10 PUBLIC WORKS AND FLOOD CONTROL Qbapter 1014-2 GENERAII PROAVISK)N8 101 - 2 tn�rt pur (a)Intent. The intent of this division is to protect and enhance the water quality of the county's unincorporated area watercourses pursuant to,and consistent with,the Federal Water Pollution Controt Act. (b f th f4he division ivision:to.p Oct rot the: 0 cur ft 0 h*16 ti.,wi area:Jgth Ale 0011V�� ,h M4 omn - Morado 7X I'M (3) ng pollutants In sttarrrnnrater discharges to the maximum extent pracUicable.(Ord.96-21 3). httn://wwwordlink earn/r.odt-qJ1(`enqta/ T)ATA/TlTVFio/rhnntP.r 1014 GVNFR Al. PA All;/IMA _qT ........I......... ................ M 4-4 n04-Ill Le-if di ac-hAroi% of nnn , amwater 1014-4.004 11 ircit di saharge of non- torrawater. Page 1 of l Title _i PVBLIC WO.RKS AND FLOOD CONTRoe 4-4.0 ,14 illicit discharge of non-storm at r. (a) XF M6 AIMMM " above, providedthet they arutho ized county empoyee determines that the 10) not a'source of pollutants to the waters of the United States.water tine flushing end other discharges from potable water sources, landscape irrigation and lawn watering,irrigation water,diverted stream flows,rising groundwateirs, uncontaminated groundwater infiltration to Storm drains,uncontaminated pumped groundwater,foundation and footing drains,water from crawl spate pumps, air conditioning condensation,springs,'individual residential oar washing,, flows from riparian habitats and wetlands,or.` r ionnated awwi�n of disch (c) Discharges or fps from fire-fighting are exempt'frorn the prohibition set forth in subsection (a)above,provided that the authorized county employee det+e noes that the discharges or flows are not significant sources of pollutants to the waters of the United States. (Ord. 96-21 '§3), ttfrt f�zrta xt t�a�3 a*Mm/t*sat�se/rrnofn l T'1 d1 T A"Y`rT moi'I A/r'1t,* -+— i m A A ADDY W A ITInm i A/C 1^AAA CLAIM BC ARD OF SUPERVIS Its OF CONTRA COSTA COUNTY BOARD► ACTIUIY:. -' 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 Board of Supervisors. (Paragraph IV below),given Pursuant to Government Code'Section 913 and 915.4' Please note all "Warnings AMOUNT: UNKNOWN CLAIMANT: J'OSEFINA MARTINEZ . ATTORNEY: UNKNOWN DATE RECEIVED'. .SEEMMER20f) ADDRESS: 211 LAS DUNAS AVENUE #523 BY DELIVERY TO CLERK ON: SEPTEMBER 23,, 2005 OAKLEY, CA 94561 BY MAIL POSTMARKED: SEPTEMBFI2 22, 2005 FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEE N k Dated: SEP„-EMBER 23, 2005 Bx�: Deputy II. MOM. County Counsel TO: Clerk of the Board of SuperTisors (This claim complies substantially with Sections 910 and'910.2. { This Claim FAILSto comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The ;Board cannot act for 15 days(Section 910.8), ( ) Claim is not timely filed, The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ). Other: Dated: By: Deputy County Couns< 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): IVOARD ORDER: By unanimous vote of the Supervisors present: { This Claim is rejected in full. O Other: I certify that this is a true and corrctcopy of the Board's Order entered in its minutes for this date. Dated: r �q_*AVHN SWEETEN, CLERK, By W . 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 deposits in the trail 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 Warnin.8 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 full; prepaid a certified copy of this Board Order and Notice to Claimant,addressed to the claimant as shown above. Dated: ' SWEETEN, CLERK By Deputy Clerl Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the I00th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1,,1988,"must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action.; (Govt. Code §911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106,County Administration Building,651 Pine Street,Martinez,CA 94553, either by mail or in person. C. If claim is against a district governed by the Board of Supervisors,rather than the County,the name of the District should be filled in. D. If the claim is against more than one public entity; separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims,;Penal Code Sec. 72 at the end of this form. RE: Claim By. ) Reserved for Clerk's filing stamp Josefina Martinez. RECEIVED Against the County of Contra Costa EROARD ESUPERVISORS or CLER ti; The Housing Authority of Contra Costa (District) s COSTA CO. (Fill in name) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sure of _ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) `.3 2. Where did the damage or injury occur? (Include city and county) 3. How did damage or i#lry occur? (Give full details;use extra paper if required) 4. Whfit Darticular act or omission on the part of county or district officers, servants or employees caused the injury or damage? clmform 5. What are the names of county or districtofficers,servants or employees causing the damage or injury? 6. What damage or injuries do you claim.resulted? (Give full extent of injuries or damages claimed. Attached two estimates for auto damage.) �NW.r How w the amourft claimed above cosited? (ldjudq,the estimated amount of prospective injury or damage,) " 8. Names and addresses of witnesses, doctors and hospitals. Ack-, a.w- 9. List the A . expenditures you de on account of this accident or ury: DATE' ITEM AMOUNT Gov.Code sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICE TO: Attorne or bX some person on his behalf" Name and Address of Attorney ( aimant's Signature) p (Address) Telephone No. I Telephone NQ k 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." ctmform ,. APPLICATION T01I L BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA � BOARD ACTION" tOTOBEIt 25 2005 Application to File Late Claim ) NOTICE TO APPLICANT Against the County, Routing ) The copy of this document mailed to you is your Endorsements,and Board Action.) notice of the action taken on your application by (All Section References are to ) the Board of Supervisors(Paragraph 111, below), California Government Code.) ) given pursuant to Government Code Sections 911.8 ir:iAtld 915.4.Please note tl%e"WARNING"below. Claimant: SANDRA FRESE' Attorney: UNKNOWN Address: 2859 LOMA VISTA AVENUE CONCORD, CA 94520 SEPTEMBER 19, 2006 Amount: $2,000,000-00 By delivery to Clerk on: , SEP'T'EMBER 19, ;2005 B postmarked on: T Date Received: y mail,p SEPTEMBER I6, 2005 1. FROM: Clerk of the Board of Supervisors TO: County Co nsel Attached is a copy of the above noted Application to File Late Claim.; DATED: SEPT. 19, 200401IN SWEETEN,Clerk,By: DEPUTY II. FROM: County Counsel TO: C rk 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 Late Claim (Section 911.6). DATED: "/ re 5 SILVANO B.MARCHESI,,County Counsel,By: DEPUTY III. BOARD ORDER By unanimous vote of Supervisors present (Check one only) ( ) This Application is granted (Section 911.6). ( ll/ This Application to File Late Claim is denied(Section 911.6). I certify that this a true and correct copy of the Board's Order entered in its minutes for this date. DATE:' + SWEETEN,Clerk,By: DEPUTY WARNING(Gov.Code§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 requirement).See Government Code Section 946.6.Such petition'must be filed with the court within six(6) months from the date your application for leave to present a late claim was denied. 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, IV. FROM: Clerk of the Board TO: (1) County Counsel (2)County Administrator Attached are copies of the above Application. We notified 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. DATED: Y44 r JOHN SWEETEN,Clerk,By: DEPUTY V. FROM: (1)County Counsel (2)County Administrator '' TO: Clerk of the Board of Supervisors Received copies of this Application and Board Order. DATED: County Counsel,By: } County Administrator,By: APPLICATION TO PILE LATE CLAIM CEI SSP 1 9 2005 CLEFT[80AR0'3`SUPERVISORS uONTRA'COSTA CO. September 16, 2005 RE: REQUEST TO FILE LATE CLAIM I am resubmitting my claim pursuant to my conversation with Kathy Sinclair of the Office of the Clerk of the Board. I received the autopsy report in early May 2005 and after finding discrepancies and after some research in medical journals I had a meeting with Dr. Mark Wille and Dr. Anthony ,Tones. While I knew that my daughter's general treatment was abysmal at best, my questions and concerns surrounding her death arose from the two events mentioned above. I also find it totally ludicrous ,to place the same time frame on a person's life as is placed on damage to an automobile or some other personal property. Thank you for your time and consideration. Sincerely, Sandra Frese cc: James O'Donnell f chi eel III 1 Ivar E � � { +` xi+ V C CON, t Q.j F � w n� IAF C� pG It 4 all 6 cr UJ LO s Yp- --t1vt U s SES' 1 5 200 September 13,2005 RE. CLAIM OF AUGUST 27, 2005 1am re-submitting my claim pursuant to today's conversation with K. Sinclair of the©face of the Clerk. I received the autopsy report in early May 2005 and after finding,discrepancies and after some research in medical journals,I had a meeting with Dr.Mark Mlle and Dr.Anthony Jones. While I knew that my daughter's general treatment was abysmal at best,my questions and concerns surrounding her death arose from the two events'mentioned above. I also find it totally ludicrous to place the same time frame on a person's life as is placed on damage to an automobile or some other personal property, Thank you for your time and consideration. Sincerely, . Sandra Frese cc:James O'Donnell : zi TIN €k r 4v---J 1 g § ZE. AI CJ J � i l3 r=. 1 �f ) g E P7/27i2005 12:41 CONTRA COSTA COUNTY CLERK OF THE 3 99396632 NO.184 R01 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY MMMIMM MAINlAlNT A. A claim relating to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later then six months after the accrual' of the cause of action. A'claim relating to any other'cause of action shall be presented not later than one year after the accrual of the cause of action'. t= (Z-t- :A r (Gov.Code§911.2.) B. Claims must be filed with the Clerk of the Hoard of Supervisors at its office in Room 1<06, County Administration Buil ng,651'Pine Strcct,Marfinez,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. Freaad. See penalty for fraudulent clAims,Penal Code Sec.72 at the end of this form. ss�ssssa�srrr�-rrarsrsssss�trssrslsssr'�rsar■r�s�ss'sssss•sssss'rrr■arrr.rr'r us..sr ItE: Claim By: Reserved for Clerk's tiling stamp IVB 1 Against the County of Contra Costa or ) AUG 2 9 2005 District) CLERK�3�9'ppgAgRgD O�pg�f 811PERVISOFsS' (pill in elle name) Uil�k CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named district in the sum of S cot. in support of this claim represents as follows: 1. When did the damage or injury'occut? (Give exact date arta hour) 2. Where did the damage 4r injury occur? (Include city and county) C,.C. (,C=Q1cft-,i6k.. Mf�-(ZTI res, 2- fir,rRgat 3. How did the damage or injury occur? (Give X11 devils;use extra gaper if required) k_ric ' Q+ (s a a { - c r.• 4, Whit particular act or omission on the pert of county or district officers, servants, or employees caused the'it ury or damage? -1 i j'�,&JJ c FLFs i s i`�v - -Z 0;f3 L - i to y n 5 What acre the names of county or district oficers,servants,or employees causing the � damage or injury? TIC$0�"� t 0.7272005 " 12:41CONTRA COSTA COUNTY CLERK OF THE 4 99396632 NO.184 D02 6. 'tilt damage or injuries do your claim resulted? (Give £till extent of injuries or damages clams. Attach two estimates for auto damage.) ��Y}'► 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) rp,.l J q j L"�� ��� t�����A vc�t tom'� s {a F+^tm+4,r2 lAaK -i l*c: 2c s-r a-i` 1-t-0/t.. I-j t�&. M I i j eV cc:rL c.-pia i p 6-- 8. Mamas anti addresses of witnesses,doctors,and hospitals:alp \f f^ 4 Cv i f�V W �p.��rz� C*r q L 2-� 9. List t�e expenl�es you ms oltunt oi'tl'iis ardent or zzl}ttry: DATEAMOUN •ra.■IrrrtF�rrrrrrrrrrrras�r•rasirriaaYiriiai'irriiiriattiia•i!'Y0♦i!#iYiiaerrrr>Ilrrrr�Yr� ..... Gov. Code Sec.910.2 provides"The claim shall be }signed by the claimant or by some person on his }behalf,,, SENI2NQ=S TO, ( tto=x)_I Name and address of Attorney ) .-rus IA-Vd� (Address): Telephone No, )Telephone Nk q Ii sis'�asaa�r*Sisaliai•ssrs�assrrs'ssssrraassrMsrsr�asarsysssrs'•sras�asaas'asYrsr'raYsa�si�' , PUBLIC RECORDS NOTICE: Please be advised that this claim form,or any claim filed with the County under the Tort Claims Act,is subject to public disclosure under the California Nblic Records Art, (Gov. Code, Sb' 6500 ct seq.) leurthemare,'any attachments,addemciums,or supplements attached to the claim farm,including medical records,are also subject to public disclosure, art'•0966r mastc11a9262805a;,4Sosos•tori'rroar4004es2'60006800ssisiro69r2owesa6606s44*41'694$ NOTICE: Section 72 o,f`the Parton Code provides. Every person who,with intent to defraud,presents for allowance or.for,'payment to any state board or officer,or to arty oounty, city, or district board or officer, authorized to'',allow or pay the same if gamine, any false or froudultat claim bill,account voucl'icr,or writing,is punishable either by imprisonment in the County jai for a period of not more than one year,by a fine of not exceeding one thousand dollars($1,000.00) of by both such imprisonment,and fine, of by imprisonment in the sate''prison,by a fine of not exceeding ten thousand dollars (S 10,©00 or by both such imprisonment and fine. jj AUTOPSY RECEIVED MAY 2005. MEETING WITH DR. WILLS AND DR.. JONES JULY 2005 Even though my daughter's death occurred 1/1/05,questions arose after receipt of the autopsy findings. Dana Mix oda 11/23/68-1/l/05 Dana leaves behind her daugh- ter, Brittney, her father Richard V. Miranda, mother and stepfa- ther, Sandra and David Frese, brother Richard D. Miranda, niece"Vanessa Miranda,grandpar- ents George and Chloia Reynolds and fiancee of 8 years, Peter Denegree and his sons Jake and Derek. Dana was a lifelong resident of Concord and was employed by the CCC Sheriffs Dept. She will be remembered for her laughter and love of life and family. Memorial Services will be held at Basis Christian Fellowship, 2551 Pleasant Bill Rd Pleasant Hill at 2 p:m., 1/14/05. o Cardiac catheterization not done even though my daughter was told that test would be done.` Other scheduled tests,including two that she had to fast all day for,were never'done. Can 12/31/04 Dana's fiancee and daughter were told by a nurse that she was much better and that medication had been discontinued. She did indeed seem much'better'but within 30 minutes into my visit on the same evening a nurse was setting up an I.V. with Lasix with a machine that kept malfunctioning. Even though solid chunky food triggered pain and a dietician visited with my daughter,they continued to bring the same type of food until the final'evening of her life. Then when the pain would start,medication was withheld because it wasn't"time", Despite my daughter's questions and my meeting with Dr. Graham we were never given a prognosisor plans for treatment. She was simply there at the wrong time of year. All staff had to have their scheduled holidays off and after all,she was only 36 and a little young for really serious conditions, so why not just hook her up to a monitor and put her on hold until after the holidays. There are many more questions'including events surrounding the morning of her death which hopefully,will be addressed later. AuTt?PSY RECENED MAY 2005. MEETING WITH DR:. WILL.E AND DR JONES JULY 2045 Even though my daughter's death occurred 1/1/05,questions arose after receipt of the autopsy findings. r Dana N01 ands 11123/68-11V05 Dana leaves behind her laugh- ter, Hrinney, her father Richard V. Miranda, mother and stepfa- ther, Sandra and David Frese, brother Richard D. Miranda, niece Vanessa Miranda,grandpar- ents George and Chloia Reynolds and fiancee of 8 years, Peter Denegree and his sans Jake and Derek' Dana was a lifelong resident of Concord and was employed by the CCC Sheriffs Dept. She will be remembered for tier laughter and love of life and family, Memorial Services will be held at Oasis Christian Fellowship, 2551 Pleasant Hill Rd Pleasant Hill at 2 p:m., 1/14/05. I a i� �1 07/27/2005 12:41 CONTRA COSTACOUNTY CLERK OF THE 3 '99396632 NO.194 901 BOARli1►OF SUMVISORS CII`CONTRA COSTA COUNTY 2MMaMTp r.� A. A claire relaingi to a cause of action for death or for injury to person or to personal property or growing crops shall be presented not later than six moo is dker the accrual of the cause of action. A claim relating to any other cause of action shall be presented not later than one year air the accraal of the cause of action. S�e '- (Gov. Code§911.2.) H. Claims must be tailed with the Clerk of the Hoard of Supervisors at its office in Roorn 106, County Administration Building,651 Pine St wt,Martinez,CA 94553. C, if claim is against a district govemed by the hoard of Supervisors, rather than the County, the name of ffie District should be filled in. D. if the elaim is against more than out public entity, separate claims must be filed against each pudic entity. E. EgMS . See penalty for fraudulent claims,Penal Code Sec.72 at the and of this form. rs•rr+rw""w"rr.■ ■+rr�t�srrrsrrwrrr■s■ww■wr�r■rr■ arrwwr� r■w.w■■r.«■r.."more• RE: Claim.By: Reserved for Clerk's filing stamp CEI VE Against the Count+Contra.Costa or ) AUG 2 9 ZOOD } District) CLERK BOARD G .811PERVISORS CORTRAI�UST CO. (Fill in the name) } l The undersigned claimant hereby ti es claim against the County of Centra Costa or the above-named district its the sum.of S�e�_ , c and in support of this claim represents as follows: f 1. When did the damage or injury occur? (Give exact date and hour) r L t r� 2. Where did the damage or injury occur? (include city and county) C .e-- (.t.=Cw)n V-a rn Lt!"J I (_(-�_ C ta t-2i M p--( Tw I Howdid the gage or injuryoccur? (Give full details,use extra:paper if required) 4. "khat particular act or omission on the part of county or district officers, servants, or employees caused the injury or damage? ' Qom— 5 What are the gimes of county or district officers,servants,ot.employees..causing the damage or injury? - �'Lf 07/27/2005 12:41 CONTRA COSTACOUNTY CLERK OF THE 4 993%632 NO.'184 902 6. What damage or injuries do your claim resulted? (Give full extent of m}urics or damaps cisfn d. 'Attach'two estimates for auto damage.) 7. How was the amount claimed above computed? (Include the estimated amount of any prospeotive injury or die.) (nj f� 4 ett- (2 (Y)C TIA-,F 9- e, -i Cit C- r,CS,C)- 14-c-ice- i..t t~&» r V=-tzL L 8, Names tied addresses of witnesses,doctors,and hospitals ti Air l Y "i �:N L-- , 2,9 2 5 11r j o r0 A—u G+ r. cry ` 15 `C- i r�► x.="fr q 3''7 fn o o ;rziZet - e.t(u. io r� & say 9. $,W ar es you mate a unt tis idAl of i jwry'r'c.' r� car- 5 Dom' AMOUN aa':isr�...1.a•aif,•■iaaaM�.f..iaiiaiaaiil#.s#tlti##i#iiili#ii#liiiii MiK ii#fiii#s sa Eii>!fsass ia:f{r ) Gov. Code:Sec. 910.2 provides"The claim shall be )signed by the claimant or by some person on his )behalfSOD NQMCES IQ. (Aftamo� -1 " Name au A address of Attorney (Claizuapt's&664* L,�o tilt :5 C-&iw 3�u ti- tr' ) (Address) Telephone No. )Telephone Nc , `� ( fX1 i*go owes.see*arim#Mmoves.a lisisis soniamiMif/.i MiMmi.Mm mars itf.Mfa#s Mf'fliitsm.4#■an i ii*votes$ PUBLIC RECORDS NOTICE: Please be advised that this claim form,or any claim filed with the County under the Ton Claims Act,is subject to public disclosure under the California Public Rmords Act. (Gov. Code, 56 6500;at seq.) Furthermore, any attachments,addandums,or supplements attached to the claim form,including medical records,are also subject to public disclosure. iyy���'..mfrriIC//��i,l�++iiMii{M.liitiiiiiiii iisMi.iM##fil i iiflli#i� t7 O lE: Section 72 of the.Ponal Code provides: Every person,who, with intent to dcfmud,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, ball, account voucher,or writing, is punishable either by imprisonment in the Cort-nty jail for e period of not more than one yeast, by a fine of not exceeding one thousand dollars($1,000.001 or by both such imPrimmOt and fine, or by imprisonment in Etre stm+c prison,by a fine of not exceeding ton thousand dollars ($10,000),or by both such imprisonmenrand fine. Cardiac catheterization not dune even though my daughter was told that test would"be done. Other scheduled tests,including two that she had to fast all day for,were never done. 4n 12/31/04 Dana's fiancee and daughter were told by a nurse that she was much better and that medications had been discontinued. She did indeed seem much better but within'30 minutes into my visit on the same evening a Nurse was setting up an LV. with Lasix with a machine that keptmalfunctioning. Even though solid chunky food triggered pain and a dietician visited with my daughter,they continued to bring the same type of food until the final evening of her life. Then when the pain would start,medication was withheld because it wasn't"time",' Despite my daughter's questions and my meeting with Dr. Graham we were never given a prognosis or plans for treatment. She was simply there at the wrong time of year. All staff had to have their scheduled holidays off and after all, she was only 36 and a little young for really serious conditions, so why not just hook her up to a monitor and put heron hold until after the holidays. There are many more questions including events surrounding the morning of her death which hopefully,will be addressed'later.