HomeMy WebLinkAboutAGENDA - 05141991 - 1.21 (2) CLAIM
' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA
` Claim Against the County, or District governed by) BOARD ACTION
the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MAY 14, 19 91
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: $58 . 98 Section 913 and 915.4. Please note allatowEa".
CLAIMANT: BROWNING, Marla APR 17 1991
THIERMANN, Carl
ATTORNEY: 1641 La Loma Avenue �Z;ouNT`l COUNSEL
Berkeley, CA 94709 Date received MARTINEZ, CALIF.
ADDRESS: BY DELIVERY TO CLERK ON April 10 , 1991
BY MAIL POSTMARKED: April 8 , 1991
I. FROM: Clerk of the Board of Supervisors TO: County Counsel
Attached is a copy of the above-noted claim.
DATED:_ April 16 , 1991 EylL BAATputyLOR, Clerk
II. FROM: County Counsel TO: Clerk of the Board of Sup 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: BY: I AQ�Soj 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�,: By unanimous vote of the Supervisors present
✓) 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: MAY 14 1991 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.
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: MAY 17 1991 BY: PHIL BATCHELOR by Deputy Clerk
CC: County Counsel County Administrator
Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS TO CLAIMANT
A. Claims relating to causes of action for death or for injury to person or to per-
sonal property or growing crops and which accrue on or before December 31, 1987,
must be presented not later than the 100th day after the accrual of the cause of
action. Claims relating to causes of action for death or for injury to person
or to personal property or growing crops and which accrue on or after January 1,
1988, must be presented not later than six months after the accrual of the cause
of action. Claims relating to any other cause of action must be presented not
later than one year after the accrual of the 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-
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
ar a 6� RECEIVED
5 �,ad a i pirMan o. )
Against the County of Contra Costa ) 0 1991
or )
CLERK BOARD OF SUPERVISOR
District) CONTRA 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 $ S� , � and in support of
this claim represents as follows:
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1. When did the damage or injury occur? (Give exact date and hour)
--------------- e -rvr-' -`�-t1-��-��--------�=ys--�'�m--------------------------
2. Where did the damage or injury occur? (Include city and county)
(� Io6l+on_la__4at Ardmore Rd�,t�en5i ( N 3. How did the damage or injury occur. (Give full etails; use extra paper
required)
we drove over, mrnholy cove(, ,
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4. What particular act or omission on the part of county or district officers,
servants or employees caused the injury or damage?
av\G� cover (.vel
(over)
5. What are the names of county or district officers, servants or employees causing
'the damage or injury? ;
Ccntca- CoSf-�- COVYY,�
(
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6. What damage or injuries do you claim resulted? (Give full extent of injuries or
damages claimed. Attach two estimates for auto damage.
WheO-I ri r,,\ .aMd 4-k &P a (a+ n�e�e� reP 12C�vy�e�#,
1�ce ��rn were. �`r�d 1OeG3I,L
�
------------------------------ -------------- ---------------�----------------�
7. How was the amount claimed above computed? (Include the estimated amount of any
prospective injury or damage.)
-nm r1 m o it y8. 15) �k Lk-,> I a ioo r i'o rep(CO_ -t ye .
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$. Names and addresses of wi.tnpeQps, doctors and hQcYitals.
�Qe t;�nelo��l 'PC�.nsinc��'vn PbliC2. 4'2Qo(�� �� �hc�-f-o�
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9• List the expenditures you made on account of this accident or injury:
DATE ITEM AMOUNT
Feb U, f q�q t labor.to repfXt-rC- O 3
C*
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' Signature
Address
Fjtkk.P,j41A C'a 9 q v`1
Telephone No. Telephone No. y l>> j q% -6 3 $�—
iE * * * * * *
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.
Kensington Police Department Page: 1
CASE REPORT
Case no: C91 -00187-01 Printed : 02/21/91
------------------------------------------------------------------____.,__--__--_
CASE INFORMATION
Code
=--_-- - - - ----- -_--------- --
Code Sections •- 1 : 2 : 3 : 4 : Level :
Crime : TRAFFIC (MISCELLANEOUS REPORT) Beat : 4
Location : ARLINGTON AVENUE @ ARDMORE ROAD, KENSINGTON
i
Received Date/Time 02/04Z-q-1--(-1-2-L-'—,1 PD Class : TRAF BCS Class :
Assigned Officer : MU v = OFC . M. WARNOCK Ura
Synopsis CITIZEN CAME TO KENSINGTON P. D . TO REPORT A MAN HOLE COVER PUSHED UP
AS A RESULT OF EXCESSIVE RAIN . THE CITIZEN ALSO TOLD ME THAT A VEHICLE
STRUCK THE HOLE AND DAMAGED A TIRE . (SEE MAIN NARRATIVE)
OTHER INVOLVED PERSON(S)
***** DRIVER #1 :
Name: BROWNING , MARLA AKA:
Addr : 1641 LA LOMA AVENUE , BERKELEY, CA Phone: 415-548-6382
Addr :
DOB: 03/08/57 Age: 33
***** OTHER INVOLVED PARTY #1 :
Name: THIERMANN , CARL AKA:
Addr : 1641 LA LOMA, BERKELEY, CA Phone: 415-548-6382
Addr :
DOB: 05/14/55 Age: 35
***** OTHER INVOLVED PARTY #2
Name: STEGE SANITARY , DISTRICT AKA:
Addr : 7500 SCHMIDT LANE, EL CERRITO , CA Phone: 415-524-4667
Addr :
DOB : Age :
VEHICLE(S)
***** VEHICLE #1 :
License: 1GBC817 State: CA Year : 83 Make : HOND Model : CIVI
Body : 4D Color(s.) : GRY Features :
Reg . Owner : BROWNING, MARLA
RO Address : 1641 LA LOMA AVENUE, BERKELEY , CA
Comments :
-__----__--_-----+--_-------------_____--------------------------------------_------_
Further Yes Copies DA I
Action : No To.- Det Routed By: _____________ Date ; ..........
Juv
PD Dispos-ition : ) ........... Other I Approved By: SHB Date: 02/05/91
CLOSED I Other 1 SGT . S . BRAY #1
' Kensington Police Department Page: 2
CASE REPORT
Case no : C91 -00187-01 Printed : 02/21/91
NARRATIVE
A CITIZEN came to Kensington P . D . to report a storm drain cover
on Arlington Avenue at Ardmore Road had been moved due to rain .
the CITIZEN further advised that a vehicle had struck the exposed
storm drain hole and damaged a tire .
I arrived in the area and another CITIZEN had put the storm drain
cover back in place. I then checked the area for the vehicle with
the damaged tire .
I located a silver Honda in the Kensington Chevron lot . The
vehicle had a flat left rear tire and a damaged wheel . I talked
with a subject who had identified herself as BROWNING. She told
me that she was driving in the area of Arlington Avenue and
Ardmore Road and she struck something hard . The hard object
flattened the tire of her vehicle .
I told BROWNING what she had struck and I asked her if there
were any injuries . BROWNING and her passenger THIERMANN ,
stated that they were not injured .
BROWNING told me that the front of the vehicle also struck hole
and she told me that she would check to see if there was any
damage.
A spare tire was put on the vehicle by Kensington Chevron
personnel . MWW#5
15 EL CERRITO PLAZA
EL CERRITO, CA 94530 .
(415)5"07-6966, BAR. REG# AJ90558
FEDERAL TAX IDIi 340253240 --- _
Y�C>C-5a-24u-E$ 04:25 F'M :14
TERR: 8763
PAGE: 01 NONSIG: 908763 C -
BILL TO: CARL THIERMANN
1641 LALOMA
BERk;ELEY, CA 94709
PHONE i . . . . . . . (415)548-6382 VEH YEAR/MAKE.
PHONE 2. . . . . . . VEHICLE MODEL.
DATE: PROMISED. 02/06/91 VEHICLE COLOR.
TIME PROMISED. LICENSE/STATE.
RETURN PARTS. . YES ODOMETR IN/OUT
SALESMAN. . . . . . 004 / 004 PRIOR INVOICE. 001160
ACCOUNT # COB TC CUST# TYPE/STATE AUTHORIZATION CREDIT CARD NO#
876300005 V 01 05857 0 CA 93 4019012112424011
SLSM MECH PRODUCT CODE QTY DESCRIPTION PARTS EACH LBR/EXCISE LINE TOTAL
004 773-548-601-0 P 1- 155SR13 B1 6 METRIC BL RPTLDD 28.43 .00 28.43-
REFERENCE. 010927 OTY. I-NO. MDE5MA0429
004 767-076-751-0 R I 155813 78S S1 METRIC DL RPTL 29.25 .00 29.25
OTY. 1 NO. MDE5RWOR310
004 004 092-127 R 1 REPLACEMENT TIRE PROTECTION .00 9.95 9.95
_ PARTS TOTAL........ 83
LABOR TOTAL........ 9.95
CHARGED AMOUNT „•10.83 SUB TOTAL.......... 10.77
- - - TAXABLE AMOUNT .82 SALES TAX.......... .06
CUSTOMER AUTHORIZATION FO TO AL OE Pq V C) A .C_:'U" '3r"CJ_T_A U.._. sU IL C) .. L-3
1—IF- . F='<Uw.4"'.lE� U� � OI- .313 U =: U= C.3 IF Z 31-� U~T F= C'JI U :`U-e'="-c U�U'H- ' a 9'-na U—Ur-.-TI-
Q,'IS d-U F-;:U',U .1 #N,9 9= d'-'b 0,,,.4 T), 11"J f 0---z F-1 d-'N Ii'',,.0_'A__,v," .f_ Ute',.#0-:7 #1111F:;"P-1 4-1--If` 1 C)11"'.0
HAVE A QUESTION OR PROBLEM?
. - Please tell our store manager.We value your opinion as much as your J.
j businoss.Should you need additional assistance,call our. ! -
CUSTOMER ASSISTANCE LINE
1-800-321-2135
__ •- �.:U"'�1�I�r 4 Ham _ � �IF
15 EL CERRITO PLAZA
• EL CERRITO, CA 94530
(415)5`7-8866 4 ' BAR REG#'AJ90558., , r.-x ti I Y f .r i
FEDERAL- TAX. Ill#' 3402 53241) -
F==,"F=i C)JI.->L,J C;-9- >r"Il 3D,_.T LJ E=3 1`H'"B IEE r--.P 1- 02/06/91
<' (D 40 : Cr4:2S PM 1 Ruro_eh rve
TERR• 8763
-
PAGE: 01 MONSIG: 908763
t.
BILL TO: CARL THIERMANN
1641 LALOMA
BERKELEY, CA 947i:)9
VEH YEAF.'&MAF E. VEHICLE MODEL. SALESMAN!. . . . . , 004
TYPE OF DRIVE. F CORRECTION;. . . . N
TIRE NUMBER. . . 01 ADJUST TYPE. . . P _IIF.E SERIAL ID MDE5MA0429
PRODUCT CODE. . .77354860 1 TREAD DEPTH. . . 7 132 PURCHASE DATE. 05/29/89
DESCRIPTION. . . 155SR13 81 G METRIC BL RPTLDD AN/GS NUMBER. .
PERCENT WEAR. . 29, % BUYING PRICE. . $40.04 EXCISE TAX. . . . $.00
E/4 CONIC AMT. . $.Oi r P1, LOWANCE A.M7 . $28.43 REPLACE PRICE. $11 .61
T_IRE CGNdDIT10 i SIDEWALL DAMAGED DUE TO ROAD HAZARD
b1HEEL POSITION LR ORIGIh�AI. EQUIP N OLrOM!HRS,'YRS. , lir MOM
SCRAF'.'RTfJ CGt_L S CONlC APPROVAL.
SIGNATURE
I/WE ERY ERTIFY THE STATEMENT OF FACT H REIN TO BE CORRECT. I FURTHER CERTIFY THAT THE ONLY CLAIM ARISING FROM THE USED
PfEk , AtfD15E DESCRIBED ON THIS CLAIM FOR FOR REPLACEMENT OF THE USED MERCHANDISE AND THAT NO PERSONAL PROPERTY DR OTHEP, L055
IS NVOLVED. THE ADJUSTED TIRE BECOMES THE PROPERTY OF THE GOODYEAR TIRE AND RUBBER COMPANY.
HAVE A QUESTION OR PROBLEM?
please tell our store manager.We value your opinion as much as your 4
li business.Should you need additional assistance,call our t
`.J J CUSTOMER ASSISTANCE LINE "j,
1-800-321-2136
--------------
B RKELEY,T IRE 8. SERVICE
LUTHER KING
NG
t _ EERFE:LEY' rA
9471714
ACCQi INT - EXR. DOTE .
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Cardhdd-acic Wd,,-race pt at fleoda and/ services In the
amount a the odal.".Z r,eruot,and ap.a to Itw
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1.t -odigariais set firth th the Cardholders agreement with the fir. � _
{{ SALE ACKNo - ERRAND DRAFT ACCEPTED ^.
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UNIVERSAL_SAL S UP
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Feb. ((o c 9 9 �
-
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o,. &Ox STEGE SANITARY DISTRICT
EL CERRITO, CALIFORNIA
On cur . car
(4�{a+ fire, zrd d arr,a�L -b --f� t ce- n rcm) as a res J+ of a
_ -au 1-1-Li -- rmav, (Hole., -- covz--r. ane lcc.e+Cor1W&6 on ltt e Ayi fon bel v.�en D6r t n �{rnhe►�s� .
--L wa5 a�vi6ed btt' Kwt)inVcv\ Pouce zvd rn�
'tnsura-fl-e ..- corylpQla - ---f�o ��- '� - d�►rre�#-L�. _.rega(d.
COrn�e�52fi� .-f'or -t-tr),e- cos+ o� Qp if-5 Gnctosed D( -
-tA-e . repa►r rp.ce,pff) , one, . -(or @, Y\aw -ire rim , and ave,
470r a r\?w tT re- CpQck-Dl � covered N our- I,,,z q. -rRL totzq
pvice (4-
- N- 4-�ens-)in � Police. _ --tie ►��o nurnbef-
F vv h&vr, zvtc-L g u eS-H ori- , 4 o u Czr1 �ne m e Q+
(0--t) � or _Own`f"�D to .-fhe- Q bo vr-
�hzn IC to u vera ry-mck'
e2- ►nc�rel�,
ari0.--_ Br-2?-i.'�
SD STEGE SANITARY DISTRICT
Board of Directors:
District Manager/Engineer: Jay Z.James
Alan C.Miller
Lawrence C.Rugaard,P.E.
Beatrice R.O'Keefe
District Counsel: Mary A.Rosti
Robert Brunsell Donald C.West,Jr.
March 25, 1991
Marla Browning
1641 La Loma Avenue
Berkeley, CA 94709
Dear Ms. Browning:
As promised, I've investigated your cl_:im for auto damage due to striking a loose
manhole cover on February 4, 1991 in the area of Amherst and Arlington in Kensington.
After reviewing your claim and the police report, I met with Officer Warnock of the
Kensington police to verify the location and ownership of the manhole cover that caused
the problem. Field investigation proved the manhole to belong to the storm sewer system
which is owned and operated by Contra Costa County.
,Offs e Warnock-wi'll-fi`IE' supplemental--report-onthe-inciden and notify the County of
the need to repair tthemanhole ring and cover. I've included several pictures of the
manhole cover marked "storm sewer".
Based on the above, your claim for damage to your auto caused by the Stege Sanitary
District is inappropriate.[I-Eeliev y have:a valid claim for damages against Oont a
Costa County. I am sure the County District Clerk's bffice can provide you with the
forms and procedure for filing your claim.
I am returning the paperwork associated with your claim. Please call me at 524-4668 if
you have any questions.
Very truly yours,
STEGES ARY DISTRICT
Lawrenc C Ru-aard
District ager/Engineer
LCR:sp
Encl.
MB0325.DOC
7500 SCHMIDT LANE P.O. BOX 537, EL CERRITO, CA 94530-0537 (415)524-4668
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