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MINUTES - 06131989 - 1.16
CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA l'aim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT June 13 , 1989 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: $400. 00 Section 913 and 915.4. : Please note all "WarnPrt90nt1, CLAIMANT: VINCENT LATROY HARRIS N/qy cOilfte/ 400 Barrett Avenue 2219 ATTORNEY Richmond, CA 94801 Date received �artine2' CA g89 ADDRESS: BY DELIVERY TO CLERK ON May 11 , 1989 Central � �. BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 22, 1989 PPHHIL BATCHELOR, Clerk (- DATED: BY: Deputy L. Hall 11. 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: C (�2 9 Y: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County A n•strator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present XThis 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: UN 13 989 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.JUN UN 1 5 1989 BY: PHIL BATCHELOR by puty Clerk CC: County Counsel County Administrator 4 CMAIMITC?'... BOARD OF SUPERVISORS OF CONTRA CO.Sq! �g�TDI�v r e ur i i St applicatlen to. Instructions to Claimant Clerk of the Board P. O. Boz 911 A. Claims relating to causes of action for death or tor�inCurynto�533 person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , California 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 end of this form. RE: Claim by ) Reserve for_Clerk's f '.1' stamps RECEIVE Against the COUNTY OF CONTRA COSTA) Nr AY 111989 or DISTRICT) PHIL BATCHELOR CLE ::K BOARD OF 8LJPERVISC-10 (Fill in name) ) CONTRA COST Co. Deput . The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ ! o _ and in support of this claim represents as follows : ------------------------------------------------------------------------ l. When did the damage or injury occur? (Give exact date and hour) `V1E .eXpc_7 C)ATii 'F1� HaCZ�S Ut�kAJcJ (3EcAuck {�a i7;:v� �S cl.oTrll&► - �JH6�J Z Leri "fNTS tflCxL�.T� I►J Ei42L� 1�t8� mY CLoTN�NIr I46A. l ZiA) LOST ------------------------------- _---------------------------------------- 2. Where did the damage or injury occur? (Include city and county) G0� Qtf COS ff� COUNTY (�6T�r�T�vrJ l-Ac2uTY m 612TSN�z C►� f DN r�,�} ---------=--------------------------------------------------------------- 3. How did the damage or injury occur? (Give full details , use extra sheets if required) L 14NuI-c_ I[Y.)oE..7 Zp'Iq ------------------------------- ------------------------------------------ 9 . What particular act or om,,.ssion on the part of county or district officers , . servants or employees caused the injury or damage? HAuti_ ILNo EU IDEAS 6L)-T- L MsL& 1 o A-5 F}T r4TA-u-40tra v 40SPc i OLS L �0-0 T4E SOC 4L c4-1-- rµss PETE AT 1-01 f1«CZi�� M)qk T-j ri E z Gr9,) SC✓t 12HL 7 �i£S//�'kJ� r,`� C�(over) NC ofv� uJ OU; D J�e-) UR rU 'RC--k CAL'LS T Cr Dp 06-1- y_No„J TW' STEPS TI�Kt r� 1h V'J-'eJ0 �Jp �Lirl Sowi�o�kS CGoi-/lioUL-1 '.:55.,-:•,iat: ar.e...the...names of county or district officers , servantc• or i employees:causing the damage or injury?' ' '- 1 Z QO PO-T-- Y-Vj)L.� TRked OP Vrk- U-vTHTv,*-) ' �•t���o(�;� ���av� i�r�� �1-F� t}o� rn�� PEa�'��r�2r� w�rawi ___ 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two est 'mates for auto damage) 055 Di 1-ollow+tw(s ►^'�S CY CwT7{in+C—(C LGA—E/t Cfpi7� 09- bAi rr,pArl XPi-) �-- PRrP TEA-o4S Po( S i ,�J;- . --- SWrn4i S}{�a,eSi �-N`C2 4 iC fl_7Taras.�LS Sh4akS �OcICS L�IHoaoAk2 z� -- ------------ ----------- 7 . How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) `r i H-- F d2 �z►�1cN- Lri �v► ------------------------------------------------------------------------- S . ?vames and addresses of witnesses , doctors and hospitals. ----- -------------------------------------------------------------------= 9 . List the expenditures you made on account of this accident or Injury: DATE. - ITEM AMOUNT A0 Govt. Code Sec. 910 . 2 provides : "The claim signed by the claiman- SEND NOTICES TO: (Attorney) or by soipe person on his behalf . ' Name and Address .of Attorney �r Claimant ' s Signature yG t) 6)9.2ptiv-r Address Telephone No. Telephone No. (VLJJA,32c2J`S w NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer , or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill , account , voucher or writing , is guilty of a felony. 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Box 911 A. Claims relating to causes Of action for death or =orninCuryn to�533 person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , California 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 end Of this form. ************************************************************************ RE: Claim by ) Reserved for Clerk' s filing stamps Ek) C- ,- (,yt/'J Z-Onr) ) ) Against the COUNTY OF CONTRA COSTA) ` fVIAY 1 ? 1989 S •-G;r�ET�tiTivA) racd)i mrz, DISTRICT) 3 1 (Fill in na ) ) PM BAT CL[R TR CFcEP ScP3 The undersigned claimant hereby makes claim ag 1y If. Costa or the above-named District in the sum of $ e�_Y ) and in support of this claim represents as follows: -----------------a------------------------------------------------------ 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) C6rvT2A �os7�. ��N�y . 3. How did the damage or injury oce r? (Give full aetails , use extra sheets if required) { LC�_�ID�� JN arud ShoEs-- Las7 4 . What particul -act or omission on the part of county or district officers , . servants or employees caused the injury or damage? o sT (over) 5.:,:• zat: ar.e_the,,:names of county or district officers , servants,,�o " - S i employees causing the damage or injury? r -------------------- 6. What damage or injuries do you claim resulted. (Give full extent of injuries or damages claimed. Attach two estimates for auto - - - - d4mage) o �1o�6�N _a_,� sh � �s ___ --------------------------------- ----- -------------- 7. How was the amount claimed above computed (Include the estimated amount of any prospective injury or damage. ) e?r2E k)0,6 h ed Te-ows 5h o es ShIeT sQ--ics #�jp , ©o f3C I-��g------- ----------- --------- es , do--------------------------------- 8 . Names and addresses of witnesses , doctors and hospitals. J24 ---------- ------------------------------------------ - --- - 9 .' List the expenditures you maae on account of this accident or injury: DATE !TEM AMOUNT Govt. Code Sec. 910 . 2 provides: "The claim signed by the claiman- SEND NOTICES TO: (Attorney) or by some aerson on his behalf. ' Name and Address of Attorney pzk t Claimanp' s na ure In 0)f_15116 /�a = 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, town, city district, ward or village board or officer, •authorized to allow or pay the same if genuine , any false or fraudulent claim, bill , account , voucher or writing, is guilty of a felony. " r _ CONTRA COSTA DETENTION FACILITY LJISI I -CLOTHING RECEIPT < '' DATE: - ' REC: i U::JOjlB� 1�3rt;8 TIME: 1 FACILITY: r W F NAME (L, F M): a LAWIAZDON 'ERIL' D.O.B.: f,.,.:,.. • I :• BOOKING NBR: SHIRT/BLOUSE PANTS/SKIRT COAT/JACKET SHOES/BOOTS SHORTS/PANTIES 9T-SHIRT/BRA SOCKS/NYLONS HAT/PURSE SWEATER/SWT. SHIRT DRESS 0 OTHER BKG OFC: �•-+� IN ATE SIGNATURE C-"-'- RELEASE DATE: I HAVE RECEIVED ALL OF MY CLOTHING. REL OFC: X INMATE SIGNATURE CLAIM BOARD '�F 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 June 13 , 1989 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: $599 . 03 Section 913 and 915.4. Please note all "WarHQG1gf2� CLAIMANT: GAVIN P. GRACEY 1320 Tucker Road ATTORNEY: Calistoga, CA 94515 Mc3/'tjhez' �� Date received CH 9x553 ADDRESS: BY DELIVERY TO CLERK ON May 18 , 1989 BY MAIL POSTMARKED: May 16 , 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. f DATED: May 22, 1989 gqIL Bep�tyLOR, Clerk L. Hall 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: 5 (22 ��9 BY: I" Deputy County Counsel —T III. FROM: Clerk of the Board TO: County Counsel (1) County Adm' is ator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present M 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. 01 e Dated: JUN 13 1989 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. JUN 15 1989 Dated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator Claiffi 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 Against the County of Contra Costa ) c or > MAY 18 1989 District) Fill in name ) BAT OR .CLERKTRD SU?CR I RS N De The undersigned claimant hereby makes claim again B "a 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) 5. 3 . 11 a14. 50 P, . ------------------------------------------------------------------------------------ 2. Where did the damage or injury occur? (Include city and county) I���H�� y ��� IvbRTF} AT SF1N RP�r`1o1.1 . ----------------------------=---=--------=-----------=------------------------------ 3. How did the damage or injury occur? (Give full details; use extra paper if' required) , 4?wck- (�IUOSE � I) 146-1. . LbS)NGT GTR�1vCl �N� A I�RCrE HR� R1�SE)M IPE OPb,1'ELT .' C, F)VEL 1J3- ) 0b: ECS HIT My dEH► G1rE . ------------------------------------------------ - - --- 4. What particular act or omission:.on the part of county.•or district officers, servants or employees caused the injury or damage? `ly Mjuf f L)P CL� (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? ' ' U��kNaw►�1 - - 5.. What damage or .injuries; do you claim ' :(Give full extent of injuries or damages claimed. . Attach .two estimates for.auto damage. 7 -How was the amount's claimed .above .computed? (Include -the= estimated amount of any prospective injury or damage.) ------ ----------- 8. Names and addresses of witnesses, -doctors and hospitals. . ---------------------------- ----- ------------------------------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM - AMOUNT Gov. Code, Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some persorx on his behalf." Name and Address of Attorney Cla' 's S-rgn ure 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 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 Loth, 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. EStl1' ate Report 1617 419 DAT ( BUS.PHONE �CI�J / "' 1TFil7tJE RES ADDRESS A, CITY STATE ZIP YEAR ! g6 MAKE"Ce -MODEL 5 ,/'T Z�- �( v I.D.NO. PAINT CODE_ PROD.DATE TRIM MILEAGE LICENSE NO._ WRITTEN BY INS.CO. FILE NO. - CLAIM NO. P.O.NO. ADJUSTER LIC.NO. PHONE Deductible/Betterment �._. y� y.0 •� n,�eEY.�li uf. � 0 a ..,e e1=.L.w(.'.x`_l3, 'd'3 .fi.. ! ,'. t. 3.k "� •_a•1 2 w T �*� SP t o 3 4 5 6 7 8 9 10 < 11 12 13 14 15 16 17 18 19 20 21 \ 22 23 24 _ 25 26 27 28 29 30 I hereby authorize the above work and acknowledge receipt of copy.signed X I• P?n r 1 � J �® PART subject ti�js%� $ CUPERTINO BODY SHOP LABO�hrs.®S_f $ Aes 3016 Winchester Boulevard PAINT hrs.® $ Campbell, California 95008 Paint Supplies $ 4inf;1/607^ Phone (408) 379-4440 Towing/Storage $ Sublet/Miscellaneous $ B.A.R. #3530 Sue> Cdous waste Dispose 47 GEORGE FRITZ & LARRY COOPER - Owners TAS $ TOTAL ESTIMATE $ CC)Fonn Na 1002 VIVE/A Inc Caldwell.ID 83605 Call Toll Free 1SOQ6358267 REV.885 VOID AFTER 30 DAYS _ REPAIR- WINCHESTER AUTO BODY REPAIR- 2420 Winchester Blvd. ESTIMATE CAMPBELL, CALIFORNIA 95008 (408)3783560 DateCar Owner �xol'o _ �1 A �1� / Home Phone Make """�� Year�License No &)At /-�J sa Type �` :&!n Mileage Business Phone ( I.D. Adjuster " S �) Phone Insurance Co. Inspector Labor labor Labor Symbol / Hours PARTS Symbol Hours PARTS Symbol Hours PARTS Bumper Fender Front Fender, Front Bumper Brkt. Fender Shield Fender Shield Fender Mldg. Fender Mldg. Headlamp Bumper Gd. Headlamp Headlamp Door Fri. System Headlamp Door Sealed Beam Frame Sealed Beam Cowl Cross Member Cowl Door, Front Door, Front Door Hinge Wheel Door Hinge Door Glass Hub Cap Door Glass Vent Glass Hub 8 Drum Vent Glass - Door Mldg. Knuckle Door Mldgs. Door Handle Knuckle Sup. Door Handle Center Post Lr. Cont. Arm-Shaft Center Post Door, Rear License Frame-Brkt. Door, Rear Door Glass Up. Cont. Arm-Shaft Door Glass Door Mldg. Shock Door Mldg. Rocker Panel Wind 'eld Rocker Panel Rocker Mldg. t \ Rocker Mldg. Sill Plate Tie Rod Sill Plate Floor Steering Gear Floor Frame Steering Wheel Frame Dog Leg Horn Ring Dog Leg Quar. Panel Gravel Shield Quar. Panel I Quar. Mldg. Park. Light Quar. Mldg. Quar, Glass Grille Quar. Glass Fender, Rear Fender, Rear Fender Mldg. L O t Fender Mldg. - Fender Pad Fender Pad Mirror Inst. Panel Horn Bumper Front Seat Baffle, Side Bumper Roil Front Seat Adj. Baffle, Lower Bumper Brkt. Trim Baffle, Upper Bumper Gd. Headlining Lock Plate, Lr. Gravel Shield Top Lock Plate, Up. Lower Panel Tire Hood Top Floor Tube Hood Hinge Trunk Lid Battery Hood Mldg. Trunk Lock Paint Ir Ornament Trunk Handle Undercoat Rad. Sup. Tail Light Polish Rad. Core Toil Pipe Misc. Materials Radio Antenna Gas Tank Rad. Hoses Frame Fan Blade Wheel AUTHORIZATION FOR REPAIRS Fan Belt Hub 8 Drum You are hereby authorized to make the above Water Pump Back Up Light specified repairs. Motor Mts. License FrameBrkt. Signe Laba Hrs. $ Parts $ o� A-ALIGN N-NEW OH-OVERHAUL 5'STRAIGHTEN OR REPAIR EX EXCHANGE Wrecker Service $ RC-RECHROME U-FOR USED PARTS B REBUILT Tax $ This estimate is based on lowest possible cost consistent with quality work, and as such, is Sublet $ guaranteed. Items not covered by this estimate or hidden will be additional. - TOTAL -RE-661-3 ------ MW_._..- _ _ __..__ ._.e Vru.artrvCow -5p CLAIM Its 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 June 13 , 1989 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: $10 , 000. 00+ Section 913 and 915.4. ! Please note alC(3l M?ings". CLAIMANT: TALBERT COLSON ETAL Y Counsel c/o Clyde I. Butts SAY )21989 ATTORNEY: 12250Alpine RoadOffices of a#204cini & Dat Butts receivedMa�YnL'Z, CA ADDRESS: Walnut Creek, CA 94596 BY DELIVERY TO CLERK ON May 12 , 1989 handil . BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 22, 1989 ppHHIL BATCHELOR, Clerk BY: Deputy L. Hall II.\FROM: County Counsel TO: Clerk of the Board of Supervisors r ) 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: 5 ! �1 BY: 1 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. JUN 13 1989 Dated:Dated: PHIL BATCHELOR, Clerk, By ,Z�e__/, 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 claimantas shown above. Dated: JUM15 1989 BY: PHIL BATCHELOR byIW—tleputy Clerk CC: County Counsel County Administrator i W CLYDE I . BUTTS C e� � , 1 LAW OFFICES OF MARRACCINI & BUTTS 1225 Alpine Road, Suite 204 2 Walnut Creek, California 94596 P;`IAY 12 1989 Telephone: (415) 943-1850 3 PHIL©A CHELOR Attorneys for Claimants CLMK BOARD OF BUPERVISOl, 4 TALBERT COLSON LAURA MCOLSON A osTA co. � M. By CO......... Depu_ty and CLAY COLSON 5 s 6 7 8 Claim of TALBERT COLSON LAURA M. COLSON, and CLAY 9 COLSON, a minor, 10 Claimants, CLAIM AGAINST COUNTY OF CONTRA COSTA 11 vs. (Govt Code Section 910) 12 COUNTY OF CONTRA COSTA and CITY OF PLEASANT HILL 13 TO: COUNTY OF CONTRA COSTA 14 Board of Supervisors 651 Pine Street 15 Martinez, CA 94553 16 Pursuant to California Government Code Section 910, 17 this claim is presented to the County of Contra Costa as follows: 18 NAME AND ADDRESS OF CLAIMANTS 19 Talbert Colson, Laura Colson, Clay Colson, c/o Law 20 Offices of Marraccini & Butts, 1225 Alpine Road, Suite 204, 21 Walnut Creek, California. 22 NOTICES REGARDING CLAIM SHOULD BE SENT TO 23 Clyde I . Butts, Law Offices of Marraccini & Butts, 1225 24 Alpine Road, Suite 204, Walnut Creek, California. 25 CIRCUMSTANCES GIVING RISE TO CLAIM 26 In the morning of November 17, 1988, claimant, Talbert 27 Colson, took his three and a half year old son, Clay. Colson, to a 28 LAW OFFICES OF MARRACCINI&BUTTS -1 1225 ALPINE RD.,STE.204 WALNUT CREEK,CA 94596 t day care center in Pleasant Hill. Around 2:00 p.m. that day the 1 day care owner telephoned Mr. Colson at work to advise him that 2 she had observed two small sores on Clay' s left buttock near the 3 thigh area. Mr. Colson advised the day care operator he was 4 aware of the sores and believed them to be diaper rash. Mr. 5 Colson further advised the day care operator he had been watching 6 the sores and believed they were healing. 7 Shortly thereafter, the day care operator allegedly 8 reported the sores on the child' s buttock . as suspicious burns to 9 the Contra Costa County Child Protection Services (CPS ) . The 10 Pleasant Hill Police Department was also notified. Employees of 11 Contra Costa County and the City of Pleasant Hill removed Clay 12 Colson from the day care center for a medical examination and 13 began an investigation of the report. Following the medical 14 examination employees of Contra Costa County and the City of 15 Pleasant Hill decided to place Clay Colson in a foster home and 16 refused Mr. Colson contact with his son. 17 Neither Mr. Colson nor Mrs. Colson were notified that 18 their son had been taken from the day care center. Mr. Colson 19 learned of the event when he returned to pick up his son. Mr. 20 Colson went to the Pleasant Hill Police Department where he was 21 interrogated by Kathleen Carrier of CPS, Detective Thomas 22 Weightman of the Pleasant Hill Police Department and other City 23 and County employees. During the interrogation Mr. Colson was 24 accused of neglect and physical child abuse and City and County 25 employees suggested that he had burned his son on the buttock 26 with a cigarette lighter. 27 The two spots on the child' s buttock were 28 LAW OFFICES OF MARRACCINI&BUTTS 1225 ALPINE RD.,STE.204 WALNUT CREEK,CA 94596 differentially diagnosed by a Kaiser Hospital physician as 1 impetigo on November 17, 1989 . Employees of Contra Costa County 2 and the City of Pleasant Hill refused to communicate with either 3 Mr. or Mrs. Colson regarding the status of their investigation 4 and failed to promptly release Clay Colson to their care once the 5 diagnosis of impetigo had been made. In fact, Clay Colson was 6 never released to his parents. Rather, Mrs. Colson took custody 7 of her son on Tuesday, November 21, 1988. The Colsons have never 8 been notified of the outcome of the investigation. 9 DESCRIPTION OF INJURY AND DAMAGE 10 As a result of the negligent investigation conducted by 11 employees of Contra Costa County and the City of Pleasant Hill, 12 both Mr, and Mrs. Colson were wrongfully accused of child abuse 13 and neglect. Both Mr. and Mrs. Colson were slandered and 14 libeled, subjected to an invasion of privacy, a deprivation of 15 their constitutional right to freely associate and a deprivation 16 of a liberty interest without due process. The acts and conduct 17 giving rise to the deprivations and injuries were ministerial in 18 nature. 19 Talbert Colson and Laura Colson each suffered severe 20 mental and emotional upset, anxiety, stress and humiliation as a 21 result of the false accusations of child abuse and when their son 22 was suddenly taken from their custody and placed into the custody �3 of complete strangers. The mental and emotional distress was 24 compounded when the City and County employees refused to 25 communicate with Mr. and Mrs. Colson regarding the status of 26 their investigation and custody of their child. 27 Clay Colson experienced mental and emotional upset, 28 LAW OFFICES OF MARRAC(INI&-BI1TTS 1225 ALPINE RD.,STE,204 WALNUT CREEK,CA 94596 anxiety and distress when he was taken from the day care center 1 by strangers and placed in the custody of strangers rather than 2 with his parents. He was deprived of his constitutional right of 3 freedom of association, was subjected to an invasion of his 4 privacy and false imprisonment. 5 PUBLIC EMPLOYEES INVOLVED 6 At this time claimants are unaware of all public 7 employees causing the injury. Those known at this time are 8 Detective Thomas Weightman, Pleasant Hill Police Department and 9 Kathleen Carrier and Ms. Ausban of the Contra Costa County Social 10 Services Department, Child Protection Division. 11 AMOUNT CLAIMED 12 The amount claimed is in excess of $10,000.00. 13 Jurisdiction over this claim rests in the Contra Costa County 14 Superior Court. 15 Dated: May 8, 1989. LAW OFFICES OF MARRACCINI & BUTTS 16 17 — By -z?z 18 DE I . BUTT At orneys for Claimants 19 20 21 22 23 24 25 26 27 28 LAW OFFICES OF _ MARRACCINI&BUTTS 1225 ALPINE RD.,STE.204 WALNUT CREEK,CA 94596 t, 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 June 1989 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: $1,400, 000 . 00 Section 913 and 915.4. Please note all "Warng1qQ?t DUANE SCOTT JOACHIM E-01909 y COu/ISe/ CLAIMANT: P.SOOledad,� CAO 93960-0690 f���Y 1989 ATTORNEY: Date received Martine?' C,, 94S63 ADDRESS: BY DELIVERY TO CLERK ON May 16 , 1989 BY MAIL POSTMARKED: May 15 , 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. // lw� DATED: May 22 , 1989 �qIL �ep�tyLOR, Clerk L. Hall II. �FROM: County Counsel TO: Clerk of the Board of Supervisors l� 1 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: 1 BY: 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 Xder entered in its minutes for this date. Dated: J UN 1 3 1989 PHIL BATCHELOR, Clerk, By X4/, eputy 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: JUN 1 5 1989 BY: PHIL BATCHELOR byeputy Clerk CC: County Counsel County Administrator Board of Supervisors, County of Contra Costa 651 Pine Street Martinez, California 94553 F� � ® May 15, 1989 MAY h& 1989 RE: Notice of Claim CL_. Ph R BAT. .ELOR iC SUPE VIuGR� _Dy .... ..,Dcnuty Dear Board of Supervisors: Please Take Notice as Follows: This letter will interface as notice of claim, designated against the above-aforementioned County, accordingly pursuant to California Govern- ment Code section 910.2 and 1983. — Complaint Notice of Claim: C_ Claimant Duane Scott. Joachim, E-01909 (b Address P.O. Box 690, ,4-45U �t- City Soledad Q State: California 93960-0690 1 Claim Against County of Contra Costa (4 Date of Injuries: March 15,1989 Time 10:45 A.M. M Board of Supervisors May 15, 1989 Page Two: Brief Statement: On March 15, 1989, at 10:45 A.M. , Michael Kotin was representing the claimant, in an action, that was foregoing before the Superior Court. Such reprepresentation by said Deputy Public Defender Michael Kotin, had an attorney to client conversation with his client, such that was said, Michael Kotin w.ilfully. statted" that heh.called thei.ciaimant civil attorneys and that they were going to forward some medical records. Further, this on March 16, 1989, at 1:00 P.M. , the claimant questioned his civil attorneys practices and discovered that Michael Kotin, had informed such counselors, of .issues! that were known only by such counsel own opinion, concerning the alleged case and stated that the'claimant, had whited out medical information and xerox over them, and submitted them for payment. Note: Michael Kotin took the liberity in calling upon his client civil attorneys, without any consent of his representation to anticipated such communications .and with a..di$pitable disregard to his client rights. Damages: Breached of Contract by wrongful conduct: $350.000.000 Personal injury: (Emotional duruss) : $ 50.000.00 Speic.ial Damages : $1,000.000.00 Total Damages : $1,400.000.00 Jurisdiction would be deem-:proper in Superior Court. Respectfully submitted, ; Duane Scott. Joachim 2:4 ul ca tb ri LW Cll O x83 i? 0) ';Hj 68619 1 VIN � Ln G O+ GEM DFIU f 1N O -,T 0 41 0 ko (A 0 '� ro ra ro C, CLAIM /<�p 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 June 13 , 1989 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: �1, 0'50. 00 Section 913 and 915.4. please note all "Warnings". CLAIMANT: BOOKER HALL �Q6r�t 1538 3rd Street00 ATTORNEY: Richmond, CA 94802 �� unsp/ Date received �9 ADDRESS: BY DELIVERY TO CLERK ON May 18 , 19 9 BY MAIL POSTMARKED: May. 11, 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 22, 1989 PpHHIL BATCHELOR, Clerk DATED: BY: Deputy L. Hall I1. 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: S ' 22 /il BY: IJ Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Adm istrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X) This Claim is rejected in full . (/ \) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: JUN 13 1989 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 16; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order Igce to Claimant, addressed to the claimant as shown above.JUN 15 igggDated: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator :LAIN Tn• -BOARD OF SUPERVISORS OF CONTRA COT'At r�g ` v e ur tTM application tot Instructions to Claimant Clerk of the Board P.O.Box 911 ?AaA. Claims relating to causes of action for death or tor�in�uryn o4533 person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2 , Govt. Code) B. Claims must be_ filed with the Clerk of the Board of Supervisors at its office in Room 106 , County Administration Building, 651 Pine Street, Martinez , California 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. ntity. -E. Fraud. See penalty for fraudulent claims , Penal Code Sec. 72 at end of this form. RE: Claim by .) Resery r C'1 ar- ' L ' stamps �R a RECEIVED 1,53g> aj ;*zkt a hr�1114 99&62 AY 1 81989 Against the COUNTY OF CONTRA COSTA) BA F R or ?�2r "r� J�s�1k�OLQd'I1�1 DISTRICT) c oNii° 8 .. . .. ..<.. .... .. . ..... .. De ur (Fill in name) ) . The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ L and in support of this claim represents as follows : ------------------------------------------------------------------------ 1. When did the damage or injury occur? (Give enact date and hourl Cpank_1_r ��u_l % _ lL�_IZ& r �+����c�zc� 2. Where did the damage or injury occur? (Include city and county) 3How did the cr i—'r1 cccur? (Give ful.i detai . ls , use extra- sheets if required) _�h � � � 9 . hat_particular�_1�/ act or omission on the par county or district W officers , servants or employees caused the injury or damage? (over) '.:5..:,:•J� iat ar.e...the....names of county or district officers , servants or I employees; causing the damage or injury? 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. ) � ^rtO_ t� u��_d ._Qs� ------------ 8. Name d and addresses of witnesses , octors and hospitals o 9 . List the-_expemd• tures you' made on account of ' this accident or injury: DA Ta,r t,} t ° " _ ' ITEM 7--M0UNT ' 1 QRirbF'�p1'S 2SU,�" 00 - , Bel- 2r Govt. Code Sec. 510 .2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) or by some oersori on his behalf. " Name and Address of •Attorney AAr 6L , 1 Claimaht'§ Signature p t 535 3rd c3 ft t r Address "f�iCanmanc6l CC1Lli�rdluL 9�K�Z Telephone No. "�_� �$�Z�Q Telephone No. 2335�$Q NOTICE Section 72 of the Penal Code provides: "Every person who, with intert to defraud, presents for allowance or for payment to any state, board or officer , or to any county, town, city district, ward or village board or officer, authorized to allow or pay the same if genuine , any false or fraudulent claim, bill , account , voucher , or writing , is guilty of a felony. " - N 2E. ds^ a �� liv ck . rev til Cob ins rc 4Q t5 0) (4v - hleft L41 _` yylDeism 1� 'Jr , _"A, ra-t�.l� "T� ' `tie, P(oj"`vj of ne� Clrr�n`y -C& &OVA, CbgT- b-f � i � r 4 t �to Vol�l' ffi 96 ago : �t stin coyQO �/ 9 <Z . i- CLAIM /4 { 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 June 13 , 1989 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 1 1� . (Paragraph IV below), given pursuant to Government Code Amount: Section 913 and 915.4. Please note all ". CLAIMANT: DUSTY CONWAY Mgr�yCo(�ns�� 2229 East Leland Road ATTORNEY: Pittsburg, CA 94565 �la�ine X989 Date received 2, C ADDRESS: BY DELIVERY TO CLERK ON May 18 , 1989 hani !3 Sj, BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 22 , 1989. PPHHIL BATCHELOR, Clerk BY: Deputy L. Hall 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: S 122 `) BY: l Deputy County Counsel T III. FROM: Clerk of the Board TO: County Counsel (1) County Adminis ator (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. JUN 13 1989 Dated: PHIL BATCHELOR, Clerk, By iX4�___ , eputy 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 No ice to Claimant, addressed to the claimant as shown above. Dated: JUN 15 1989 BY: PHIL BATCHELOR by � Deputy Clerk CC: County Counsel County Administrator CLAIM%TC?• BOARD OF SUPERVISORS OF CONTRA CO Az� rrpr -Ve1_urtS bRi illy npplloatlen to, r: Instructions to Claimant Clerk of the Board P.O. Boz 911 A. Claims relating to causes of action for death or Zorneinjuryhto1533 person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911. 2, Govt. Code) B. Claims must be- filed with the Clerk of the Board of Supervisors at its office in Room 106 , County _Administration Building, 651 Pine Street, Martinez , California 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 , Penzl Code Sec. 72 at end of this form. ************************************************************************ RE: Claim by ) Reserved .for Clerk' s filing stamps Against the COUNTY OF CONTRA COSTA) N1 AY 181989 or DISTRICT) c S-0 M �A`^H@L (Fill in name) ) %K. ,�qQo� . v'Soa" • a • The undersigned claimant hereby makes claim � . .ttie �CO—n-ty 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. Were i ' t Q_ d �e or injury occur? Include city and county) tc -----------------d------------------------------------------------------- 3. How did the amage or injury occur? (Give full details , use extra sheets if�req�ired) _ Z7--- 4 . What particular act or omission on the part of county or district officers , servants or employees caused the injury or damage? (over) '.:5..:..•f iat. ar.e..the.._names of county or district officers, servants or I employees; causing the damage or injury? -- -- - - -------------------------------- =----------- ; -- -------- Wh-at-d-amage------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. ) ----N-- ------------------------------------------------------------- 8. ames-----and- addresses of witnesses , doctors and hospitals. ------------------------------------------------------------------------- 9 . List the expenditures you made on account of this accident or injury: DATE I'T'EM . 7--MOUNT Govt. Code Sec. 910 . 2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attorney) , or by some ce�rson' own his behalf. " Name and Address of Attorney a an gnatire Telephone No. Telephone No. X32 6132 ************************************************************************** NOTICE Section 72 of the Penal Code provides: "Every person who, with intert to defraud, presents for allowance or for payment to any state, board or officer, or to any county, town, city district, ward or village board or officer, authorized to allow or pay the .same if genuine , anv false or fraudulent claim, bill, account , voucher, or writing , is guilty of a felony. " �r % 1 CLAIM 4 .. 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 June 131989 , 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: $225 , 00 Section 913 and 915.4. Please note allco yFin s". CLAIMANT: MARTIN C. YOST SAY y OUnSe/ 720 Fargo #7 2 9 X989 ATTORNEY: Sari Leandro , CA ka.rt� Date received n�2, CA ADDRESS: BY DELIVERY TO CLERK ON May 18 , 1989 inttlg8iffice BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 22 , 1989 gaIL BAATTCYELOR, Clerk epuL. Hall 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: E, '2211y BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Ad strator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present (X) This Claim is rejected in full . ( \) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. 01 Dated: JUN 13 1989 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: JUN 15 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator BOARD OF SUPERVISORS OF CONTRA CO*_T-NrFo?1;yi;9Fapp1ication to: Instructions to ClaimantC!erk of the Board .O.Box 911 Martinez,Califomla94553 A. Claims relating to causes o'f action for death or for injury to person or to personal property or growing crops must be presented not later than the 100th day after the accrual of the cause of action. 'Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Sec. 911.2, Govt. Code) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, California 94553. C. If claim is against a district governed %by the Board of Supervisors , rather than the County, the name of the Distript should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at end o his form. RE: Claim by ) Reserved for Clerk' s filing stamps Against the COUNTY OF CONTRA COSTA) MAY 181989 or CDNTl2t} P,4Sf S+l�Ri6Fs DRICT) vluLe :cNUH CiFRY":JnRD O''.UtEkvISORS Fil in name ) con���qq osrnco 8 ..............L,�. ......... 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: �. When did the damage or injury occur? (Gve exact date and hour] ao�� ,�� FUR PROP' �. W�iere card the damage or injury occur? (Include ci' y' and ounty) 4"CD/ / &A) ®��r/771 �u , ^ _mss _Qcc� e.�. , -- -E mi- MA,0 wad1 _10�.�� 3. How did the damage or incur occur? (Give letails, useextra sheets if required) � w/U 11Hr 1A)7D � / #1A) 4P2k V � �y 60 /vel lvze /�1 Go kAW1 `� L r �_ fr 771 �z�?;��-!�/�-�Z_'�1!�►rD.�..�c���L� r�,,J 4. What particular act or omission on the part of county or district offf�incers , servants or employees caused the injury or damage? (,f/ PAWS A69, P",,,AAhr,,c/. p 4`j�� sr,���,, . APA m/y�� PAN21Y DU�j��' /" l /•'�`T/'ei:�r6b"(!/�i '��d� �k��'.7UGa� �!� P��J��(over) MY n1201W7r �� of � � P �AM� rnsP6012og TV 40160121, 11g A� 5. What are the names of county or district officers, servants or employees causing the damage or injury? 7 Al*b o 01C OFM f. 11Vn - PIMPAMI . 4S IN It/ K4 6. What damage or injuries do you claim resulted? ZGive full extent of injuries r damages claimed. Attach two estim_4tes .for auto 6- .. �. �d ama e) P(A-of 6&4e[ i.EA7W d 2kZ SM S 2 Mos,Dap- 64 cr, •jD.� my PROP�7=1,: AL-A Wool-sw&g1X,2 -gMos,ouo. - 5.5, Ay � ,�c IQPAU214A w65SSocKS ,� ppAiR of 81gclG WQD� pf rS Mos, o� (p0.Av `� ���+�l yD ND LL�S�= •�- -- -DA��C t p2FhS5 SNi�zJ_�mos, FJca 43S-06 ---- == ------ 7. -How wacomputed?s the amount claimed above com p (Includ-e-the estimated��---.._.... amount of any prospective injury or damage. ) C![ Oise,-i PVDA S 19MD 6057S 6PM' 9s5ft)1 t �,��I��¢ 0,4 ------------------------------------------------------------------------- B. Names and addresses of witnesses, doctors and hospitals. 'DAOUyY Mtft) OF M- W"4' O OV .3*9tth S &ice - ------------ ----------- 3-7-List --T-------------------------------T-----T ------T-...---- theexpenditures :you made on account of this acciaent or injury: DATE Nl, ITEM AMOUNT Govt. Code Sec. 910.2 provides : "The claim signed by the claimant SEND NOTICES TO: (Attornev) of by some person onphis behalf. " Name and Address of Attorney 1 t C aimant s Si mature ~� Address �-► �a n � .cam►'"A's-n dq Tel phone No. r /�'/yA, / 'Teeleephhio'�jn/e No. //�� NOTICE Section 72 of the Penal Code provide s:"'>,-° "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, town, city district, ward or village board or officer', authorized to allow or pay the same if genuine, any false or fraudulent claim, bill , account, voucher, or writing, is guilty of a felony. " r 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 June 13 , 1989 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 1 8 7 . 3 6 (Paragraph IV below), given pursuant to Government Code Amount: Section 913 and 915.4. ' Please note all 11wc Ull1f hty C O4RS el CLAIMANT: SUSAN J. MCPEAK 3024 Live Oak Court SAY z Z X989 ATTORNEY: Danville, CA 94526 Date received bl �Z artlnCA 9455 , ADDRESS: BY DELIVERY TO CLERK ON May 18 , 1989 3 BY MAIL POSTMARKED: May 17 , 1989 I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 22 , 1989 PPHHIL BATCHELOR, Clerk DATED: Y BY: Deputy L. Hall. 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: ./ 2-2 I p`� BY: Deputy County Counsel III. FROM: Clerk of the Board TO: County Counsel (1) County Admin ator (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: JUN 13 1989 PHIL BATCHELOR, Clerk, By kDeputy 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: JUN 1 5 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator RECEIVED Susan J. McPeak Ay 15-1 95 3024 Live Oak Court Danville, CA 94526 A vao May 16, 1989 CLERK' 4 , 9Y .•l., , 1�6Dut Clerk of the Board of Supervisors Room 106 County Administration Building 651 Pine Street Martinez, CA 94553 Dear Mr . /Ms : Please find enclosed a claim against Contra Costa County for auto damage sustained on Dougherty Road . Enclosd are copies of : o EXHIBIT A - Invoice for expenses incurred thus far ( $51 . 63 ) -- tire had to be replaced immediately . This does not include charges for work that needs to be done, i .e . new wheel , alignment , parts and labor . o EXHIBIT B - Estimate #1 `rom Gerard Tire for alignment , wheel and labor ( $135 . 73 ) o EXHIBIT C , C1 - Estimate #2 from Walnut Creek Hond, and their tire service, Adler Tire and Autom^t.ive for -lignment , tire, labor, parts , wheel , parts ( $244 . 79 ) . In summary : Total dollars spent to date $ 51 . 63 Lowest of 2 estimates for work required to complete repairs needed as a result of damage incurred on Dougherty Road 135 . 73 Total d>>P from Contra Costa County : $187 . 36 Thank you for your consideration. I look forward to hearing from you . Sincerely, LPn' �6 `a Susan J. M�Peak 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'l,' 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 film _.:.• u5atn B� ) RECEIVED ) MAY Against the County of Contra Costa ) .1 AW or ) P IL d,. CHEe RVISOFI:, CLCK BOAR� � �! District) CONTRA O.T , O• Fill in name ) By Deputy (Fill The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 3(,o and in support of this claim represents as follows: ------------------------------------------------------------------------------------- 1. When did the damage or injury occur? (Give exact date and hour) _P_ax&n Lir___.�-+i-`te ------ L _�� �--------------------------------------- 2. Where did the damage or injury occur? (Include city and county) Iou ------------------------------------------ 3. Ho did the damage or njury occur? (Give full details; use extra paper if C5tv°w`d) required) Cl•0Pk"�in do Avo)cL ah .eAormoces A61e 1 h poli,5tiorty ROOL l . 1 vNouL a( �/^e C.aV -fo he �Ar waS uv.a{o(e {o avoid hole cvNd- 4- i wi 6, 1gh-` -fratAfdire __ Ti4-e_w4S spIi-� a(At &SIMY'ed �w(4Ltky J^ep�0c.rbt+Vd ACCt1so,rl 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? 7�. DorA4gyQ u-QS oliteL+ reswlfi 6-f A03 I'cpac '� Gln'4ke 10Aj'- 6Ja - l'he �o"14" y / 15P4 7�,cul(/ I tai lucre VK6i�fiaJ�`1�fC601A ,-oaO/S jP Codi �inv►I �Ne� uhPr�dre7� h4actrd_s (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? 5. What damage or injuries do you claim resulted? (Give full extent of IJuries or damages claimed. Attach two estimates for auto damage_ I 3 e).nw.a9e— -Fire� w Gipel � �pe l a I i�{a weo-tt _ •�o'f'4 I ------------------------------------------------------------------------------- ---- 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) hay t_J)Pw__gf-J M4 Id Pyr 8. Names and addresses of witnesses, doctors ?Lnd hospi Cls. j 44 9X da� e r) Ta LQQ�� Cf j) ay 5a IpY 3�1-f ly 2re rkall Qahv;ft� Cl¢ 4`�,Sdc' 3(oTPnnisCtu r. 11415 d' ;--IM 13r pi s�dLe—1 Se s _41--- - N(AVI( - - i s 1 -----1 S a_38-bogy Sa c�y)��e3�f-r ------------ . 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT IlLo(8 a' 4 i re v-erDl ace�pvt, X51, co 3 u.hee.f ��lacew.ovl . � 3 r`u, Il �^a"ke, 3s +a l 18 yv n vevt f" 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 G Cla' ant's ignatur(e Address C�¢ cIr 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 imprisonment in the countyrjail fora 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 'prkson, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. �' YOUR NEIGHBORHOOD TIRE AND AUTOMOTIVE SERVICE CENTER �I' � I�, / @J� CbOcT1) - CERTIFIED 2131 SAN RAMON "L`( ESI_ �A AUTO SERVICE SAN RAMON, CA 94583 — :- (415)838-11601, PAR REO# AD123825 _ MW� 1. `:�' 12/ 06 /38 TERR: 7574 PACE: 011 14ONSIG: 169286 PILL TO: SUSAN MCPEAK 3024 LIVE OAk:: CT. DANVILLE, CA 94526 PHONE 1. . . . . . . (415)837-1951 VEH YEAR&MA1::E. 83 HONDA PHONE 2. . . . . VEHICLE MODEL. ACCORD DATE PROMISED. 12/016/88 VEHICLE COLOR. BLUE TIME PROMISED. LICENSE/STATE. 2ENX993 / CA RETURN PARTS. . NO ODOMETR IN/OUT 92984 / 92984 SALESMAN. . „ . . . ALLQ / ALQ ACCOUNT # COB TC COST# T�PE/STATE AUTHORIZATION CREDIT CARD NO# 757400005 V 01 11013 0 CA 000414 4734779328771 SLSM NECH PRODUCT CODE BC QTY DESCRIPTION PARTS EACH LBR/EXCISE LINE TOTAL RLQ 773-561-601-0 R 1 135/70SR13 131 G METRIC BL RPTL 41.95 .00 41.95 QTY. I NO, MKFMMA0418 ALQ ASL 044-263 R 1 COMPUTER SPIN BALANCE.- AUTO TIRE .00 6.95 6.95 kyN T 14131f 119 828 11., a31�9 Ci: PARTS TOTAL... 41.95 LABOR TOTAL... 6.95 G CHARGED AMOUNT 51.63 SUB TOTAL..... ;. ` 48.90 ---- - - - TAXABLE AMOUNT 41.95 SALES TAX..... =. : i.7.'• CUSTOMER AUTHOIATION FOR TOTAL 1 84'V Cwy .IC C.-I F—' _17 Q )-r 441..... " W:T; 1. am,a IE_ F:. :� ::qb,k IF_..lF�,:° -. :I_> I&: :C::k IC:_: X=-' Ib'R.. "" - - 1.:,=--.._ -t, , E� = -- r ...... _u_ �1 F"'��.._.0 1 4 G II 'R 0' .__Y� f�I-_' �1.�. C,,,& '=''� "X 4 ISI -"I,C_ ir-%R ...,.._'4 w�o�� z F-,;:,eA P,N.."r`v'' IC ll*',.V... . . 1 F,.1-110 'u-IF I C-k P'..H �I YOUR NEIGH �O®FTk#;ff�Tl406WFAL�PTBtE SERVICE CENTER •`.415)838-1160. BAR REG# AD123825 P �ly [ Cs 03/0618 �^ 1 : p (:) /I PI CERTIFIED TERR: 7574 L . euro SERVICE PAGE: OJ NONSIG: 169286 -X'•F='P R I ( IEL :x• p I>cj P'A 43-B- F"oc% BILL TO: SUSAN! MCPEAK 3024 LIVE OAK CT DANVILLE. CA 94526 PHONE 1 . . . . . . . (415)837-1951 VEH YEAR&MAKE. 83 HONDA PHONE 2. . . . . . . VEHICLE_ MODEL. ACCORD , NATE PROMISED. 03/06/89 VEHICLE COLOR. BLUE TIME PROMISED.: LICENSE/STATE. 2EN.X993 / CA RETURN PARTS. . NO ODOMETR IN/OUT 964?5 / SALESMAN. . . . . . ABY / ABY PRIOR INVOICE. 021264 ACCOUNT l) COB TC CUSTR TYPE/STATE 757400001 2 01 11013 0 CA SLSM NECH PRODUCT CODE BC 8TY DESCRIPTION PARTS EACH LBR/EXCISE LINE TOTAL ABY 078-159 R 1 FRONT WHEEL ALIGNMENT (NO REAR ADJUST) 0!i 34.00 34.00 MEASURE & 114SPECT TIRES & ADJUST AIF' PRESSURE - INSPECT STEERING & SUSPENSION COMPONENTS - CORRECT ALIGNMENT ANGLES REFERENCING REAR WHEELS - PROVIDE COMPLETE ALIGNMENT PRINT-OUT WITH SPECIFICATIONS ABY 226 R I SPORT WHEELS 81.95 .00 81.95 ABY 044-263 R 1 COMPUTER SPIN BALANCE - AUTO TIRE .00 7.95 7.95 ABY 040-101 R 1 CHANGE AUTO TIRE, DISMOUNT & MOUNT .00 6.50 6.50 PARTS TOTAL... 81.95 LABOR TOTAL... 48.45 SUB TOTAL..... 130.40 :-------------------------------------------- TAXABLE AMOUNT 81.95 SALES TAX..... 5.33 CUSTOMER AUTHORIZATION FOR TOTAL Jr PSP v 0 Jr 4~"F_ _r 0`F_A P.... 140 J. a E5 .. '7 23 F-:"P"-R IL" C;Imo. P z X Pte' :IC FR drA-P" Jw (3 M ID A"'6•'r-_ C)41- / C3�5 / F-3 C? :.E3 9-:.8::_ F h F_:E W IES='F+:-"_'i;Pte- :_a r. 1-1 4:__ I=-81:31 IF=S". 1 P^1➢="C.:b F:Z'J-dce NI'll'- E.3 d'A§::--" E"---..-P......,„,,,. W dnb FR P'+9 1 t%A C.3 P-b Pti,&n W P Z ff= .ir'b P"�P-'I-'V I P'4I=C3 P-R P'l q^-' _.P-. l c�P q ou A • WALNUT CREEK HONDA • 2555 North Main Street i �•� Walnut Creek, CA 94596 i i (415) 934-0530 0 BUSINESS HOURS: MONDAY-SATURDAY 7 AM — 7 PM 9h i i DISCLAIZER OF WARRANTIES . THE ONLY WARRANTIES APPLYING TO THIS PART(S)ARE THOSE WHICH MAYBE OFFERED BY THE MANUFACTURER.THE SELLING DEALER HEREBY EXPRESSLY DISCLAIMS ALL WARRAW • TIES,EITHER EXPRESS OR IMPLIED,INCLUDING ANY IMPLIED WARRANTIES OF MERCHAN- j� NO REFUNDS WITHOUT THIS INVOICE TABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND NEITHER ASSUMES NOR AUTHORIZES ANY OTHER PERSON TO ASSUME FOR IT ANY LIABILITY IN CONNECTION WITH :\I RECEIVED BY: THE SALE OF THIS PART(S)AND/OR SERVICE.BUYER SHALL NOT BE ENTITLED TO RECOVER FROM THE SELLING DEALER ANY CONSEQUENTIAL DAMAGES, DAMAGES TO PROPERTY, i ! DAMAGES FOR LOSS OF USE,LOSS OF TIME,LOSS OF PROFITS,OR INCOME,OR ANY OTHER INCIDENTAL DAMAGES. p p 't t1�U SOLD TO: i • SUSAN MC PEAK ATT= 05/15/99 " SHIPo CASH 11= 16000 ## PRICE QUOTE ONLY PHONEo — ACCT 602000 .0 STA 154 0 CALIFORNIA 94526 000 76 PO# REF# 0100000 MP 24/108 TERRITORY �9 RHO i HSN 140702 42700—SA5-01 DISK WHE 1 86.54 86.54 4 . .0I HSN 149473 447:32—SAO-94 CAP WHEE 1 13.49 13. 49 .00 HSN _1521.13__44733-657!9!%_TRI.M RIN — - - 1. _ 22.49.- ,22.4-9 . 00 j 10 0 ' TAX 8.58 .00 TOTAL LINES 3 PLEASE PAY THIS AMOUNT 131. 10 THANK YOU FOR SHOPPING WALNUT CREEK HONDA—COME BACK! PAGE 001 OF 001 YOUR ORDER WAS FILLED BY BILL D i SPECIAL ORDER OR FACTORY ORDERED ITEMS NOT RETURNABLE.ELECTRICAL PARTS NOT RETURNABLE. RETURNED PARTS MUST BE IN THE UNOPENED AND UNDAMAGED ORIGINAL CONTAINER. �J20%HANDLING CHARGE ON ALL MERCHANDISE RETURNED FOR CREDIT. il hank WE ARE NOT RESPONSIBLE FOR ANY LABOR ON PARTS NOT INSTALLED BY OUR SHOP. B o n You! NO REFUNDS AFTER 30 DAYS. ON LINE COMPUTER INVOICING BY UNIVERSAL COMPUTER SYSTEMS. 11,,i11�gq i M 00 - e-�1" 1_ C' W o� i • "Awc t x -� 'r w � o a 0 � Q 1, Z W Lt Oil z ° O W U1 N N ¢ O F- N +'+ W U cai> w m i tt s x i E.y a O C L O N Z CA u"o' o w O 2 v Q Ci0 y0 q4 bd ON�T f: � O� O Trct'o 3ti Wtv E v t �.. `W�--muu Yr W�Apa �ro W tto "od W WL�d' ww N ,0 0 1.. t7 Y 0— �i`��3 as CD 4vt`o =w CL Z nuiOn0 dw va2U O r Na�'d " \ � . � � . � � K y 2 \ � � � i= AMENDED CLAIM "BOAE9 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 June 13 , 1989 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 toAgvernment Code Amount: $500 . 000. 000+ Section 913 and 915.4. . Please note all "W-a 90°unset CLAIMANT: BRIAN WALSH ':_:'.:_: AIAY 3.01989 C/o Joseph P. McMonigle ATTORNEY: Long & LeVit �a�lnez, CA 94553 101 California St. 23rd floor Date received ADDRESS: Sari Francisco, CA 94111 BY DELIVERY TO CLERK ON May 26 , 1989 CC BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: May 30, 1989 PPHHIL BATCHELOR, Clerk BY: Deputy L. Hall 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: 1� Dated: 53Q BY: 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 g/i1EA� 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: JUN 13 1989 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. JUN UN 1 5 1989 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator I VI 1 RONARDE.MALLF NLD IRVNI K.CRIIN Nt{.SRG LONG & LEVIT PF.RI Y VILI N(:IIIN➢I!P++10 JOSLPII P.M,MONIGLIi CI(RISFOPIMR.ll HORGESON DONALD W CA RISON LINDA S.VOTAW A PARI'NF.RSHIP INCIU DING A PROFESSIONAL UURPORAI[ON I.ILI'U D 1)I:AAS DAVID IX'EVAN$ RLEN R.OLSHN IiUWARD D IIAAN MARSHA L.MORROW RANDALI.A.MILLER OF CONN SEL HARRY U BROWN DAVID IAN DALBY MICIfAEL I_BOLI JULIET A.LEFTWICH 101 CALIFORNIA STREET,SUITE 2300 VICTORIA B.HENLEY MICHAEL A.VASQUE'J. JOHN I'.PEER LINDA IANDRY MILLER SAN FRANCISCO,CALIFORNIA 94111 FAR TELE:%:INAINI AI OFC M'Ll LAWRENCE A.CALLAGHAN WILLIAM S.CASPARI :JIS-J9aGl9! RUSSELL.S.ROECA DANIEL W IIAGER (415)397-2222 GUY D.CALLAUINE NAOMI K.YAMADA ROBERT MAIETERSON JOANNE.M(CRACKEN RK HARD A,MPOS WENDY M.IAZERSON BARBARA S.WOLFF (,,D�.I11JO' J.LYNN GLAZIER CAROL L.SURCountyL FAU V Counsel EDWARD F.DONOHUE,111 REILLY ATKINSON RICHARD E.FLAMMI MARK E.ROOD May 25, 1989 DEBRA I.,MELLINKOFF/ JEFFREY H.OCHRACH 'rl/-'y H (~ �(J�� MARK SIMON KANNETT JUDITA.TURP I I V J ESTHER Z.14IRSH ANN M.KRIOZF.RE _ $O13H. 52O Martinez, 1 DON A.LESSER CHMSOP ERJ.BORD&SAWYER IVa LIFfez, CA 54553 CHRISTOPHER J.BORDERS �- •ARPORATIO NAL ROBERT)RILSON CORPORATION CAROL A.WILSUN - I'ALSOADMITTF.D `%/G •'l{�,/{///�///� ._ IN NEW YORK REC �� � Victor J. Westman, E: Contra Costa County Counsc- P. O. Box 69 oa Martinez, CA 94553 CLER HALF A I put'/ Re: Brian Walsh Claim ev Dear Mr. Westman: This supplements our letter of May 9 , 1989 and responds to your Notice of Insufficiency of Claim dated May 23 , 1989 . Mr. Walsh' s current address is: 33 Tara Road Orinda, California 94563 In addition, although Section 910 is a notice provision not requiring detailed pleading of the claim, we provide herein a copy of a report from Rogers/Pacific describing in more etail the history of soils problems in and around 15 Austin C urt. Ver truly y rs, Edward F. Do hue EFD:naw Enclosure cc: Brian Walsh City of Orinda S0138 . 520\LT002315. 728 c l l ,. ROGERS/ PACIFIC GG ' PROFESSIONAL Svc.l:i 'ir I)riri• ENGINEERING I'Ica.:uu Ildl.C:d Ili lr nia V15!! CONSULTANTS f I S)wt!- 0111 January 18, 1989 L-316R City of Orinda 26 Orinda Way Orinda. California . 94563 Attention: Mr. Robert Warnick City Engineer RE: Potential Slope Instability 15 Austin Court Orinda, California Dear Sir: I recently paid a visit to the Austin Court/Muth Drive area of Orinda with a reporterand photographer from the Contra Costa Times who are preparing an article on landslides in the County. I took them to Austin Court be- cause this is a locale well known for having spawned historic landsliding. During this visit. I noted that a new house has been constructed at 15 Austin Court. (Lot 237 of Subdivision 2472) . As a concerned citizen and registered geotechnical engineer in the State of California, I feel obliged to come forward and present my recollection of the circumstances and site conditions relevant to the recent construc- tion of custom homes at 19 Austin Court (1985) and 15 Austin Court (1988) . In brief, I believe that the County and the City allowed the construction of these homes on parcels known to be subject to recent landsliding. Be- cause 15 Austin Court is currently listed for sale by Msrs. Winburne and Dickson of Wallace-Anderson Realtors. I would entreat them to retain any other registered geotechnical engineer to review the compilation of facts Z present herein, and to make any other pertinent investigations, as he/she sees fit., What follows is my recall of the factors I feel per- tinent to these lots' developmental .histories. In early 1983, at the request of the Contra Costa County Public Works Department (Mr. Jim Causey, Senior Civil Engineer) , I first studied the Austin Court area and the surrounding parcels which were then being im- pacted by landsliding. In 1985-87 I was retained as an expert in litiga- tion involving builders, the private homeowner at 65 Muth Drive, his in- surance carrier, the City of Orinda, and Contra Costa County. In the course of our investigation of landsliding on and around Austin Court, we were joined by several other geotechnical engineering experts knowledgeable of the problems in Orinda. These included: Alan Kropp of 1.1111 11`.I \I ♦`:11,.1,11 11 111!;..INI 1 M 1-:t. I'11V�1 X11-I It 1•:\I{•;NI.I\II\I It AI\t 113'.IIt,11\I`Il•`:.•..\ 4 -. .1•• li \•.::;•I\1:• '\II 4u J 1 •' - ' L-3168. 1/18/89 Page 2 Alan Kropp Associates, Edward Margason of Geotechniques; John Hallenbeck and Geoffrey Van Lienden of Hallenbeck & Associates: and Paul Seidelman of Seidelman & Associates. In summary, I believe that we discovered the following facts pertinent to prior development on and adjacent to 15 Austin Court: 1. An ancient landslide, approximately 300 feet long by 150 feet wide, was originally mapped on Lots 234. 235. 236, and 237 of Subdivision 2472 in 1956. This slide was delineated on a geologic map (copy enclosed) by Dr. Reuben Kachadoorian of the U.S. Geological Survey for the Federal Housing Authority. Dr. Kachadoorian's report is entitled Engineering Geology of the Warford Mesa Subdivision, Orinda, California: U.S. Geological Survey Open-File Report. 1956, 13 P. Local geological con- sultants have copies of this report, as does the Contra Costa County Planning Geologist, Mr. Todd Nelson. 2. In preparation for the original grading for Tract 2472, a soils and foundation report, entitled Preliminary Soils Inves- tigation, Warford Mesa Unit 4, Tract 2472, Orinda, California. was prepared by the Hersey Inspection Bureau of Oakland. and dated August 15, 1959. It provided geotechnical recommenda- tions for the grading of 47 hillside lots. 3. The original grading plan for Tract (Subdivision) 2472 con- sists of two 24" x 36" sheets, prepared in 1957 by Riffe. Shipherd & Jones. . These plans show the original and proposed topography for the development. The plans appear to have been prepared at a scale of 1" = 40' with a contour interval of 5 feet. These plans are on microfiche file at the Contra Costa County Building and Inspection Department. This plan shows a series of cut/fill pads were to be constructed on the . south side of Austin Court to provide level surfaces for the con- struction of single-family residences (Lot Nos. 234. 235, 236. 237. and 238 of Tract 2472) . The County issued Grading Permit G-111 on September 19, 1961, to Gallagher & Burke. General En- gineering Contractors, for the grading of Tract 2472. Eight (8) interim reports and one final grading inspection report were filed with the County, documenting earthwork activities and compaction testing by the original soils consultant, Gribaldo Jacobs and Jones (then owners of Hersey Inspection Bureau and Hersey Testing and Contruls. Inc. ) . Microfiche copies of these reports are on file with the Contra Costa County Building & Inspection Department. According to Table III of the final report, dated August 16, 1962, up to 50 feet of fill was placed over the natural slope on Lot 235. 55 feet of fill on Lot 236, and up to 1+4 feet of fill on the parcel recently built upon. Lot 237. R (1 (; 1: RSi 11A (' 11: 1 L-3168, 1/18/89 Page 3 4. Only one home was soon constructed on the south side of Austin Court. that being the Preston Residence on Lot 235 at the southwestern corner of Muth Drive and Austin Court (N67 Muth Drive, Orinda, California) . This home was likely constructed between 1964 and 1966. 5. It would appear that sometime during the winter of 1966-67 a landslide, approximately 220 feet long and up to 65 feet wide. occurred in and below the new fill placed for Lots 234 and 235• Soils investigations of this slide were made by Gribaldo, Jacob, Jones & Associates on September 22, 1967 and by Woodward-Clyde-Sherrard & Associates. dated December 21, 1967. Copies of these reports are on file with the Contra Costa County Building & Inspection Department. According to maps and cross-sections contained in the Woodward-Clyde report, the tension scarps of this 1967 slide came within 70 feet of the new Preston residence. Three levels of concrete- lined interceptor ditches (constructed in 1962) on the fill slopes were destroyed by this slide. 6. On January 3. 1968, County 'Grading Permit G-1630 was issued to Yeghoian Excavating to repair the 1967 landslide according to the Woodward-Clyde report recommendations. Yeghoian began work immediately, but was forced off the site by January 31st due to heavy winter rains. Repair work resumed in the summer of 1968. The County Grading Inspector made a final site visit on November 18, 1968 and issued a completion letter on Novem- ber 21. 1968 (on file with the County). Only one interceptor ditch was constructed to replace the three original ones which had been destroyed. 7. Two months later, on January 25. 1969, the County Grading In- spection Department was again called out by the Prestons (on the corner of Muth and Austin) , who were reporting that "their patio slab was pulling and dropping away from behind their residence". The County Grading Engineer (Mr. James A. Sear- fus) noted that a series of semicircular, en-echelon tension scarps had recently formed. The uppermost of these appeared to have formed just behind and beneath a corner of the Preston house (Lots 234 and 235) , thence across Lot 236 and down the middle of lower Austin Court. Searfus also noted separate tension scarps across Lots 236 and 237 (15 Austin Court) . Mr. Searfus sketched these apparent slide scarps and noted the in- dicated direction of movement (large black arrow) on a copy of the old Assessor's Parcel Map (copy enclosed) . The Grading Division's correspondence relating to these observations is on file with the County. R0GERS / PA (: ff i (: • r` L-3168, 1/18/89 Page 4 8. In responding to the January 1969 crack damage, Mr. Searfus noted that only the Preston parcel (Lot 235) was occupied (see words "VAC", meaning vacant, .on Lots 234, 236, 237, and 238 of the enclosed parcel map copy) . The County decided to repave Austin Court, and, according to their records, this was ac- complished on February 25, 1969. The next day (February 26, 1969) , County inspectors noted that "the cracks had re- opened". By February 28, 1969, County inspectors noted that there was a "6-8 inch drop in Austin Court", with the land comprising Lots 235 through 238 dropping in the direction of the canyon, to the southwest. 9. On or about June of 1969, it would appear that the Preston house was moved off its foundations to another locale. Austin Court was again• repaved in May, 1969 to patch over the aforementioned tension cracks and scarp separations. To the best of my knowledge, the land slippage which spawned the ground movement and removal of the Preston home was never studied in detail by any geotechnical engineer. nor has it been repaired in an accepted engineered manner. The lots on the downhill side of Austin Court/Muth Drive appear to have lain fallow for the next 8 years (1969-77) . 10. On June 10, 1975, the same County Grading Engineer. Mr. Sear- fus, wrote a letter to the owner of the undeveloped lot at 26 Austin Court (across the street from 15 Austin Court) regard- ing the County's knowledge of "soils or slide problems" near their property (copy of letter enclosed) . This letter notes the landsliding of 1968 and 1969. Mr. Searfus notes that the Pebruary 1969 landslide encroached upon Lots 235. 236. 237. and 238 Austin Court. He also notes that "the slide was not repaired and is still considered active". 11. Sometime later in 1975. a series of landslide maps covering all of Orinda and most of the San Francisco Bay Area were pub- lished as Open-file reports by the U.S. Geological Survey. These maps were prepared on existing topographic quadrangles at a scale of 1 inch equals 2000 feet by Dr. Tor Nilsen. Map OFR 75-277-8 (Briones Valley) clearly shows an ancient landslide, approximately 430 feet long and 130 feet wide, principally occupying the area of Lots 236 and 237 (15 Austin Court) . A copy of a portion of this map is also enclosed. 12. In a report dated September 29, 1975, Hallenbeck-McKay & As- sociates made a preliminary evaluation of Lots 232 through 238 for Jackson Realty of Lafayette. On pages 2 and 6 (copies enclosed) Hallenbeck recognizes the existence of recent R0 G, 1: RS , 11A (' 11: 1c t . L-3168, 1/18/89 Page 5 landsliding on Lots 236 and 237 (15 Austin Court) . On page 7. Hallenbeck concluded that Lots 236 and 237 were "only mar- ginally stable", that "extensive construction. . .regrading, Mould be required to safely develop these lots", and that such "reconstruction may not be economically feasible" (copy of p. 7 enclosed) . This report was filed with the County Building & Inspection Department on April 23, 1976, and remains on-file therein for public review. 13. Hallenbeck-McKay. Inc. subsequently provided detailed geotech- nical recommendations for the development for Lots 232 and 234 on May 9, 1978. These lots, fronting on Muth Drive, were sub- sequently developed by Mr. Steve Black in 1978-79• 14. The lots along the south side of Austin Court remained vacant through the 1970's and early 1980's. The lots on the north side of Austin Court (facing the freeway) were built out be- tween 1963 and 1978 (landslides occurred on several of these parcels in 1963. 1967. and 1969) . 15: In or around February, 1983, residents on the north side of Austin Court once again contacted the County Public Works Department with reports of sudden pavement cracking and utilities breakage. The County closed Austin Court due to ex- tensive drops in the pavement and left a number of blinker barricades up until repairs could be effected. As part of their 1982-83 storm damage assessment. Contra Costa County Public Works retained Pacific Aerial Surveys of Oakland to overfly the Austin Court/Muth Drive damage area on May 20, 1983 (PAS Flight V-CC-C-12-47, photo #23) . A reproducible mylar aerial photo of Austin Court was prepared at a scale of 1" = 40' (copy on file with the undersigned) . 16. The undersigned visited this site in July, 1983 with the above-mentioned photography to map landslide-related damage at the request of Contra Costa County Public Works Department Senior Civil Engineer, Mr. James E. Causey. The undersigned noted a series of en-echelon landslide tension scarps, basi- cally mimicking the areas of cracking noted by Mr. Searfus in 1969 (see items 7 and 8 above) . However; in 1983, the crack- ing had enlarged itself, extending a considerable distance upslope of the 1969 damage. A noticeable tension scarp developed approximately 20 feet north of the intersection of Muth Drive and Austin Court. The southern side of this frac- ture was noted to be approximately 6 inches lower than the op- posing, (north) undisturbed side. Tension scarps opposite Lots 236 and 237 (15 Austin Court) displayed offsets on the R0GFRS / 11A (' IFI (; L-316R. 1/18/89 Page 6 V order of 6 to 24 inches. The southern curb of Austin Court (paved in the summer of 1969) was considerably offset (on the order of 2 to 3 feet) , with 4 zones • of distinct breakage/separation. A copy of the overlay/crack map of the undersigned's 1983 reconnaissance is enclosed. The undersigned prepared a proposal for a detailed subsurface geotechnical investigation of the Austin Court landslide(s) for Contra Costa County on August 17. 1983 (to Maurice E. Mitchell, Assistant 'Public Works Director) , but that work was never authorized. Some asphalt patching of the cracked areas and emplacement of a new A/C curb was apparently accomplished by County Public Works crews in late 1983. 17. While Austin Court was breaking up in the 1982-83 storms, a Mr. and Mrs. Trill. the residents at nearby 65 Muth Drive (Lot 234 , Tract 2472. built out in 1978-79) noticed that the northwestern corner of their home was suddenly experiencing distress. Alan Kropp & Associates was retained by the Trill's insurance carrier to perform a geotechnical study to determine causation of this sudden distress. The Kropp study involved the placement of exploratory borings. slope inclinometers, and geologic mapping. Kropp& Associates concluded that the northwest portion of the Trill Residence was being pulled away (downhill) by the movement of the (now-enlarged) Austin Court landslide, whose headscarp now reached back upslope beyond the Muth Drive/Austin Court intersection. Pavement settlement and curb distress across Muth Drive and projecting toward the above-mentioned tension crack was noted in the Kropp report. Kropp and Associates subsequently made recommendations for un- derpinning and repair of the Trill's foundation, observing the progress and completion of that work (paid for by the Trill's insurance company) in 1985. This remedial work cost around $185.000 to accomplish. 18. In 1985. Lot 238, at the end of the Austin Court cul-de-sac (and next door to 15 Austin Court) , was developed as a custom-built single-family residence. Upon realizing that a structure was being constructed on Lot 238, Paul Seidelman of Seidelman & Associates (a registered geotechnical engineer and engineering geologist) notified the County Building Inspection Department that he felt this Lot was part of a substantial, long-recognized landslide complex. The undersigned is not aware. of any formal response to this notice, nor of how the permit process was promulgated for the 1985 development of Lot 238. r. v c P n L-3168, 1/18/89 Page 7 19. In early 1986, the undersigned and five other geotechnical en- gineers were engaged as expert witnesses to study the Austin Court Landslide in connection with a subrogation action emanating from the Trill's damage being brought about by State Farm Insurance against the City of Orinda, Contra Costa County, and the original developer of Lot 234. As part of this study, the undersigned performed an extensive review of: both public and private records relating to his- toric site development; stereo pair aerial photographs taken in 1928, 1946, 1953. 1957, 1959, 1963. 1968, 1969, 1971, 1978, 1980, 1982, and 1983; and performed a series of computerized limit equilibrium slope stability analyses. This study con- cluded the following: a. The pre-existing landslides. mapped by Kachadoorian in 1956 and Nilsen in 1975, were surcharged by fill for the original development of Tract 2472 in 1961-62. b. This ancient slide mass may be even larger than that originally envisioned by Kachadoorian (he was only mapping from the 1950 USDA air photos) . or Nilsen (mapping from 1946 USGS air photos) . c. The fill overlying the pre-existing slide mapped by Kachadoorian in 1956 (Lots 234 and 235) likely failed along with a portion of the underlying ancient slide during the winter of 1966-67. This slide was repaired with benefit of subdrains in 1968. d. During the winter of 1968-69, virtually the entire fill placed on or adjacent to Austin Court in 1961-62 began to move downslope. The cracks noted by County Grading En- gineer Jim Searfus in February 1969 approximate the loca- tion of the cut/fill "daylight line" , proposed in the original grading plans in 1957. An exception to this oc- curred in the street fronting Lots 237 and 238 where it would appear the 1969 tension cracks extend well into cut areas. e. The en-echelon style of cracking, first noted in 1969, and again in 1983, is suggestive of retrogressive slump blocks extending back up-slope in response to a loss of lateral and subjacent support. It would appear that ancient landslides blanketed the natural slopes below Austin Court :I I I j ROG [: RS / f A (: II: IC 1.: } L-316n. 1/18/89 Page 8 prior to development in 1961-62. Extra-normal rainfall and the large quantities of fill (44 to 55 vertical feet of fill on Lots 235. 236, and 237) served to surcharge and reactivate the ancient landslides, thereby undermining the foundation of the fill. f. By March of 1983. Orinda had received over 70 inches of rainfall in the previous 20 months, a record amount of cumulative rainfall (for a 20-month period) since rainfall began to be recorded in San Francisco in 1849. g. The 1981-82-83 rainfall served to elevate local groundwater levels and reactivate the 1968/69 Austin Court landslides. However, in this case, the landslippage en- larged itself considerably, slipping even more on Lots 235 through 238. and extending across portions of Austin Court and Muth Drive, closing Austin Court to traffic and neces- sitating an 'emergency patch to Muth Drive so traffic could cross the landslides' new headscarp. h. As of the time of the undersigned's study (1986-87) , the Austin Court Landslide complex comprised an area ap- proximately 400 feet wide and 520 feet long, yielding ex- posed surface area of around 5 acres. 20. Sometime in the fall of 1986, the City of Orinda and/or the Central Contra Costa Sanitary District undertook cursory repair of Austin Court and it was once again repaved with asphalt-concrete (A/C) and given an A/C curb, approximately 9" high on the south side of the Court, adjacent to Lots 235 through 238. The headscarp separation across Muth Drive was again patched to placate the noticeable bump (this was the second patching since the ledge first formed in February 1983) . 21. During the undersigned's visit of Friday December 9, 1988, it appeared that the crack across Muth Drive has dropped another 2" to 3" and the asphalt curb adjacent to 15 Muth Drive (Lot 236) is slowly being offset by a circular-shaped, tensile separation; mimicking the position of one of the scarps mapped in 1969 and 1983. It would appear that the recent movements are associated with consolidation of the landslide land mass (due to drought conditions) and that such movement is ongoing. This landsliding appears to be occurring as a series of retrogressive, semi-rotational head scarps above a translatory main block, whose depth likely approaches . 35 feet (based on published length to depth ratios for Contra Costa landslides) . ROGERS / PAC: IFIC L-316R. 1/18/89 Page 9 It is my professional opinion and conclusion that it is simply incom- prehensible that a house (15 Austin Court) could be constructed in 1988 on such a large and notorious active landslide complex; given a site history which is so well documented in public files, seen in historic air photographs, and well known to local area practitioners. I would seriously challenge the veracity of any licensed consultant who made recommendations for building on this site without substantive remedial earthwork and proper documentation of such activities. It .does not appear to me that extensive earthwork has been -accomplished in the lot development. It is the undersigned's opinion that professional colleagues would generally concur with the assertions made herein. Our files are open for second-party peer professional review by a licensed geotechnical engineer or certified engineering geologist in the State of California. Very truly yours. ROGERS/PACIFIC. INC. David Rogers. Ph.D. ; G.E. Principal-in-Charge R.C.E. 37114 G.E. 2040 JDR/mlk D46, L-3168 Copies: Addressee (1) Ms. Bobbie Landers (1) Mayor, City of Orinda Mr. Wayne Rasmussen (1) Director of Planning, City of Orinda Ms. Carolyn Mills (1) Orinda Planning Commission Mr. Todd Nelson. C.E.G. (1) Contra Costa County Planning Geologist .,Mr. B. Edward Margason, G.E. . C.E.Q., (1) Geotechniques, Inc. ,Mr. John J. Hallenbeck, Jr. , G.E. (1) Hallenbeck & Associates Mr. Geoffrey Van Lienden. G.E. (1) Hallenbeck & Associates ,Mr. Paul J. Seidelman, G.E. , C.E.G. (1) Seidelman & Associates ,-Mr. Alan L. Kropp, G.E. (1) Alan Kropp & Associates R 0 G E R S III A (7 1 1- 1 L-3168, 1/18/89 Page 10 Mr. Timothy J. Ryan, Esq. (1) Counsel to Contra Costa County Gordon, DeFraga, Watrous & Pezzaglia, Inc. Mr. James Bruggers (1) Reporter, Contra Costa Times Ms. Patricia McNamee, P.E. (1) Assistant Public Works Director, Maintenance Mr. Scott Winburne/Ken Dickson (1) Wallace-Anderson Realtors vDr. Lawrence B. Karp, G.E. (1) Consulting Geotechnical Engineer ROGFRti PA (. If: I (' tY � •I. bL♦i N +• �'! i ' 11 1, 10 •11 '.+"," _ •�_=y�-d.JG::.�:'= .... f�t!~ 04 ..� \• //F,",�%.:�y'�'''' mow„-' '! + 7T% it i1 • 7 + 4 l i'• cr "•,.. '� '�"ij% ,.1 ., '.}_...'• ;., : ,S E ''•292 '�s •"-- '/ 1292 NIDD. '� � J•. Jie Ii. nc u• Ih Y, G 10 19 ` X472 "' .1 ' a•Y tlt ne. , .• f '. I • +'. ., •Jai i i , I _ , • 083 . a 1, L >. u • RA _ •+ i n•• ,n..eJ �ci SITE E Y SO ISO J• 1, it 4 .i � i I• f• ale 1• 1 '-1 II tl VICINITY MAP Austin Court landslide Orinda. California ROG ERS / PACIFIC PROJECT No. DATE i'ROFE.SSIC)NA1, ENGINEERING 00N:iULTANTS 1-3i6R z-inn fan 1989 FtQuts Y. • ` / cY/ �. G Q.0 G A A4. %, I V , / 1 aly 4 % 1 . ••. ON a A Ia O M W I i+t Mc A ;.1 Austin Court Landslide Orinda, California ' !� Aerial Immagery P.A.S. Y-CC-C12-47 May 20. 1983 as mapped in July 1983 j` t e ' ;l ;j RECONNAISSANCE ASAP OF LANDSLIDE FEATURES Austin Court Landslide 7 Orinda , California ROG ERS / PACIFIC PROJECT NO. DATE 2 t PROFESSIONAL ENGINEERING CONSULTANTSFleur• `� L-316R x-14 t4 Aug. 083/Jan. II4 f r" -r L S3 + •q �;-1/771. ( {' 1� - - ! V. \ - 4- N .r •,r'-'� 4•, ` ; ..-. .-::' �' � •F' _� h - DC7 T (31 >1f-`7•t-:, 1 ♦ ♦•/,/ � �,.� ::C'.- 1,:' !tS .,.:.1f a'�. :� N `O = N C �+';. .I .:,.`i I :- ti f Gr.�,,, _ t l !l�' � �- 1- t•. fL, ! •• -CS- "T ,/-" .�.' . , :+tea{. -r- ir •' 9J 1'• ,j}��'}('f(�}%-� tD a L� � 5 o CL ra cc) OL CD to Lr) OL C to Qr N VA L �1� ,1�.�� t •. 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Yom,,. { i rvp-!. <• mfr _•--=. dpi :a,, .. �-"•. ` •/ F. 1' :' •• 2 i ' �i� is x r •• �i ?- wow• � •:` l/ • •: t ♦ ,;,,(.• b'• .. 053 •'.� r.• �;w zdr •• • '� ••• •rte' tdz ••y.4- •� • 6Dk - 231, ti(li aJ' w --r•" zJ• , `!! .r ,r /•rte �w c �., •. • • !i•. cl From Contra Costa County Building Inspection Dept. files - Grading Division Inspections on Austin • . � '. Court. Orinda, CA, Feb.-Mar. 1969. :� +'. :, . . i ,(: '.s;l::i'.is ��' : �'.�r':: :•..:.f'L' , • , .:•1•.�,�;,�•:.•. .'..• :,j�\.' . . .... ,moi`.. �yy JiTc 10j ?975. .1♦ '• a :! •,♦ a '.• •' .s♦'. . .. � , �.4 •"i %{• '+`{•+,��'�,` J Undine. ArtleLL ' •�•' + • •' •,.. .1�t :J• 3�56 Slarra4Orixa 110nolulu j Alauai"i: 1 26-A3isttil S. • 3tau lyz5 Property ,at f�0urt`• ; :. Aoi` 'Your letter 5j Oziridcj"Ce• z'.• UOarItra. 'Arnottj •;' '` '•: .: -, +,; -,, ;•os' '0f ur 2fovs 'the following ro'cords raeatditl .0iSa'o? A chdcl o •Sil9s ? allda'1 vta•bf"? neez•atti0 above,pf0},nrtyt ' ..'• :` : ''; '{. `LL •Auatls% — Tract 2?.?2J iswvo». •'• ,{ 's'rx '~?J CL. ,I0C 21.4 Qitfod'-ellti.al 6011. '�•'' ' ... ."r ' 4touao sevordly.dam6god by {: ';.•_ :17 ,` do-visible land g. Itauau . . ' ,/• a .+ 'Y'mant-'' d alidin .aubso'+ •• :• :,.1 ;::..•;}��' •;:, • .. ' qucgtly.,movod off o! property. • :.'• • ; , .:r: . : U. '. . • •J . Qrtyd: !Ldt 235 .• Tract '2ifi2. ' .:;. .\ '•. _ c. `'?.. ' . • •. ♦. 2-24-69.'.;AJ6T Nuth.. .. t.afti{�tin$,e:':::'♦':•' • 'i. _` ,'TnvastiY3�for►.of Ur'So. 3nda.bibl. .. yota 235 236' 237 an {�ondSY 23fij 'Ju¢tiil r?; .;s• , apttllX9a21t,Qt:.}MV }t'�+ I�A�'0 a.Oul>' .'' i.• y,•• !;,vW r.,`L. 6160 daat6ged d mo eh aM.4f ProPnrtY�.: T P noqulxitly V 6LJJ ircp&;X*d and :canaidorod�?.v{ ....,• : ?.4!`;j:':' ';.. ,j :..}S, '.,r: ' ' caffjechtat0no=itahc:e;of the Our .gbovo: -;CO 9; 1 had'Imy.diracL'F33Y?ieal : •''h y • ..' -: � ..»•: .,a, ..?`•, ±• ..' '`{;,. '�t'','•.•'!,"ice •'�:��.♦' ,�.a^' j� "`...,,, ",•, .. Ur luotiana.' .. .•. ,•t;' .., •., ..i' r '.. `.` +�,:f`i,p ' th1 .onauars, e00e•oi'YQ ' • •`•` r+♦ • ..w..•. . !. . :'•,•,:�-•:.�•'J•..::. a •' ,i%'••� • • V^Rte.JI trl11.T �1LY'a1+' `f .1- ".`': Y •1}....Y. „w't�^Y.i•...ti':�7�t„`if'♦ , ` • ♦. Ft. Y.(IrYCib�afa�r,.+y.IIUILI71I10 7]iSY�CT+Qit ^- ',;...'•:•"-: J;'°:;:;;• , . c:,..;n•,;,; • •'t ' • '+ • AV j,Y\V WV+ti J• •'. �i.;�r ..,i.i.. '/i;�♦�r�• •♦e, J.•� 4.::1 e a � • •tit "' .. \ :, rt.+ •.' 4.• Jer•.�l��iv` 4��1+•-• 'i 'Grading Pn {,•• ca 1:.. v:•.Sf:r.•. bflr• ^�., •J. ...,y,,;t. 'r. C ^`.Y;{.'. t�»�.'s.L.`I+..l+ry .,. . .,...;/ a from Contra Costa Count Y •� •;'` ," "1. '•' ': 'r Building Inspection Dept .: :/,•,.. •.. . r'.�,y' files. ,.�'. .�,- :r'y' �t'' :+•..'• '•J/',r.: s:„ •„1 .'-1•.h:'r �• Jit 1Af'1'�'•'y,1:;:'. �;I,Y.r,. tif. _ :. :,, r»i r + ♦:; ��•_+�a rlf.i.,.:..'r w. . �, •'`s`;. t' �]• .v[. c,.''r A .{: j:r- +ra.,.r+"•!•••.T1gi'J f"1','1:"'�^", . ''•�' .',! .�:r(' '�'•F •.•� �.•....'•:�•....., •I::.a.' .J•.• .. '�• '.�w.•h:•:r�'•�"Y'•rl•M !.�`�' :.e p. .,4y�." ralleribeck-McKay & AssociatesJohn11a1ienbecw ulting Geotechnical Engineers Alan McKay Parw A•enue,CmNyville,Ca6(omia 94600 Ed.ard Timmons 415/655.4152 Kiyoshi Tanamachi Gco((rey Van Uenoen a urti:Jensen September 8 , 1975 Job No. 1114-7507 Revised : September 29, 1975 Mr. Bob Jackson and Mr. Harvey Davidson c/o Jackson Realty 3717 lit. Diablo Boulevard Lafayette , California 94549 . Gentlemen : In accordance with your request , we have made a study of the feasibility of building on Lots 232, 233, 234 , 346 , 347 , 238 , 263 , 264 , 265 , 2664 267 , and 270 in Tract 2472 on Bluth Drive and Austin Court in Orinda. Our conclusions are presented in the attached report , along with the results of the field and laboratory work which formed part of the basis of our opinions. We will be happy to discuss this report with you in more detail after you have had the chance to study it . The senior project engineer with our firm who assisted me in this work was Curtis N. Jensen. Very truly yours, HALLENBECK-McKAY 8: ASSOCIATES ✓John J., Hallenbeck, Jr. From Contra Costa County Building Inspection Dept. files. 1465 Pars, A.en„a Lmery.i0e Cal,lGrnia 94606/1765 Secn Ba..le.ad,Sam, C11r,.CaGfem;,O-050 inspections of the site and adjacent area by our engineers and geolo- i K gists . A limited amount of subsurface exploration and laboratory testing was also undertaken . HISTORY Subdivision 2472 and the adjacent subdivisions have , during the past years , experienced a considerable number of soil and geologic related problems involving landsliding and soil subsidence. Most of the lots in the area have been developed and are now supporting homes . Many of these individual lot developments have been successful , while others have had problems . However , the subject lots have remained vacant through the years. It is now planned to improve those of the subject lots that appear to have no serious soil or geologic hazards , and those where the hazards can be easily resolved. It is anticipated that lots with serious problems will remain undeveloped , at least at this time . INVESTIGATION P-ND LABORATORY TESTING The first step in the investigation was to conduct a study of the available geologic literature , both published and unpublished , regard- ing the subject area , as well as the. data in the Contra Costa County files relating to problems that have been experienced. Our firm has been involved in the investigation and the repairs of some of the problems and we have personal knowledge of the area. Subsequently , a detailed geologic reconnaissance in the vicinity of the lots was undertaken by our geologists. The purpose of their work was to evaluate the bedrock conditions in the area , including the type of rocks and the approximate strike and dip of the bedrocks . Prirary From Contra Costa County Building Inspection Dopt . lrs. gree of compaction was not determined during this study. It also appeared from our test boring that the native surface soils below the fill had been stripped away prior to placing the fill . Free groundwater was encountered at this hole at a depth of 41 feet several days after drilling; this was well below the fill/bedrock interface. A thorough inspection of the fill slope below these lots and of the concrete-lined drainage ditches that occur at approximately 20 to 25 foot intervals indicate that the slope has performed well since the fill was placed , and there is no evidence of movement . The lots have been used as a dump area and there are several feet of loose fill on the surface of the lots. Lots 236 and 237 - These lots are situated on the side of an east-west trending subridge and were constructed by placing fill on the natural downslope. This fill was allegedly engineered fill and is reportedly 45 to 55 feet deep , at a maximum. Several years ago , a slide occurred in this fill . No specific repairs were ever undertaken . Lot 238 - This lot is situated on the end of an the east-west trending ridge . The front portion of the lot is in cut where the top of the ridge was excavated to form a level pad , and the downslope behind the lot is in the natural soil . The fill on the adjacent lot that failed was placed in the curvature on the ridge and does not appear to extend more than a few feet , if at all , into Lot 238. Therefore , the slide , while it produced some cracks in front of Lot 238 , does not appear to have encroached into this property . The soil conditions encountered in Borings 1 and 2 , which were made on this lot , consisted of dense na- tural silt--tones and sandstones with some claystone scams . From Contra Costa County Building Inspection Orpt . files. Etallent:ec .-I 1cCcy L %eco_ .�'.c _ O 7 i LusIONS in our opinion , all of the lots studied , except for Lots 23G and 213' , would be ,feasible to develop on the basis of the soil conditions and cost considerations. In some cases , additional exploration is recommended and, in all cases , site improvement plans should be reviewed so that specific recommendations for foundations , retaining walls , and any other grading or site preparation that is- required can be made . In our opinion , Lots 236 and 237 are only marginally s.table and should not be developed until much more detailed exploration is undertaken . Even after the exploration is completed , it is anticipated that ex- tensive construction , either in the form of retaining structures or regrading, would be required in order to safely develop these lots . This reconstruction may not be economically feasible . Specific com- ments are given below. Lots 263 Through 267 - In our opinion , these lots can be developed with a minimum of additional engineering services and without signifi- cant extra costs. Houses on these lots can probably be supported on standard pier and grade beam foundations , and no unusual preparation would be required beneath slab-on-grade floors. If retaining walls are re.quired , 'standard retaining wall designs could also be used. Standard design criteria for the structures are given in the following section , "Standard Design Criteria" . :d A considerable amount of seepage was encountered at the toe of the cut slope along all of these lots . It is anticipated that subdraina,;: i From Contra Costa County llutldtnq In.pi•ction Dom . ti lrr;. CLAIM L _�r 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 June 13 , 1989 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: $500 ; 000. 00+ Section 913 and 915.4. Please note all "Warnings". CLAIMANT:BRIAN WALSH count c/o Joseph P . McMonagle Y c�4ns ATTORNEY:Long & Levit M4Y 2Z 101 California St . 23rd Floor Date received Marti 1989 ADDRESS: San Francisco, CA 94111 BY DELIVERY TO CLERK ON May 10, 198pe2, CQ BY MAIL POSTMARKED: no envelope 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PpHHIL BATCHELOR, Clerk we, DATED: May 22 , 1989 BY: Deputy L. Hall 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: 5 7Z eputy 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: 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: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator NOTICE OF INSUFFICIENCY AND/OR NON-ACCEPTANCE OF CLAIM TO: Brian W h c/o Joseph McMonigle Long & Levit 101 California . , 23rd Floor San Francisco, CA 111 Re: Claim 'of BRIAN WALSH Please Take Notice As Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code section 910 and 910 . 2, or is otherwise insufficient for the reasons checked below: x 1 . The claim fails to state the name and post office address of the claimant. _2 . The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. x 3 . The claim fails to state the circumstances of the occurrence or transaction which gave rise to the claim asserted. _4 . The claim fails to state the name(s ) of the public employee(s) causing the injury, damage, or loss, if known. 5 . The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000 ) . If the claim totals less than ten thousand dollars ($10,000) , the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ( $10,000 ) , the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. _6 . The claim is not signed by the claimant or by some person on his behalf . 7 . Other: VICTOR J. WESTMAN, County Counsel By: I Deputy Coun Co s 1 CERTIFICATE OF SERVICE BY MAIL C.C.P. 99 1012 , 1013a, 2015 .5 : Evid. C. S§ 641 , 6641 My business address is the County Counsel's Office of Contra Costa County, Co. Admin. Bldg. , P.O. Box 69 , Martinez, California, 94553, and I am a citizen of the United States, over 18 years of age, employed in Contra Costa County, and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non Acceptance of Claim by placing it in an envelope(s ) addressed as shown above (which is/are place(s ) having delivery service by U.S. Mail) , which envelope(s ) was then sealed and postage fully prepaid thereon, and thereafter was, on this day deposited in the U.S. Mail at Martinez/Concord, Contra Costa County, California. I certify under penalty of perjury that the foregoing is true and correct. Dated: - � �� at Martinez, California. cc: Clerk of the Board of Supervisors riginal) Risk Management (NOTICE OF INSUFFICIENCY OF CLAIM: GOV.C.§§ 910, 910 . 2, 920 . 4, 910. 8) JOHN B.HOOK ` MARY A.COOPER BERT W.LEVIT 11903.19801 RONALD . LEN-HOWARDMAGARFELD JEFFREY DNE �LIVINGSTONt LONG &LEVIT EERGPERCYV LONG(1870-1953) JOSEPH P.McMONIGLE CHRISTOPHER T BORGESON DONALD W.CARISON LINDA S.VOTAW A PARTNERSHIP INCLUDING A PROFESSIONAL CORPORATION DAVID W EVANS GLEN R.OLSON LLOYD D D.HAAS EL MARSHA L.MORROW RANDALL A.MILLER EDWARD BARRY D BROWN DAVID IAN DALBY OF COUNSEL MICHAEL L.BOLI JULIET A.LEFTWICH 101 CALIFORNIA STREET,SUITE 2300 VICTORIA B.HENLEY MICHAEL A.VASQUEZ JOHN E.PEER LINDALANDRY MILLER 7- M OFC SFO LAWRENCE A.CALLAGHAN WILLIAM S,CASPARI SAN FRANCISCO,CALIFORNIA 94111 FAX:41539639 , RUSSELLS.ROECA DANIEL W HAGER (415)3972222 GUY D.CALLADINE NAOMI K.YAMADA ROBERT M.PETERSON JOANNE WCRACKEN RICHARD A.SIPOS WENDY M.LAZERSON BARBARA S.WOLPF J.LYNN GLAZIER CAROL L.SURRAU EDWARD P.DONOHUE,III REILLY ATKINSON RICHARD E.FLAMMt MARK E.HOOD May 9, . 19 8 9 DEBRA L. N NET JEFFREY H.OCHRACH Aa ' MARK SIMON ON KANNETC JUDITH A.TURY � j,/!'j �]�� N ESTHER Z.HIRSH ANN M.KRIOZF.RE S0138. 520 DON A.LESSER CHRISTOPHER HA.ESAWYERq E EI �pED CHRISTOPHER).BORDERS � RBS'�y� LglO.d , Y6,VJ.1lgS�J`. •A PROFESSIONAL ROBERTJ.ROMERO CORPORATION CAROL A.WILSON }ALSO ADMITTED IN NEW YORK MAY 101989 PHIL BATCHELOR C'EEK BOARD OF SUPERVISORS VIA FEDERAL EXPRESS B co Co. Y De u The City of Orinda 26 Orinda Way Orinda, CA 94563 Contra Costa County Clerk, Board of Supervisors County Administration Building First Floor 651 Pine Street Martinez, CA 94553 Re: Notice of Claim - Government Code Section 910 This firm represents Brian Walsh, the builder and owner of 15 Austin Court, Orinda, California. Pursuant to Government Code Section 910, please take notice that Mr. Walsh has suffered and continues to suffer substantial damage to his real and personal property based on landsliding, subsidence and downhill soil creep on and adjacent to his property at 15 Austin Court in an amount in excess of $500, 000. Based on our investigation to date, it appears that unknown public employees of Orinda and/or Contra Costa County were responsible for a negligent public inspection of the site before various grading and construction permits were issued through 1988 . Based on the enclosed newspaper article, we believe that J. David Rogers of Rogers Pacific, Inc. has at some point reported to the City and County on this matter. We also believe that the public improvements in the adjacent subdivision constituted a dangerous condition of public property within the meaning of Government Code Section 835 et seq. and that public improvements such as streets, sidewalks, sewers, drainage systems and other facilities designed, planned, constructed, accepted, owned and/or maintained by the The City of Orinda Contra Costa County May 9, 1989 Page 2 . City and/or County collected, diverted and discharged excess amounts of groundwater onto Mr. Walsh's property. Pursuant to Government Code Sections 815 through 815.4 , 820 through 820.2 , 825, 830. 6 and 835 through 385.4 , principles of inverse condemnation and principles of nuisance, Mr. Walsh seeks reimbursement for all damages suffered as a result of the foregoing tortious conduct of the City and County in an amount in excess of $500, 000. Mr. Walsh desires notice of any response to this claim to be sent to Joseph P. McMonigle, Long & Levit, 101 California Street, 23rd Floor, San Francisco, California 94111. Very truly y u s, Edward F. on hue EFD:naw Enclosure cc: Mr. Brian Walsh S0138 . 520\LT001315. 728 Vol. 78 No. 272 Monday, February 27, 1989 Sening Central Contra Costa County In Contra Costa' ,_ it's home buyer beware` S 15 Austin Coun In Onnda was bultt last year In ono, ; •+ r+' .- , .,' * *+ 0.;R li N rQ;A, of Contra Costa County'§best known,landslide areas the :r: K.. _;;,a.•+, L Warford Mesa subdivision developed to the 1950's A landslide a area here was the first of 70 000 IdentAled,by the United States +t '+k".-r. r1.. =^ '' 4r yv _` g•' `Geobglc,Sorvay since,1956 In tha'winter of 1966;67•ralrt4 tt °< <?' , ,} S' ��_ a it ti storms triggered a landspde 220 feet long and 65 feet wide �,}�,+ a i ' _ e r h+ _ beiow Austin Coun,Related earth.movement in the next two �+ �" "'z ,' • years forced the owno of a home at,ihe comer o1 Austin Court'- •fit 5"' }J • Fx .and Muth Orale to remove the it 64 A yacanxtot remains 'tti ,+!' I •-i do In 1963 the county asked geotechntcat engineer Dave`\{' ,; 1 L ig To : - Rogers td rsvlew Aushn Court s ongoing problem'Rogers .- alt reported that the landslide area had grown to about 1rve acres: (, t `. He found the slide's new top,or main.scarp crossing Mufh Ariveaa; 'p int }, r� Vit.:. cel about 20 feet north of ttsintersectton with Austin Court —Vacarn lot where v = ra t , , home was removed 9n alt `\ :�1%9 after larn1811de two 4 e 9fN.�'{. sai earlier p'{. �`.` '••.is tq".� Wi 15 Austin Court; a ClSekiflg t e �{ 111 to ! iS '=i " i.tL" � constructedln j*"t t r Igo, alj''�.3Y'W�j r� A >:wR.!„✓.M J ! { `j' LaiY k1�1 Fy is a3y�x< Ks L..•Y s,'.JF..-.^yyir, � , `' e -C i1M.ffN•t!'� r, '�s ¢' - ✓✓{{'�v e {a x >ty,y}AL {, y rn.r ✓ i 2N')•,i(. S 4y x Rs y. Y INA", a'in�q Ys it W�'[Y t +i 4,s .r Zri—yyS. 4 f 1 A T a $ •{ Q17yry- �(JHOhIe All r 1 1 Ibullton44 , ,�':c ,� , 3t t.. eft ,F•tif +S.,eraly�'e�se�"1(n' r� • � � "�'n 1 � . tent of 811 so pproxlmete y. t*v = , . +1 { k ,�, Of edlVe slide ae 1ltr'i�t `uS ' •..f4< Si r.f }• "r1'" t -}l•d" a , {su\ _ '+ l v�a�R -. ..'_• � t '' i t , .. � 1: (``77 lt.�t t_y�� �J, r(7w''p' k,t\ s,. 4r S a -� Landslide - Landslide k' « 1'`t"i F'fkr7l�' +'gt `• {fVAidlile.t�; I.c. or 7�` l 1�¢i i • P� _ ,f!_\ 4n int ,a!`1r Mk•5 S 1. '�.ah R.w• '- ' Foliage and nehjhbonng homes not mapped In „, map ! t„yxY rJ r ;" L o*x'' ti { d t Tr ! ShOWn In MfeleSt Of rJadf _! , 1975. , \, + tin 1956 + t: l't: 'Y } t I { Y, kJ.. ;1 bE �:.: \ :: Y � . :: i t t r =x "� , ' .. = it 14,y£`1 r a�..ce ,tat t [lr�r+/c'lt� , y hi Soaree:Rogers Padlk Engineering Cmulzants TtrnesMUenael Sw Iah J '�' tj Cty'��ri '�N'yJ'}�. triwsl a >ki� ,.• th Soil and engineering- reports. g g w 4i4� F q a,lsf iy4LrlF, t1hy w' 1.� `lit* T, don't guarantee a safe hone ' ' r s- �" x � ? �x 4 .J- to , r Time Em Rankw.e tl Second of two parts - protect the public;' said Pleasant GEOTECHNICAL ENGINEER David Rogers says this bump in B James Bru era ' Muth Drive represents the top of a 5-acre landslide that threatens a d, By 99 ,,. ®BUylrtg 8 hillside' Hili geotechnical engineer David Sian wrnar Rogers. "They are there to restrict new house built at 15 Austin Court. . ,. sl home. Let the experts „ c. In landslide-prone Contra Costa, competition from younger engi- �. P het 7 . ,_ ;.�•:;; �;: neers say the house sits on a 5-acre bume and Ken Dickson of Wallace- a it's still abuyer-beware housing p' ', •�:t..„.. neem.l. landslide.The question whether it Anderson Realtors listed the house m market, despite engineering ad- """- �' sA ', Most engineers are reluctant to y P 8 g '�--,.-, t- : should have been built. for $585,000. The price dropped s vanes and laws designed to reduce ` file complaints or testify against •11'11 bet a year's wages that that $60,000 after Rogers wrote his let- m risk. their peers, said Darlene Atkinson house goes m a landslide) some- ter. According to state law, Win- ' Cities and the county routinely ty in landslide lawsuits. "It is not Stroup,the executive officer of the g ( K at approve new houses without any re- their(county staffs)position to sec- state agency which registers engi- time in my life;' said Rogers, a bume and Dickson must show the cl view of the soils and engineering re- and-guess the report of the engineer neers.She said the state will aggres- Ph.D. and frequent consultant to letter to potential buyers. n, ports used to justify construction. hired by the developer." I sively investigate charges of mal- East Bay governments. "It's not fair,"said Walsh."I did sr Some Contra Costa cities will,on practice that are brought to her Rogers outlined his concerns in a everything everybody told me to do. n Contra Costa County, for exam- occasion, hire independent consul- attention.But she adds,"We're not Jan. 18 letter with 10 pages of sup- I wasn't trying to hide anything." fr ple, will not stop someone from: tants to review certain soils reports, . t porting documentation. He sent Walsh said he's worried the home vi building as long as one engineer but that's an exception rather than a psychics." - !' copies to the city of Orinda,Contra won't sell. �, it says the construction is OK, said rule,according to local officials and 15 Austin Court Costa County, Welsh's real estate b• Todd Nelson,the county's planning A landslide history "' engineers. Hada law required the use at.15 agents and other engineers. Rogers'review of various public t geologist. "That engineer has put The system might work if soils a soils report for a new house at 15 "It is my professional opinion a his license on the line,"he said. simply p records revealed that: _ and foundation engineers who Austin Court in Orinda,speculation that it is sim I incomprehensible o The county has neither enough make mistakes actually faced a builder Brian Walsh might not be that a house(15 Austin Court)could •The United Slates Geological P, staff members nor the expertise to threat of losing their licenses. Few worried about bankruptcy. Walsh be constructed in 1988 on such a staff identified and mapped a/ determine whether soils reports are have ever had their licenses revoked built the four-bedroom house last large and notoriously active land. slide immediately southeast of.15 correct, said attorney Tim Ryan, for geotechnical mistakes. year using a$330,000 bank loan. slide complex."wrote Rogers. Austin Court in 1956. who frequently represents the coun. "Those licenses are not there to Rogers and other East Bay engi- In November,agents Scott Win- Please see HOUSING,P,• ..li.r�' `wr,.,, 4�...>r2..^_•`'...""". I ,pl'._.at•c ;,,,,..�.r_.y-r ..�. .I �.{ ,,: r .1l�}J' - S �• va.-+s•..u`:L.a•,.7-• .,r(l:.'•.y. .,erdJ•'1�.4A`�+C,A.`�:ii4.CnbT1W%iAs,3�'.�.Jt..7 a37ting•ior"references-Then cal the have a specialty in soils and founda= nest for information in writin to —4 a�' 'w•'-' 4' q g The arca where displaced Board of Registration for'Profes. tion design will have an optional Darlene Atkinson Stroup,executive material lies above the :;.a sional Engineers and Professional geotechnical credential officer for the Board of Registration, original ground surface _ land Surveyors at 1-916-920-7466 •If you want to find out whether 1428 Howe Ave., Suite 56, Sacra- Y, t .t: }t`' to find out if a particular engineer an engineer has ever been disci- mento,95825-3298 :•' '?6rras ,�.we ry ia?�-,:fit Ni 4 7;_ '.^W � 9,:; I :HOUSING: I is` home -bu Yer beware •From Page 1A r December, Rogers said a 7-inch- ,house,said he did so with unstable applicable planning, building and •In 1967, a landslide 220 feet r wide crack in Muth Drive about 20 'soils in mind. Ther,house has a soil-grading codes. ' ` long and 65 feet wide, located "'feet north of Austin Court repre- strong foundation,he said. It passed the scrutiny of the " 'ti `'southeast of 15 Austin Court,gave sents the top of what has grown to Rogers disagrees: "I am not •Orinda Planning Department,which L way,threatening a house two lots to., be a 5-acre landslide."It's moving, aware of any foundation in.the reviewed such matters as the dis- 5 the east.Within two years,addition. even in the drought,"said Rogers. i world that will hold back a 5-acre lances the house was set back from al slide activity forced the,house's Rogers envisions a likely scenar- landslide."- %.:: � the edges of its lot and the build- .,removal. - . "+` io:After a slide,the house's owner Other East Bay engineers say ing's height,said Planning Director •County road crews repaved Would fail to get an insurance claim,. Rogers is on the mark. . 1 " Wayne Rassmussen. -- ; • landslide-damaged Austin Court on 'in he would sue the builder and the "That whole area is really unsta- 'The city made sure Walsh had e soils re Feb.25, 1969.A day later,a county government agencies that approved ble,"said Orinda geotechnical engi- ' ilrt,then sent it to the conn- inspector noted that cracks in the construction. neer Lawrence B:Karp."Here they report, road had reopened.Three days lat- `- " t •`"�' aze building on it with no significant ty's Building Inspections Depart- House defended , ;h• ment,which issues building permits er,the road's surface had dropped 6 - + changes.,'. r !•` S to a Lnehes.'' Walsh's consultants disagree Berkeley geotechnical engineer for Or nda. "We do not have any *Another landslide encompass- • with Rogers'assessment."A person Alan Kroppcalls Rogers'assertions 'geotechnical engineers on our -ing 15 Austin Court was identified goes and buys the lot and invests all ^understtd." g •"''staff," 'said Rassmussen.' "We are the money,then they say you can-'- - "' 'not so0'saentists." and mapped in 1975.,:'.' - �., Moraga.geotechnical.engineer not build., asks engineer T.J. P4 Orinda City Engineer Robert ` .•Winter rains in 1983 caused Edward Margason wrote in a Jan. • lecki of Berkeley,who did the soils �5 Warnick,who was hired in 1988 as 'Austin Court to break apart once repori'on on 15 Austin Court. 21 letter to Orinda officials that the S.fhe city's first staff engineer,said he more. The coanty,closed the court "There is is always a possibility to� 'l5 Austin Court house may cast se.-',.;knew nothing about Austin Court's until it could be fixed. - 'L build—no matter what." nous doubts on the regulatory capa- landslide history until he saw Rog- "a In 1986 the court was paved ., bility of the city:' ers'letter •s r again 1 R. +" ++:1(;`�San Anselmo architect Tony Gar '.,',City and county officials say the , .Warrick said city officials'are re- 1 : During a visit,to Austm.Court m'}nam Wright, who designed the .house met'all the requirements of ;hewing the letter and the Austin Court matter to see whether the city ';a. •' " ' "" should make any policy changes -t f� y',Iy�F it.,,,)ty SY(x Lir ��"N_ ,.t. a ,t.'a i. h0 s • • ' t ' - "We certainly want to find out if Legislator introduces „measure feesho,"saidWamic .mj,ngdtf- y , ferently;'said Warrick. -,.}. . - Rogers said the 15 Austin Court r for .protecting Niles Canyon I4 A example illustrates that construction r� !mistakes of the past are being re- J ! t peated today."It's the same old bo- ' •' ' ,','^:y'—t - - ' ' '"• bo- logna that was going on in the The potential threat to the beauty': its constituents: _; - + - lems with toxic spols m the creek so` gn g 8 . of Niles Canyon and to the cleanli- The district, which serves Fre _far.. :,-1950s."t. - '.ness of the Alameda Creek rushing mont,Union City and Newark,gets'.. ”"This is more•preventive;' he A alongside it has prompted Assem-...'half its water from the underground'Y;'said.-?>r^•ti+;X58%f•Vii•'.r}31!:£F:;�ti�.,'.1.1 s ? •N.blywoman Defame Eastin to intro- water supply, which has the creek � The city councils of Newark, a t`'duce legislation to try to protect it. ;"gs its main source. Union City and Fremont have all en- ' •The bill introduced by Eastin last "{ Paul Piraino,manager of admin- dorsed the bill,and Alameda Coun- r - wegk would designate the winding .istration for the water district,said ty Supervisor Ed Campbell has ex" Niles Canyon Road (state Highway the district has not had any pmb- pressed his support as well. ,. , e , a / a / 84)as a scenic highway and would prohibit vehicles from carrying toxic materials on the road The bill also would establish a review process by which any pro- r +'• Bathroom., $ posals for development or signs ,:, i- . '200 < along the seven-mile stretch be- tweenunt Interstate 680 and Mission "•I�emodeIon l .•On ntywmplet Boulevard in Fremont would be 13athrOOm closely scrutinized,Bastin said. — "This will assure that anything Remodel proposed out there will be more The Complete One-Stop Retail Showroom carefully considered than in the past,"Eastin said."It requires pro- Sales, Design Service, Remodeling ,•. - posals to be carefully reviewed in b the context of it being a scenic high. • Plumbing Fixtures • showers&Tube,Wal,&Parts y Amr &European • Mo � f Way." Cultureded Marble&Onyx Moulded Fiberglass,Showers, The Fremont Democrat said she Standard&Cu;,nm Tubs,Pato,ns.Wells proposed the legislation in response • shower Doo.. N- • Mimors/Meaicine Cabinets ,cL. RENOVATIONS to a request from the Alameda Standard&Custom • Flooring County Water District,which is con- Lk.No.493064 A reined that a toxic chemical spill 2130 Market St. • Concord Mon-Fri 8-5 • Sat 9-3 682-9743 could damage the water supply of Suring Feb.1,open Thun.'W 7 p.m.Ute apps.on mciix at. AMFLJDFD BQARD_ 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 June 13 , 1989 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: $150, 000. 00 Section 913 and 915.4. ' Please note all "Warning94117ty C CLAIMANT: ERIC PAGE a 1 64r� /98 c/o Peter C. Pappas �I 2 ATTORNEY: Attorney at Law n@2 9 2400 Sycamore Drive #40 Date received ADDRESS: Antioch, CA 94509 BY DELIVERY TO CLERK ON May 18 , 1989 hand de%S3 BY MAIL POSTMARKED: no envelope I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. May 22 , 1989 PpHHIL BgATCHELOR, Clerk �. DATED: y BY: Deputy L. Hall II. FROM: County Counsel TO: Clerk of the Board of Supervisors �(v ) 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: rj ��2(1q BY: Deputy County Counsel T7" III. FROM: Clerk of the Board TO: County Counsel (1) County A na.strator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present �/Ea/GL�J ( ) 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: JUN 13 1989 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: J UN 15 1J8 J BY: PHIL BATCHELOR by Z_(�/dZ61-9outy Clerk CC: County Counsel County Administrator* I PETER C. PAPPAS ATTORNEY AT LAW e' 2 2400 SYCAMORE DRIVE,SUITE 40 �E C HLE D ANTIOCH,CALIFORNIA 94509 3 TELEPHONE:(415)754.0772 NAY 181989 4 1ot4,Sa. M, C 'RK BOA IL R OF SUPERV SOBS f.5 ATTORNEY FOR ERIC PAGE e CON COSTA Claimant dr!p°ly 6 7 TO: CONTRA COSTA COUNTY 8 9 RE: (AMENDED) GOVERNMENTAL CLAIM 10 1 . Claimant, ERIC PAGE, by and through his attorney PETER 11 C. PAPPAS, hereby makes claim against the Pittsburg Police Department, the City of Pittsburg, and the County of Contra Costa 12 for the sum of One Hundred Fifty Thousand Dollars ($150,000 .00) 13 and makes the following statements in support thereof. 14 2 • The Claimant herein, was falsely arrested and held in confinement and falsely imprisoned on February 12, 1989 , through 15 February 17, 1989 . Said acts were believed to be done intentionally or at least in conscious disregard for the rights 16 of the Claimant. 17 3 . Claimant' s post office address is 2126 Knox Avenue, Pittsburg, CA 94565 . 18 4 . Notices concerning this claim should be sent to: 19 ERIC PAGE 20 c/o Peter C. Pappas Attorney at Law 21 2400 Sycamore Drive, Suite 40 Antioch, CA 94509 22 5 . The name or names of the public employees causing the 23 claimant' s injuries are unknown to the Claimant at this time. 24 6 . The basis of this claim is: 25 a) Medical expenses to date. . . . . . . . Unknown b) Wage loss to date. . . . . . . . . . . Unknown 26 c) Future medical expenses. . . . . . . . .Unknown d) Future wage loss. . . . . . . . . . . . Unknown 27 e) Pain and suffering. . . . . $150,000.00 28 DATED: May 17, 1989 C, - PETER C. Attorney fo Claimant