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Home My WebLink AboutMINUTES - 05111993 - 1.15 CLAIM � BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MAY 11, 1993 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: $413.96 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: GONZALEZ, Ruben and Barbara ATTORNEY: Date received ADDRESS: 351 Village Drive BY DELIVERY TO CLERK ON April 13, 1993 Brentwood, CA 94513 hand delivered 8Y MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. PPHH g DATED: April 19, 1993 BTIL Deputy OR, Clerk ( ,, I_ OF 11. FROM: County Counsel TO: Clerk of the Board of S'uperilsors ( 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 910.6). ( ) 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: /? 13 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 O "ER: 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: MAY 1-. 1993 PHIL BATCHELOR, Clerk, B , Deputy Clerk WARNING (Gov. code sec on 913) Subject to certain exceptions. you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California. postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAY 18 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim, The County of-•Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Clairs Act. Claim to. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS TO CLAIMANT A. Claims relating to causes of action for death or for injury to person or to per- sonal property or growing crops and which accrue on or before December 31, 1987, must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for -death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 5911.2.) 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 fill stamp ____R fiC Against the County of Contra Costa ) APR 131993 or I CLERK BOARD OF SUPERVISORS k District) t. CONTRA COSTA CO. Fill in name - - `_ --- The undersigned claimant hereby makes claithe County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: ---------------------M-----N--N--N------------------N---N---------M---------- 1. When did the damage or injury occur? (Give exact date and hour) APRIL. Where did. the e ~ Mor ' N cu ?N nc a it anymg4 mv MUAW 3. How did the damage or injury occur? (Give full details; use extra paper if required) -----------------------------N----------------—----------------------------------- 4. What particular act or omission on the part of county or district officers, servants or employees caused the n yu� am�ge? E cul ' Ili wro. MuI`tr � ICS `� !� hv� l (over) 7. what are the names of county or district F�hpofficers, servants or employees causing .dar�►u nAk., W04 �fIM- ------------------------------------------------------------------------------------ 6. Whatt damage or injuries do you claim resulted? (Give full extent of injuries or , dam t es�tJclaimWth ��e �lV I (Jfor au V I�V 5 56e��V� � 0 ------------------------------------------------------- 7. How was the amount claimed Jabiove computed? (Include the( estimat;-damount oMf any vrovsetive i B& --�--------------------------�------- -M------r M---- $. Names and 4ddres es of witn.fiJe oct r and hospitals. U e ---------------- •---••---r-.�----....--------------..--_- ----------------------r------ 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUIT * * * V* Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some person cri his behalf." Name and Address of Attorney • Claimant� ign e _ Address Telephone No. Telephone No. 1-6 (I/ * iIF NOTICE Section 72 of the Penal Code provides: - "Every person who, with intent to defraud, presents for allowance orfor payment to any state board or officer, or to any county, city dr- district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state. prison, by a- fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. QUESTION #3 We were approaching our truck preparing to leave when a grey, county car ( lic. # E085669) pulled into the parking spot to the left of our vehicle. We witnessed a child passenger open his door to exit the vehicle at the same time ramming the door into the driver' s side door of our truck. I (R.G. ) told the child he had just hit my truck - he denied it. Mr. Walker came around to see the damage and agreed that it was caused by his passenger as each vehicle had each other's paint on it and the dant on the truck was confirmed by re-opening the county vehicle' s door into the truck' s direction. Mr. Walker claimed that it wasn't very much damage and offered to write us a check for the damage rather than claim it on the county' s insurance. We said we wanted to get estimates on the damage before resolving the incident. Mr. Walker gave us his home phone number and address to contact him with our estimates . We were unsuccessful in reaching him by phone, therefore, resulting in this claim. ESTIMATE OF REPAIRS CASEY'S AUTO BODY 4515 O'Hara Avenue Phone: 634-2211 LS ems BRENTWOOD, CALIFORNIA 94513 CALIF. B.A.R. REG. #AB057216 rP • • NAME ADDRESS AKE O VEHICLE YEAR TYPE LICENS N0. MILWE 9ERIAL NO.(VIN NO.) INSURED ADJUSTER INSPECTOR PHONE HOME BUSINESS Labor Labor Labor 7Bp.r Hours PARTS SYM. Hours PARTS SYM. Hours PARTS Fender Fender Fender Ornament Fender Ornament . Fender Shield Fender Shield Fender Mldg. Fender Mldg. Bumper Gd. Headlamp Headlamp Frt. System Headlamp Door f Headlamp Door Frame Sealed Beam Sealed Beam Cross Member Cowl Cowl Door, Front Door. Front Wheel Door Lock Door Lock Hub Cap Door Hinge Door Hinge Hub&Drum Door Glass Door Glass Knuckle Vent Glass Vent Glass Knuckle Sup. Door Mldg. Door Mldg. Lr. Cont.Arm-Shaft Door Handle Door Handle License Frame-Brkt. Center Post Center Post Up. Cont.Arm-Shaft Door, Rear Door, Rear Shock Door Glass Door Glass Windshield Door Mldg. Door Midg. Rocker Panel Rocker Panel Tie Rod Rocker Mldg. Rocker Mldg. Steering Gear Sill Plate Sill Plate Steering Wheel Floor Floor Horn Ring Frame Frame Gravel Shield Dog Leg Dog Leg Park. Light /j Quar. Panel _-- Quar. Panel Grille Quar. Mldg. Quar. Mldg. Quar. Glass Quar:Glass Fender, Rear cti.. Fender, Rear Fender Mldg. Fender Mldg:, Fender Pad Fender.Pad ME Mirror Inst. Panel Horn Bumper Front`-Seat Baffle, Side Bumper Rail Front Sedt.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 Battefy,,; of / Hood Midg. Trunk LockPaint „ v, Hood Letters Trunk Handle Undercoat Ornament Tail Light Polish Rad. Sup. Tail Pipe Misc. Materials Rad. Core Gas Tank AUTHORIZATION FOR REPAIRS Radio Antenna Frame You are hereby authorized to make the above Rad. Hoses Wheel specified repairs. Fan Blade Hub& Signed 'Hrs. .Drum Labor �$ Fan Belt Back Up Lite Parts $ Water Pump Wheel Shield Wrecker Service $ Motor License Frame-Brkt. Tax $ Sublet S A—Align N—New OH—Overhaul S—Straighten or Repair EX—Exchange RC—Rechrome U—Used / �" ,� $ This estimate.is based on lowest possible cost consistent with quality work, and as such, is guaranteed. Items not covered by this estimate or hidden will be additional. TOTALS/ OK•11787 REYNOLDS OKLAHOMA CITY Estimate Form e_ " U/61" D 2 Date dress j� ��GL.9G<; �State Zip �y5�3 Phone ear _Make �ly�f(� Model /l(/i. 1jfK!0 � e'VK,4�0 �11C�I.D. No. Color Prod. Date Trim Mileage License No. (9' �t�00 Ins. Co. File No. Claim Jo. Appraiser Lic. No:' Phone Written B Noe pair pace DESCRIPTION OF DAMAGE. PARTS LABOR PAINT 1 //r U U 2 3 4 ........:. .... . . ............ ..... 5 �Ai� h' �r/�A0V � v .:.:.::.:.::...: :::. : :.::.:..;:.::..:.:.:..::;;;.::.:;.. . ..:::.....;. . . .:.:.:. :.:.........:.:..: .:.:.:...:.:::.......::::.:......::::.::...;.:::.;:.;:.::.:::.:.::::: ... 5.:.:.:.::.:.:::.:..:..:.:.:..::.:.. .. .:...:..::.: ::. .:...:...,.. ...: 6 .: ::: ::::::.::.:.:.:.:.:.:.::.:::. 7 8 9 . ..:. .. 1 ....:. . ... .;::.; ;:::.:.:.:.:::::.:.:::: >> 12 13 14 15 16 17 1 8 19 —_ 20 21 22 23 . . . . . . .. . .... . ...... ..... . . ... . . . . .......... ............. ... .... ... ............. ..:::: ..... . . 24 .... ........ . ....::::.. ................. ..... ... .: . ...:.:.....................:::::::::::::: ........... ......: :::::::::: 25 26 27 28 29 .. .: . . .. ... . .... .. . ........ .. .... ..... .. .. ............... . ..... ............. ... 30 l:.;:.:::.:;.. ...:; �..; . . . . . ....... A:.. TOTALS uthoriaa.ion.f r:R r >:::: ... .. . . . o. ::Re r ; .......... . . . ... ......... .................................... ... . ..... . .......:....:.:.:..:::::...::::..:. . PARTS Prices subject to invoice $ BYER'S AUTO BODY REPAIR, INC. LABOR hrs.@$nt $ Paint Supplies $ 7911 Brentwood Blvd. Brentwood,CA 94513 Shop Supplies $ Phone (510) 634-3198 Towing/Storage $ Sublet $ Tax $ s+ DAMAGE REPORT TOTAL $ �G® CLAIM APR 61993 2 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA ODUNil► 001AVSd Claim Against the County, or District governed by) BOARD "tF'My- the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MAY 11, 1993 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: Unspecified Section 913 and 915.4. Please note all "Warnings". CLAIMANT: O'NEIL, Sidney R. ATTORNEY: Date received ADDRESS: 135 South Avenue BY DELIVERY TO CLERK ON April. 8, 1993 Alamo, CA 94507 BY MAIL POSTMARKED: April. 6, 1993 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH DATED April. 8, 1993 BYIL BATCepuHELOR, Clerk 4,57�� I1. FROM: County Counsel TO: Clerk of the Board of Su visors (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: BY: �- Deputy County Counsel Ill. 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 ( P OrThis Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: MAY 11 1993 PHIL BATCHELOR, Clerk, y . Deputy Clerk WARNING (Gov. code s n 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately, *For additional warning see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAY 18 1aBY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of .Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to -the California Tort Claims Act. 'Claim to. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY INSTRUCTIONS 'TMJ CLAD"0T 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 laez�than.one year after the accrual of the cause of action. . (Govt: Code"S911-2 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.. * � � � ae � � * eee � * � e � eae � � • � � � e � � � � � eeef � eeee � e REE: Claim By ) Reserved for Clerk's filing stamp ECENE® ) Against the County of Contra Costa ) APR 8 1993 or District) CLERK BOARD OF SUPERVISORS CONTRA COSTA CO. Fill in name ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) Tail 2. Where did the damage or injury occur? (Include city and county) 3. How did the damage or injury occur? (Give full details; use extra paper if roquired) ( v� 6140,1-141 tt)e4� f ao�9, Cou pl ty 5 ��£ $ec l� ►� a �a o Ve,v /o La COvll6,l cL,1Je_v4 v/ag vp C6Lu5111q 16WeF- .pv1vcte_1y mwrr,d sic,6re1I 4. %%a" particular act or omission on the part of county or district officers, servants or employees caused the ink or ' dve6 1,6W "#141 /reeves b-5,-"n by e7lde ce 'P7eN- .17 hf�/ "":7 ?9 5, wnaL are Lne ro es of cou.^.Zy or district officers, servants or employees causing the dar-.age or in fury? ��6�heYs v y��d-�r��►,��6/e ------------------------------------------ .-. ------------______..�____------------ 5. 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.) J ' -- 0� G/rk � . /j45 7 e- deers . $. ryryNa/mes and addresses of w�tnesses, doctors and hospitalc:A�s. l�{� � �47y10 S �D.,!�oe� ,¢r/�.. e�•f�j� c�;4 9z/,ro7 /1! i46, z,A `Iy'ro7 YID, ��rell Sf��ti ens l30 Soak 14 9. List the expenditures you trade on account of this accident or injury: DATE ITEM AMOUNT 7110- � Gov. Code Sec. 910.2 provides: . "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) "a or by some person on his behalf." Name and Address of Attorney C1 is Signature 13s- 5o � �F Address Telephone No. Telephone No. N O T I C E Section 72 of the Penal Code provides: - "Every pe,-son who, with intent to defraud, presents f'or 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, -,ny false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprison-ent in the county jail for a period of not more than one year, by a fine of not exceec':rg one thousand ($1,000), or by both such imprisonment and fine, or by imprisor-*oent in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine. Claim to: BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY 6) Road base undermined and surface eroded. Cost to be determined by: a) public road building contractor estimates , or b) CCC Public Works Dept. if repair is to be made by County Maintenance Dept. This road is on easements granted by 19 land owners for their private use and for their visitors, business services and others as well as Fire Dept. and Ambulances access to their homes and to the adjoining properties . Claims and safety of all lower South Ave. owners and users may be more economically and practically managed if evaluated and resolved together. t3 I • co �i o ^^: CL � G to rq b a as to � L64 a o r, cd v' �4 $4 V, CO J' o a rn � � a N "4 V V 0 to iJ * w w `C N o x 41 a' 4) a ,i ,4 d a cd a LU fY Z p Gi aH Ln �n S RECHM CLAIM APR $ 1993 3 _ BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA OMPM cot#lbs Claim Against the County, or District governed by) BOARD ACTI Aim CAUP- the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT MAY 11, 1993 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: $1,199.15 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: QUINN, Brian P. ATTORNEY: Date received ADDRESS: P.O. Box 594 BY DELIVERY TO CLERK ON April 8, 1993 (hand delivered) Ori.nda, CA 94563 BY MAIL POSTMARKED: 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. ppHH gg DATED: April. 8. 1993 BILL DeputyLOR, Clerk II. FROM: County Counsel TO: Clerk of the Board of S isors ( 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: 8=41', . Deputy County Counsel 111. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD 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: MAY 11, 1993 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code section 13) Subject to certain exceptions. you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warning See reverse side of this notice. AFFIDAVIT OF MAILING 1 declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAY 18 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to -the California Tort Clains Act. I 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, 19879 must be presented not later than the 100th day after the accrual of the cause of action. Claims relating to causes of action for death or for injury to person or to personal property or growing crops and which accrue on or after January 1, 1988, must be presented not later than six months after the accrual of the cause of action. Claims relating to any other cause of action must be presented not later than one year after the accrual of the cause of action. (Govt. Code 6911.2.) B. Claims must be filed with the Clerk of the Board of Supervisors at its office in Room 106, County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is against a district governed by the Board of Supervisors, rather than the County, the name of the District should be filled in. D. If the claim is against more than one public entity, separate claims must be filed against each public entity. ' E. Fraud. See penalty for fraudulent claims, Penal Code Sec. 72 at the end of this orm. ee * * � * � � +t * * se * a • � � � � e � � * � * a � * ee * � � � se * e � � � � RE: Claim By ) Reserved for Clerk's filing stamp Brian P. Quinn ) r RECEIVED ) I I� Against the County of Contra Costa ) 0 - 81993 or ) , District) CLERK BOARD OF SUIPERVISORS CONTRA COSTA,co_"-— Fill in name •-The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 1,199.15 and in support of this claim represents as follows: 1. When did the damage or injury occur? (Give exact date and hour) March 2, 1993 @ 8:30PM 2. Where did the damage or injury occur? (Include city and county) In front of 2419 Tice Valley Boulvard, (near Walnut Creek city limits) , Contra Costa 3. How did the damage or injury occur? (Give full details; use extra paper if required) See attached letter 4. What particular act or emission on the part of county or district officers, servants or employees caused the injury or damage? Failure to promptly repair knownroad hazard Failure to warn motorists of pending hazard ahead (on blind curve) Failure to provide proper road edge marking (or warning reflectors) (over) 5. What are the names of county or district officers, servants or employees causing the damage or injury? _ Public Works Department ------------------------------------------------------------------------------------- 6. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. Completely destroyed front and rear right side tires and rias, resulting in the need for alignment also 7. How was the amount claimed above computed? (Include the; estimated amount of any prospective injury or damage.) Tires/Rims recently purchased - replaced at same cost (evidence available for Exam) --------------------------------------------------------------------------------- 8. Names and addresses of witnesses, doctors and hospitals. John Metz - North Main Tow - Walnut Creek, CA Contra Costa Sheriff Deputy - Name/Badge unknown Paul Borgwart - West Newell Ave. - Walnut Creek, CA -------------------------------------------------------------------•------------------- 9. List the expenditures you made on account of this accident or injury: DATE ITEM AMOUNT March 3, 1993 (2) Rims, Tires and Alignment $1,199.15 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 r— — &jt Claimant's Signature P.O. Box 594 Address Orinda, CA 94563 Telephone No. Telephone No. 415-984-2437 * * * * * * -F NOTICE Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($109000, or by both such imprisonment and fine. BRIAN P. QUINN P.O. BOX 594 ORINDA, CALIFORNIA 94563 RECEIVED March 29, 1993 fl APR - 8 1993 i' Board of Supervisors p CLERK BOARD OF SUPERVISORS Contra Costa County _.___._CONTRA COSTA CO_ 651 Pine Street, Room 106 Martinez, California 94553 RE: Claim Against Contra Costa County (Date of Loss - March 2, 1993) Dear Supervisors; On the evening of March 2, 1993, I was driving my 1987 BMW 735i at approximately 25MPH eastbound on Tice Valley Boulevard at approximately 8:3OPM. As I approached a blind s-curve past Meadow Lane (directly in front of 2419 Tice Valley Boulevard), my vehicles right side was caught up in a loss of roadway and pulled into what I first referred to as a pothole but have since determined is actually a section of washed out roadway edge. The vehicle then returned to the proper roadway but after striking an 8 to 10 inch wall, causing both right side tires to immediately explode and cracking both rims. I immediately pulled the vehicle into a nearby driveway as the car was undrivable. It was extremely fortunate that I was traveling at 25MPH. Had my speed been higher, it could have sent my car out of control, possible resulting in injury or death. I was able to pull the vehicle into a nearby driveway, as the car was undrivable at this point. Shortly after this incident, a Contra Costa Sheriffs deputy drove up and inquired about the problem. It was explained to him what happened and he called for a tow truck. In the meantime, we were able to call a tow truck ourselves but had to wait over an hour for one to arrive. While waiting a few homeowners asked if they could be of assistance. They have been concerned with the condition of the roadway and have seen others with the same problem. At approximately 9:45PM, John Metz arrived from North Main Towing service. He stated he knew what had happened after he received the dispatch. He has responded to over a dozen calls on that same "Pothole". Without even examining the vehicle, he stated that both tires would be blown out and that the rims will be destroyed. He also stated "My record for that Pothole is three cars in one night, one right after the other. The roadway is dangerous and keeps washing away. The county has made little progress in trying to safely repair the road." His assessment of the damage to my car was in fact correct. It was then towed to M-Service in Walnut Creek for repairs. Contra Costa Board of Supervisors March 29, 1993 Page 2 Tice Valley Boulevard is located in an unincorporated part of Walnut Creek (thus under Contra Costa County Jurisdiction). The roadway is one lane in each direction, approximately 11 to 12 feet wide from the center line to the roadways edge. Parts of the road's edge (on both sides) is clearly marked with a solid white line or reflector markers. The other parts are not marked at all (it looks as though the clearly marked sections tend to be in the City of Walnut Creek limits and the unmarked sections are in the Counties jurisdiction). The S-Turn has no markings at all and in fact narrows to 10'6". The spot in the road that is most dangerous narrows to 910" or a loss of 6 more inches. It is at that point that a cars right side can be pulled into the hole and upon returning to the roadway, destroy both right side tires. The edge back onto the roadway is almost 8"to 10" deep and has a razor sharp edge. I returned to the scene a few days later to document the road's condition, take measurements and photographs. While I was there, a car almost suffered the same damage but missed the hole by inches. I noted that the driver could not see the hole, even in broad daylight. It is very apparent that section of roadway is extremely dangerous and should be repaired at once. The road is also unsafely marked (not marked at all) and should have safety striping or markers on its edges. At least, a sign should be posted warning motorists of a narrowing roadway and hazards ahead. I hearby ask the County of Contra Costa to reimburse me for my actual out of pocket loss of $1,199.15 for damages incurred to my vehicle due to the County's failure to properly repair a known roadway safety hazard, failure to warn motorists of a hazardous condition ahead and failure to provide proper roadway markings. This claim does not ask for reimbursement for towing charges, lost wages from work, mental injuries/anguish suffered from the incident to both myself and fellow passengers in my vehicle. If the County refuses to accept responsibility for this claim and chooses to litigate, I will need to include all of the additional damages in such action. I hope that the County will quickly and amicably settle this matter, thus avoiding costly litigation. I would also hope that the County order that section of roadway be immediately repaired, marked, signs installed or whatever other action is needed to prevent more incidence like this from happening. I have enclosed copies of the repair order, photos and measurements from the scene as well as the CCC official claim form. The tires and rims are available for examination if needed. Please call me if you need additional information. Respectfully Brian P. Quinn BPQ/ibm Encl: h. 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'h '�� •r}µ 1'l.� ,4• •!i.., „u`".+;fit. �b;-� � ��v �'f�. "�... 4�-Ji.-. ';! r^' �,,�' ` ; r 2:i�'Y�: ��.� ..r. IRR �`f• .`�.. ..y"( �'may�� Y �� .. ' �^�~rl�. x�' •S: t=J 1 dye ,e ';,� .., ,+ ' ry`sry� f� 1'e� •�� }� �.,�f,` `'.1 5C/'T s`if 4,� `.`�h' :�' t l,.,. �y I 'I .•t'.. CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA + w. Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANTA11 3 T793 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: $17,398 Section 913 and 915.4. Please note all "warnings". CLAIMANT: SPARLING, Lee and RAMOS, Lloyd ATTORNEY: Date received ADDRESS: 140 South Avenue BY DELIVERY TO CLERK ON April 13, 1993 Alamo, CA 94507 certified BY MAIL POSTMARKED: April 12, 1993 1. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. <4A,,,4. DATED: April 19, 1993 W, DeputyLOR, Clerk 11. FROM: County Counsel TO: Clerk of the Board of Su'PeKisors ( ✓) 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: / 9 9 3 BY: �, Deputy County Counsel V 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: MAY 11 1993 PHIL BATCHELOR, Clerk, By Deputy Clerk WARNING (Gov. code 13) Subject to certain exceptions. you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For additional warnina see reverse side of this notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez. California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: MAY 18 1993 BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator I This warning does not apply to claims which are not subject to the California Tort Claims Act such as actions in inverse condemnation, actions for specific relief such as mandamus or injunction, or Federal Civil Rights claims. The above list is not exhaustive and legal consultation is essential to understand all the separate limitations periods that may apply. The limitations period within which suit must be filed may be shorter or longer depending on the nature of the claim. Consult the specific statutes and cases applicable to your particular claim. The County of Contra Costa does not waive any of its rights under California Tort Claims Act nor does it waive rights under the statutes of limitations applicable to actions not subject to the California Tort Claims Act. BOARD OF SUPERVISORS OF CONTRA COSTA COUN1Y INS'UI(7IONS -0 (7.AD',A,`T A. Claims relating to causes of action for death or for in,jury to person or to per- sonal property or growing crops and which accrue on- or before December 31, 1987, must De 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. Claim relating to any other cause of action must be presented not ..later than .one. year after the accrual of the clause of action. - (Govt:' Code"5911:2.) B. Claim must be filed with the Clerk of the Board of Supervisors at ita office in Room 1061 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 L -� S c �1,v�e } Reserved for Clerk's filing Stamp FA CEIVED Z ) Against the County. of Lra Costa ) 1 31993 or ) F SUPIE District) COOA NTRAOS7A Co.ISORS (Fillin name ) M i.'rdersigned claimant hereby makes claim against the C=%.y of mantra Costa or Che above-named District in the sum of $ and :n support of this claim represents as follows: _T u.v1� o ► �� + rQT0'�'r-k") sl'n� 1. When did the damage or injury occur? (Give exact date and hour) `Sot _,,� 1J , 1��013 ; �� —5 cam•, -t a 2� a-v 2. Where did the damage 'or injury occur? (Include city and co *Y) 3. How did the damage or injury occur? (Give full details; use extra paper if reyu :`_d) � 1 \ \—j ckk�Uv`'�v.r, l Y J @�.�7 w`r-\ S(�� aJ vt' 00-e—v �L\Y�dGSC- C L•,S�C.m 1YO-�QG{1L`-fj _, 4. ^.at particular act or omission on the part of county or district officers, se_^var.Cs or e=ployees caused the injury cr damag\e�?� \\ ` -v~c.__ L s.�� C�L ti. 4;,>_ 5 a- . x.t�"` 0 7 l Y` lQ_'� C'r� yll' a \Y� " "C�\.v C• _ ?-�J-i-5-s-w-` e9-�r.4 e� Yr•c- S �f b lt-tC+ `-ti' `�Vnn 5• wnaL are the raves of county or district officers, servants or employees causing tine c .? ge or ;n jury? PL,3L; -D 5. What damage or injuries do you claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. \ 1 ( t�vZ. woJZ3 r-- • cam-( 7. How was the amount claimed above computed? (Include the estimated amount of any prospective,,injury or damage.) 5. Names and addresses of witnesses, doctors and hospitals. k--r �4_ Qr J Q 1(�+-t�•r�l� C-A ------- =Q_e C-\s_2 _-_ I S--c' S'>) 4! 4\ ✓�M (_��o..,-, . C-Y.\- �. List the expenditures you made on account of this accident or injury: DATE ITEM . . ;:r.: AMOUNT �0u�. C ,,A, � 5 �a--e_�. c��.L..n�.Z. C..�.- :'.e�a 'ui,.-�_� `(c� 1 'fie- ��•��,`� .. �. �Q(��e�c.Q-+•>.a-,--�"--.Q.S�-t•me.�Q-S' Y( Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or by some oerson on his behalf." Name and Address of Attorney Claiman 's Signa(tureo ;Address) Telephone No. Telephone No. 510 I �2 —1 NOTICE Section 72 of the Penal Code provides: - "-Very person wto, with intent to dell-aL'd, Preseants allowance or rJr Ya.rnent to arty state board or officer, cr to any coi:rty, ci.y 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 imrison- gent in the county jail for a period of not more than one year, by a fire of ^ot exceed`^a one thousand ($1,000), or by beth such imprisonment and fine, or by imprisoTiment 1.n the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonurent and fine. l `�. Co � - <,� .o Q �tx c.w a �\ _ _ � •.. \ �. ��.. _ Cil. �.ty-Y �1-' Ste.+ rnr•-...�� `� � . Al 00 Cr,. Z DL/Q ,�� ,t� . of vy- �/c n- .. �� Q_ p� r, 1�v� )O L_s ),-. 5s �'�r,C_ p��"�'Y S � ►'�-_S C-��w-�, YIS=��S � 1�4-. L.-�/•WL•�.c`.lz.Z. C r� e_L Cl '"�---�-7"'�+ti•- �,.s � ()��.C._.r �YL��C--•-� �1 WY�-.r-S .. .� Yi' J . .1,,' '1 + �� f� ' � .. + LAFAYE TTE TREE & LANDSCAPE INC . H. & TH. RAETH - CONTRACTORS # C 27-453350 530 FLORENCE DRIVE LAFAYETTE,CALIFORNIA 94549 TELEPHONE(510)284-7816 or 283-5885 FAX(510)284-5309 Mr. Lloyd Ramos January 18, 1993 140 South Ave Alamo, Ca 94507 Emergency flood control: 125 sandbags - 125.00 2j c.y. sand 75.00 Labar: 13 manhours 455.00 Total : $ 655.00 Mud clean-up was done in lieu of maintenance. Thank you Accounts due and payable 10th of month u: A �.'tt: .' .. .. .:- �k?.h-.^,� "�+;:r. - :Yy�fy !gid-+:•i;`vi�5� e- w,• , ❑ ESTIMATE .. ❑ INSTALL INVOICE ERVICE' iy :,go►a1:.s::ChlOr:.: :Y - r _ 5 - :, :....:..,: 2: -- Rn -. - - 4 � W 4 •n Lc'#63 638• e�Co tractors �... ... :.ear.. ..... _ .... -181993 - - JANUARY. I9 93� N ;_'• • DATE STARTED ;DAT COMPLETED " . ::LLOYD RAMOS • ILI ! • :r DjRWS SOUTH,:AVENUE PSN POOL: AN: IT 'BE:`FILTERED ,.. .AM , .PM �:ALAMO A C ' ',95P.74 ,.>. ,.. ..:..:.... . .... . ..,. ;::. ;OUT�;QR::'D(?,°WEA:'HEED:'-:TO :.�AG� ':i::�..�::.,.;,,,.. :PHONE_ x - ;:..- • 4'.. H - – 8.; 0.'87 3 22 �cwi _Dobie 'F I- INSTJ3y ffi4f , - sL �.S�rID IN DRIVEWAY. .. & SILT > ', ::.100VFIUM C =BE;-CAREFjJI.. - .. .. .: .:.: . .... . ... .. :.;BY KITtEN.WINDOW :IS .DOVER.... .� PAGE# .:AREA## CROSS ST.'=:;`' :TECH '. L "SERVICE PERFORMED ; QUAN DESCRIPTION OF MATERIAL PRICE :AMOUNT..;.._... . .. ... - .. - t ... - •.� .. -7- COMMENTS: 710 Date Labor Record Amount Total Materials ❑ PLEASE RETURN YELLOW COPY WITHIN 10 DAYS TO INSURE �, Service Call Tax PROPER CREDIT ACCOUNTS DELINQUENT OVER 30 DAYS SUBJECT TO 11/2% PERHFI @ MONTH FINANCE CHARGE. ' l 5 Z M H HR @ CUSTOMER SIGNATURE: Total Labor 7 S ' Signature above constitutes acceptance of contract or above work as be- PAY FROM THIS INVOICE TotaC. 757100 . ing satisfactory—and that equipment has been left in good condition. (510) 449-2289 291 Rickenbacker Circle • Livermore, California 94550-7630 LAFAYETTE TREE & LANDSCAPE INC . H. & TH. RAETH - CONTRACTORS # C 27-453350 530 FLORENCE DRIVE LAFAYETTE,CALIFORNIA 94549 TELEPHONE 284-7816 or 283-5885 PROPOSAL AND CONTRACT Date Abri 1 6, 1993 19 Name Mr. & Mrs. L. Ramos Addre« 140 South Ave A 1 amn,_ nA 9d507 Job Address same— The undersigned agrees to furnish and provide necessary labor, materials..tools, implements, and appliances to do, perform and tom Tete in a good workmanlike manner the following: � tepair. flood damage for the following areas: 1 ) ` Gravel =driveway -'remove ,silt and re rock area is approximately 1 ,850 square feet. . . . . . . . . . . . . . . . . . . . . . . . . . . .$10, 175.00 2) Decorative granite rock walk remove and replace. Area is approx 250 square feet. . . . . . . . . . . . . . . . . . . . . . . . .$ 1 ,440.00 3) Remove and replace 1800 sq.ft. sod lawn area. . .$ 2,250.00 4) Replace approx 10 yards of mulch floated away by water. $ 500.00 5) Rerock with decorative granite at side of garage for area approx 135 sq.ft. Remove and replace. . . . . . . . . . . . . .$ 810.00 6) Rerock pool equipment area remove and replace area is approx 118 sq.ft. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$ 708.00 Fifteenthousandeigthhundredeightythree All the above work to be completed for the sum of ------------------------------------------ Dollars ($ 15,883.00 Any alterations or deviation from the above, involving extra cost of material or labor, will be executed only on written orders for same and will become an extra charge over the sum mentioned above. All agreements must be in writing. In the event that it becomes necessary to institute suit or to employ an attorney to collect any payment or payments due the under- signed for labor or materials furnished under this agreement or any modification thereof, then you shall be liable to the undersigned for court costs and attorney's fees: said attorney's fees shall be in an amount equal to one-third of the amount for which recovery is prayed. $1 ,000.00 down 113 at begin of Job and site Ter P'ngt �Ka'lltbh ao a rs. Bal upon completion. This proposal is void if not accepted within ;3() Respectfully submitted. By Thomas Raeth ACCEPTANCE You are hereby authorized to furnish all materials and labor required to complete the work mentioned in the above proposal for which agree to pay the amount mentioned to said proposal and in accordance with the terms thereof. ACCEPTED AND AUTHORIZED BY Signed Date 19 Signed Please sign and return white copy 0 loll rl\ ®R