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Home My WebLink AboutMINUTES - 07151997 - C14 CLAIM n- BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA "' • July 15, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your 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: Unknown Section 913 � IIR,1 re all "Warnings". CLAIMANT: Shirley B. Swenson, et al. !'!l11111nLLLLj1111 VV JJ�� JUN 20 1997 ATTORNEY:.Thomas G- McLaughlin, Esq. McLaughlin & Pegnim Date received COUNTYCOUNSEL 3105 Lone Tree Wa Suite A MARTINEZCALIF:June 5 1997 ADDRESS: Y� BY DELIVERY TO CLERK ON Antioch, CA 94509 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. pH B � DATED: June 20, 1997 BYIL BATCHELOR, Clerkdy 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: `� l� BY: �/l` 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 ( 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: �7 PHIL BATCHELOR, Clerk, By,� Deputy Clerk e WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by Deputy Clerk 21-1 CC: County Counsel County Administrator THOMAS G. McLAUGHLIN, ESQ. (510) 754-9901 McLAUGHLIN & PEGNIM LAW OFFICES RECEIVE® 3105 LONE TREE WAY, SUITE A 1 . ANTIOCH, CA 94509 10ARD 51997 Attorney for Claimants:Shirley B. Swenson OF SUPERVISORS; Eric W. Swenson CONTRA COSTA co. Randy L. Swenson Chris A. Swenson Connie L. Williamson Kenne Swenson CLAIN OF SHIRLEY B. SWENSON# ERIC R. SWENSON, RANDY L. SWENSON, CHRIS A. SWENSON# CONNIE L. WILLIAMSON, KENNE SWENSON, CLAIM[ FOR DAMAGES FOR Claimants, WRONGFUL DEATH PURSUANT TO 6OVERNMENT CODE V8. SECTION 910r, COUNTY OF CONTRA COSTA, Respondent. / TO THE COUNTY OF CONTRA COSTA: YOU ARE HEREBY NOTIFIED that SHIRLEY B. SWENSON, ERIC W. SWENSON, RANDY L. SWENSON, CHRIS A. SWENSON, CONNIE L. WILLIAMSON, and KENNE SWENSON, Claimants, claim damages from the County of Contra Costa as hereinafter described'. This claim is based upon the wrongful death damages sustained by claimants on or about December 7th, 1996, when GERALD SYLVESTER SWENSON, sustained fatal injuries in the area of the intersection of Hillcrest Avenue and Golden Bear Drive, in the City of Antioch, County of Contra- Costa, State of California. The. death of GERALD SYLVESTER SWENSON, occurred when the vehicle driven by THOMAS EUGENE ROYBAL travelling southbound on Hillcrest Avenue, struck a vehicle being driven by GERALD SYLVESTER SWENSON, who was making a lefthand turn onto Golden Bear Drive from the northbound direction of traffic on Hillcrest Avenue. Said collision occurred at the above-described intersection. Claimants allege that the County of Contra Costa created a dangerous condition of public property upon Hillcrest Avenue and Golden Bear Drive at the time of the incident. Said location constituted a dangerous condition of public property as a result of the County of Contra Costa, which negligently maintained, repaired, inspected, and set adequate timing for the traffic control signals located at said intersection of Hillcrest Avenue at its intersection, and other deficiencies suspected, but not presently known, which will be developed by discovery. Said dangerous condition of public property was not trivial, created a substantial risk of harm or injury to persons including the deceased GERALD SYLVESTER SWENSON, and was in fact a substantial factor in the occurrence of the collision. The names of the public employees causing claimants' damages under the above-described circumstances are not known. The claimants relationship to the decedent and damages sustained by the claimants, as far as known, as of the date of presentation of this claim are as follows: NAME: RELATIONSHIP: SHIRLEY B. SWENSON SPOUSE ERIC W. SWENSON SON RANDY L. SWENSON SON CHRIS A. SWENSON SON CONNIE L. WILLIAMSON DAUGHTER KENNE SWENSON SON Prior to the death of the decedent, decedent's heirs were dependent upon decedent for support and maintenance. As a proximate result of respondent's negligence and the death of decedent, decedent's heirs have sustained pecuniary loss resulting from the loss of society, comfort, attention, services, and support of decedent. In addition, the decedent's spouse, SHIRLEY B. SWENSON, has incurred property damage, medical, funeral and burial expenses. Jurisdiction over this claim rests in the superior court, in that the amount of.this claim exceeds the jurisdictional maximum of the municipal court. All notices or other communications with regard to this claim should be sent to THOMAS G. McLAUGHLIN, ESQ. , McIAUGHLIN & PEGNIM LAW OFFICES, 3105 LONE TREE WAY, SUITE A, ANTIOCH, CA 94509, TELEPHONE NUMBER (510) 754-9901. Dated: June 4, 1997 BY• THOMAS G. McLAUGHLIN, Attorney for Claimants CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA July 15, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your 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: Exceeds $25,000 Section 9 (ZT&i1WJ ote all "Warnings". CLAIMANT: Gary Dominick Short, �� 2 U 1997 Gary and SS.uddra Shor�,Guardians ATTORNEY: Donald E. Patterson COUNTY COUNSEL Pelletreau, Alderson & Cabral Date receivedMARTINEZCAUF. ADDRESS: 3260 Blume Drive BY DELIVERY TO CLERK ON June 17, 1997 Suite 410 Richmond, CA 94806-5277 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 20, 1997 gait BATCHELOR, Clerk 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: i Dated: �� / 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 Order entered in its minutes for this date. Dated: JJr 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. * 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: BY: PHIL BATCHELOR by eputy Clerk �) a:: CC: County Counsel County Administrator RECEIVE® LD 1 71997 1I SSU.. 44. OF SUPERVISORS CONTRA COSTA CO. 1 CLAIM AGAINST CONTRA COSTA CUUNTY 2 TO: CONTRA COSTA COUNTY 3 The claimants herein present the following claim 4 for damages against the above-named governmental agency and in 5 compliance with Section 910 of the California Government Code 6 sets forth in detail the following information: 7 A. The names and post office address of the 8 claimants are: Gary Dominick Short, Gary and Saundra Short, w 9 Guardians, 4560 Sierra Madre, #537 , Reno, Nevada 89502 . 10 B. The post office address to which notices in U oma 11 connection with this claim are to be sent is : Pelletreau, W U N 0 aN12 Alderson & Cabral, 3260 Blume Drive, Suite 410, Richmond, CA Q W CL o > z x w <" �o W o LL 13 94806-5277 . q W2 :i w7 U O omoN 14 C. The date, place and circumstances of the 2 O Z N aLL N N N m7*5 15 occurrence which give rise to the claims are as follows : W w 16 On December 21, 1996 claimant ' s mother, decedent Melissa Short a w a 17 disappeared from her residence in Vallejo, California. 18 Thereafter her disappearance was reported to the CONTRA COSTA 19 COUNTY SHERIFF ' S DEPARTMENT. The CONTRA COSTA COUNTY SHERIFF' S 20 DEPARTMENT failed to investigate or act upon the missing person 21 report for Melissa Short. Melissa Short was found dead in May 22 1997 . The CONTRA COSTA COUNTY SHERIFF ' S DEPARTMENT' s failure to 23 properly investigate or act upon the missing person report of 24 Melissa Short caused and/or contributed to the death of Ms . 25 Short. 26 D. A general description of the injuries and the -1- 1 losses incurred, so far as are known at the present time, are as. 2 follows : Wrongful death of claimaint' s mother Melissa Short. 3 E . The names of the public employees causing the 4 injury are: The names of the individuals responsible for the 5 above circumstances and losses are unknown to claimants but are 6 well-known to CONTRA COSTA COUNTY SHERIFF ' S DEPARTMENT. 7 E. The amount claimed as of the presentation of 8 these claims are: The amount claimed on behalf of each of the a 9 claimants herein exceed $25,000 . Jurisdiction of this claim 10 would rest in the Superior Court. U N o 11 Dated: June 16 , 1997 N o a a OD 0 PELLETR AU ALtERSN CABRAL (� ¢ � m O 12 � ¢ W w 0, LL 13 By U 14 DO LD E. PATTERSON, J N Qa00W Attorneys for Claimants N f N a N 15 w 16 w a 17 18 19 20 21 22 23 24 25 26 P:\P\SHORT-M.CLM -2- PROOF OF SERVICE - PERSONAL DELIVERY 1 (Employee of Pelletreau, Alderson & Cabral) 2 The undersigned declares as follows : 3 1 am employed in the County of Contra Costa, California. I am over the age of eighteen years and not a party 4 to the within entitled cause. My business address is 3260 Blume Drive, Suite 410, Richmond, California. 5 I further declare that on the date set forth below I 6 served the documents attached hereto and described below on the parties and persons set forth below by personally delivering a 7 copy thereof to said parties and persons . 8 DESCRIPTION OF DOCUMENTS SERVED AND ATTACHED: 9 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 10 o 11 NAME OF PERSONS SERVED: Z C WL5- 12 - < 10 W; i - M < O 13 Z J < 0 U 0 'M d 14 0 Z N . 0 0 < PLACE OF SERVICE: U 2 15 Clerk of the Board 16 Contra Costa County 651 Pine Street, Room, 106 17 Martinez, CA 94553 18 DATE OF SERVICE: June 17, 1997 19 I declare under penalty of perjury under the laws of 20 the State of California that the foregoing is true and correct and that this declaration is executed on June 17, 1997, at 21 Richmond, California. 22 LAURA EDWARDS 23 (Type or print name) (Signature) 24 25 26 e, CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA July 15, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your 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: Exceeds $25,000 Section 913 and 915.4 �� te all "Warnings". CLAIMANT: Luchiana Short-Houston, Freddie Houston, Guardian U ly 2 U 19q7 ATTORNEY: Donald E. Patterson Pelletreau, Alderson & cabral Date received COppUR�NTTTYYCOUNSEL ADDRESS: 3260 Blume Drive BY DELIVERY TO(M�"UCLERK-Rt�CAYF& 17, 1997 Suite 410 Richmond, CA 94806-5277 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. V IL BATCHELOR, Clerk DATED: June 20, 1997 ��: Deputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days (Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: 1� 17 BY:— � 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 (A 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: I S 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. * 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: BY: PHIL BATCHELOR by Deputy Clerk CC: County Counsel County Administrator AJ it III omI I I.A IM ECEIVE RECEIVED 17 PA7 il�ss a.�►► OARD OF SUPERVISOR 1 CLAIM AGAINST CONTRA COSTA NTRA COSTA CO. 2 TO: CONTRA COSTA COUNTY 3 The claimants herein present the following claim 4 for damages against the above-named governmental agency and in 5 compliance with Section 910 of the California Government Code 6 sets forth in detail the following information: 7 A. The names and post office address of the 8 claimants are: Luchiana Short-Houston, Freddie Houston, 9 Guardian, 2715 Ohio Avenue, Richmond, CA 94804 10 B. The post office address to which notices in d U Nm 11 connection with this claim are to be sent is : Pelletreau, o N a C,10 0mo 12 Alderson & Cabral, 3260 Blume Drive, Suite 410, Richmond, CA W < w 0Q 13 94806-5277 . ^ _� LL p WJ f < O LLmo ° 14 C. The date, place and circumstances of the a O Z N � N a 15 occurrence which give rise to the claims are as follows : w -� 16 On December 21, 1996 claimant' s mother, decedent Melissa Short a w a 17 disappeared from her residence in Vallejo, California. 18 Thereafter her disappearance was reported to the CONTRA COSTA 19 COUNTY SHERIFF' S DEPARTMENT. The CONTRA COSTA COUNTY SHERIFF' S 20 DEPARTMENT failed to investigate or act upon the missing person 21 report for Melissa Short. Melissa Short was found dead in May 22 1997 . The CONTRA COSTA COUNTY SHERIFF' S DEPARTMENT' s failure to 23 properly investigate or act upon the missing person report of 24 Melissa Short caused and/or contributed to the death of Ms . 25 Short. 26 D. A general description of the injuries and the -1- 1 losses incurred, so far as are known at the present time, are as 2 follows : Wrongful death of claimaint' s mother Melissa Short. 3 E . The names of the public employees causing the 4 injury are: The names of the individuals responsible for the 5 above circumstances and losses are unknown to claimants but are 6 well-known to CONTRA COSTA COUNTY SHERIFF' S DEPARTMENT. 7 E. The amount claimed as of the presentation of 8 these claims are: The amount claimed on behalf of each of the a 9 claimants herein exceed $25, 000 . Jurisdiction of this claim 10 would rest in the Superior Court. U 11 Dated: June 16 , 1997 o � a Z Q 12 n PELL TRE U, ALDER ON & CABRAL � o ,°, 0 En w a Q O _ LL 13 < � z W J B N 14 y NALD E. PATTERSON, Qa � oN Attorneys for Claimants N f N 15 w a 16 w p" 17 18 19 20 21 22 23 24 25 26 P:\P\SHORT-M.CLM -2- PROOF OF SERVICE - PERSONAL DELIVERY 1 (Employee of Pelletreau, Alderson & Cabral) 2 The undersigned declares as follows : 3 I am employed in the County of Contra Costa, California. I am over the age of eighteen years and not a party 4 to the within entitled cause. My business address is 3260 Blume Drive, Suite 410, Richmond, California. 5 I further declare that on the date set forth below I 6 served the documents attached hereto and described below on the parties and persons set forth below by personally delivering a 7 copy thereof to said parties and persons . 8 DESCRIPTION OF DOCUMENTS SERVED AND ATTACHED: a 9 CLAIM AGAINST THE COUNTY OF CONTRA COSTA 10 d U N o 11 NAME OF PERSONS SERVED: N a z^^ � W0 u � rc m O 12 w a LL 13 Q a 0. 2 W ° f a o U0 m6 14 N a W 0 N PLACE OF SERVICE: Z " U ° 15 �~ Clerk of the Board w w 16 Contra Costa County w 651 Pine Street, Room: 106 a 17 Martinez, CA 94553 18 DATE OF SERVICE: June 17 , 1997 19 I declare under penalty of perjury under the laws of 20 the State of California that the foregoing is true and correct and that this declaration is executed on June 17, 1997, at 21 Richmond, California. 22 LAURA EDWARDS 23 (Type or print name) (Signature) 24 25 26 - CLAIM C / BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA July 15, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your 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: $6,132.00 Section 913 and 915.4. Dte all "Warnings". CLAIMANT: Fari Sabetimani ATTORNEY: JUN 2 0 1991 Date received C��AOAAURRNTTTyyYEECOUppN��SEL ADDRESS: 9 Beverly Court BY DELIVERY TO GIERK�OfiZCJufy 17, 1997 Kensington, CA 94707 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. eeHHIL ATCHtELOR, Clerk DATED: June 20, 1997 Bll: Depu y II. FROM: County Counsel TO: Clerk of the Board of Supervisors f� 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: VW 46b, .tin� .C,o Dated: % 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 (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: 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. * 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 meAtioned, 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: 9 BY: PHIL BATCHELOR by yO_L�Deputy Clerk CC: County Counsel County Administrator Ciai 'to: BOOM OF SUPERVISORS OF CbNTRA COSTA C(Y&M INSTRUCTIONS TO CLAIMANT A. Clam 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 na_me 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 RE: Claim By ) Reserved for Clerk's filing stamp Je ri RECEIVED Against the County of Contra Costa ) JUNor CLERK BOARD OF SUPERVISORS District) CONTRA COSTA CO. Fill in nares ) 7he undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the, sum of $ / ` 2-o. y c> and in support of this claim represents as follows: 1. When did the damage or injury occur? -(Give exact date and hour) Cl ,, - ,cam �'cLLS P, ..� ��1» /f� f G s �� vi ate, r' �t c. 2. Where did the damage or injury occur? (Include city and county) f_ kc -b"k �v�r�i 1 h,� -�r�t' yt 1. 9 (5 r_ ..C1. c 3. How did the damage or injury occur? (Give full details; use extra paper if required) J 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? r-- wnat are the napes of counLv or' distr.ict officers, servants or employees causing th,e -damage or injury? 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.)" S. Names and addresses of witnesses, doctors and hospitals. iluqP 1) 71 17 9. List the expenditures.you made on account of this accident or inJury: DATE ITEM AMOUNT -� ZY 0 Z! r f G,ov. Code Sec. 910:2 provides: Y < X'o 3JI The claim must be signed by the claimant SEND NOTICES T0: (Attorne ) ;' ,:. or Pr some person on his behalf.' Name and Address of Attorney Claimant's Signature . 3 -e vac,v-01 (Address Telephone No. Telephone No. 1"l IJ.2 7 " l 1+9 G, NOTICE` I Section 72 of the Penal Code provides: "Every person who, with intent to defraud, presents for allowance or for payment. to any state board or officer, or to any county, city or district board or officer, authorized to allow or pay .the. same' if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, .or by imprisonment in. the state prison, by a fine of not exceeding ten thousand dollars {$10,000, or by both s=11 i risonment fine_ l Landscape Architect # 3595 / Landscape Contractor # 538642 Sebetimani residence. 9 Beverly ct. Kensington CA. 94707. 6.3.97. Assessment of damage to garden caused by stormdrain overflow. Observations from site inspection on May 27 1997: Storm drain on Ardmore Drive apparently fails to function, overflow is directed through # 85 ardmore to # 9 Beverly Ct. Storm water flows across the property line over a length of approximately forty feet. The following damages were observed. A].Seventy linear feet of existing stepping stone path destabilized by storm water. B].Top soil and mulch displaced over area of approximately 1,800 square feet. C] . Owner reported loss of twelve established Rhododendron shrubs due to erosion during winter flooding episodes. Estimate to repair damages, with structural upgrade to limit impact of future storm water inundations: A] . Replace seventy linear feet of existing path with dry layed flagstone on 611compacted aggregate base. Install rock curb on uphill side of path to prevent undercutting by water. $ 4,000.00. B].Repair soil grade; install ten cubic yards on planted areas. $ 770.00. C] .Install twelve rhododendron specimens from 15 gallon containers. $ 1,440.00. D].Insurance report by Landscape Architect. $ 150.00. Total estimated cost. $ 6,320.00. Recommendation: Storm water overflow from the street drainage system will continue to impact neighboring properties on a seasonal basis. .I recommend that two alternatives solutions be examined: 1: Upgrade street drainage system. 2: Augment street drainage system with drainage structures that allow overflow to pass through affected properties without causing damage. Auxiliary drainage structure should not cause a transfer liability. Hugo Larman (510) 654-2429 Gillian Garro (510) 534-1684 1171 BAY VIEW AVE . OAKLAND , CA 94610 ,. CLAIM V • /Y BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA July 15, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your 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: $21775.00 Section 913 and 915.4. Please note all "Warnings". CLAIMANT: Robert Meyer TIJECTE a V 111D ATTORNEY: JUN 2 0 1991 Date received COUNTYCOUNSEI. ADDRESS: 2805 Woodrow Ave. BY DELIVERY TO M149%&ZCA - , 1C, 1c)97 Simi Valley, CA 93605 -in BY MAIL POSTMARKED: June 13, 1997 Certified Mail I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 20, 1997 PpHHIL BATCHELOR, Clerk Bl�: eputy II. FROM: County Counsel TO: Clerk of the Board of Supervisors A-)--,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 III. FROM: Clerk of the Board TO: County Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD ORDER: By unanimous vote of the Supervisors present This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: _ (S 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. * 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: 4Q4 BY: PHIL BATCHELOR by eputy Clerk CC: County Counsel County Administrator JUN-13-1997 09:19 CONTRA COSTA CTY RISK MGT P.01/02 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 gracing 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 Ming 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 Toren. e r +e e e • �► � e e a * e r s e • e if it e e s � � e e • e a e e a e e e e * e e � � RE: Claim By ) Reserved for Clerk's filing stamp RECEIVED Against the County of Contra Costa ) or ) JUN 1 61997 { District) CLERK BOARD OF SUPERVISORS Fill in name CONTRA COSTA CO. The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ 2� '7 � and in support of this claim represents as follows: w�r_YrM�MA�rIrMw�—r-- !•w 1. When did the damage or injury occur? (Give exact date and hour) 1.9+" — ZZ�� , 1997 wr--N__w.w_r—.+wr•vw+�.w�..�rrr+�r..wr�w+�rw—..+riwwrw__—r—_ww rrrwr�r wwwrrww—_ 2. Where did the damage or injury occur? (Include city and county) Z3� EIc.��ne. Dc'�iJ�, C'lec.S4,v�.� ui\1 Cc„n�'c'� Cos�G'• 3. How did the damage or injury occur? (Give full details; use extra paper if required) 10 oc� �n o -��n er P r a P e c�y C-Y'WK ;JIn 'c`n coutc� rno+ d�vc6A �wc�y �rov\ VAae see- at�cl�eo�� rs-r rrrrrrrr.w.rrrrr•wwrrr�••�rarwwr�.—.+a.w�.�rrwrww�+--..wrw w....w..w_— 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? �ra1✓1G�`� �t'ov� Prop�Oc ��eS o �o�S c evtk �a E-1ne 1 (over) JUN-13-1997 08:19 CONTRA COSTA CTY RISK MGT P.02i02 3, what are the names of county or district officers, servants or employees causing the C oq go. r Co S '0. Co a A PU W 1 C (J o r kS 1 t C y 5. What damage or injuries do you Claim resulted? (Give full extent of injuries or damages claimed. Attach two estimates for auto damage. ZS rrrrrr �w _war _w 7. How was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage.) 3. Names and addresses of witnesses, doctors and hospitals. Rho�� W��sc�v� , �3 � C1�; � e• P� . �'N . ��-e �a��> S \ Y-\ l c v C-A 9. List the expenditures you made Onaec=t of this accident or injury% DATE rJEM AMOUNT -Z `i-7 W e.A-e_r v c cu U Y"I av,A �dri; 1A,--y eV- ��- � li 1F � � ii i! !k 1F _iF IF * � i � � if �•� �.� * * f � � � � * i * i � � i * • i # � i � Gov. Code Sec. 910:2 provides: "The claim must be signed by the claimant SEND NOTICES T0: (Attorney) or. by some Berson on. his behalf." Name and Address of Attorney Claimant's Si ure 2$0 S Woo� c'ow 1Q V Address ' Ciel 9.3col� Telephone No. Telephone No. god ' S "7-7 ' 1 �- * * " * " 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 notmore 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 imprisomoent and fine. TOTAL P.02 Attachment to claim for reimbursement of property damage for: Flood damage and subsequent repairs to 236 Elaine Drive, Pleasant Hill, CA 3. How did the damage occur? The county modified water drainage off of the subject property when a recreational trail was installed at the rear property line of the subject property. The sketch blow illustrates the change in elevation before and after the trail was installed. The mound of dirt created to elevate the trail, restricts drainage off of the subject property. A claim was made in 1996 for damage incurred on the fence after the increase in soil adjacent to the fence had caused the fence to rot and collapse. The county reimbursed the applicant for this damage but failed to mitigate the drainage problem. The house and property were flooded with between 2-6 inches of water after a rain storm at the end of January. The damage was not an act of god as there would have been no flooding if the county would have fixed the drainage problem that they had caused. This claim does not restrict the applicant from making future claims against the county for additional damage which is discovered and shown to be caused by the negligent actions of the county or it's agencies or contractors. LDG4� o d A ' %A S dLLFence N0 E> cc C�cQvt-' to I Qropec, tYIL° 6. What damage do you claim resulted. The carpeting throughout the house had to be cleaned and dried cost - $475.00. (actual cost) Repair of drywall and baseboards - $1350.00 estimate Installation of a drainage system to mitigate changes in drainage cause by the county to prevent future flooding - $950.00 (estimate labor and materials. Cl� w CD Q � r I x? I � W O 0 N , CLAIM C ' BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA July 15, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your 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: $7,500 or $2,500 not legible Section 913 i4r^-e to all "Warnings". CLAIMANT: Richard Farr JUIV 2 U IM ATTORNEY: Date received MARTINEZCAI:tF ADDRESS: 377 South 38th Street BY DELIVERY TO CLERK ON June 17, 1997 Richmond, CA 94804 June 16, 1997 BY MAIL POSTMARKED: I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 20, 1997 JAIL BATTCVELOR, Clerk epuII. FROM: County Counsel TO: Clerk of the Board of Supervisors This claim complies substantially with Sections 910 and 910.2. ( ) This claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notifying claimant. The Board cannot act for 15 days.(Section 910.8). ( ) Claim is not timely filed. The Clerk should return claim on ground that it was filed late and send warning of claimant's right,to apply for leave to present a late claim (Section 911.3). ( ) Other: Dated: r 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 ( v) 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 p�, Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that :I am now, and at all times herein meAtioned, 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: ,�� 11 , L3 9 1 BY: PHIL BATCHELOR by Deputy Clerk T CC: County Counsel County Administrator 1 Claim to:.. :. BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY !" INSTRUCTIONS TO CLAIMANT t A. Claims relating to causes of action for death or for injury to person or to per- conal 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. claiin is against a district governed by the Board of Supervisors,' rather than the County, the name of the District should be filled in. D. Tf 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: . Clai By ) Reserved for Clerk's filing stamp /C7FAe ; R EC��VE p Against the County of Contra Costa ) " ` ? 1997 OCLERK BO , District) CONTRA C SUPERVISORS IfLkao-A- OSTq CO Fi 1 in name ) The undersigned claimant hereby makes claim i •tty of Contra Costa or the above-named District in the sum of $ 'and in support of this claim represents as follows: 'L . 1... When did the damage or injury occur? (Give exact date and, hour) �. �a t ------------------ 2. Where d the damage or'injury occur? (Ing city and 'count 3. How did the ge or in- y .occur? ;(Give full det ils; use extra per if required) c �k. /1l ./)l r j L� k�V11 JJ�� e�j�4�" c 1 t «l� . R► 4. What particular act or omission on the part of county or district officers, servants or employees the injury qr damage? J/ wnat 'are the names of county or district officers, servants or employeeZ ';_ the damage or injury? , ales-() 5�-, o (41)te r21 -- =-L1 IVIG ',J- SIVA 5. What damage or injuries do you claim resulted? (Give full—extent of injies or damages claimed. Attach two estimates for auto damage. 1 r C 7. How was a amount claimed above computed? (Include the estimated)amount of any prospect a injury or damage,-) jf = ��( _----- --� ------_�...�-----------------/X --------------- ----- ---- $. . Names .and addresses of witnesses, doctors and hosp ls. _��_ 9. List the expenditure 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 claiman SEND NOTICES TO: (Attorne ) or b so rson on his al " Name and Address of Attorney Clai tis S gnat e Address - 71 ,� Telephone No. Telephone No. J . N\OT\ICE ' 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 tb 'any eounty,. city or district board or officer, authorized to allow or pay' the same if genuine, any false or fraudulent claim, bill, account,• voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by .both such imprisonment and fine. a `• errithew RUMONO HEALTH CENTER i emorial 38th&Bissell Richmond,Ca,,91504 AN® HEALTH CENTERS Fax; y • . t June 4, 1997 ' Richard Farr r. 377 South 38th Street Richmond, California 94804 Dear Mr. Farr: I have received your complaint dated April 15, 1997.You stated that while walking down the hall in the Richmond Health Center on April 11, 1997, you hit your head on a sign that was above the doorway leading to the suite area in the clinic.You also list two employees as witnesses to this event. Uon"further investigation into this incident, both witnesses agree that indeed you hit your head on said si n however,the witnesses also state that you were not looking where you were going, instead you .were looking behind and thus ran into the sign. a, r While we will review if the sign is placed in the most optimum position, we are'convinced that the incident would not have occurred if you were looking ahead of yourself instead of behind you. r• :., t ' 0 If you have any further questions or if I can be of any further assistance, please do not hesitate to -'•.;contact me. " Sincerely, L West County Clinic Coordinator Richmond Health Center 38th&Bissell Richmond, California 94805 V M CONTRA COSTA COUNTY '•� :" IF MCI i ff M%d,i Mo. PU 14,3 v-- WAAWAMAN �AI�A I i 1 11�i lffw FAT }'444 � i M ] ➢LY 5 � mw Ab MM �q ..^.�.... ..- *+mss•.-^.ate-ni!tM.-:...._y,.r,..._.. ..� y� g )� Alex c HIL Q0 r, � CLAIM C 1 I BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA July 15, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your 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: $2,872.66 Section 913 a1Vftft%XFall "Warnings". CLAIMANT: John A. Ballard JUN 2 U 1997 ATTORNEY: DCOUNTY COUNSEL Date received MARTINEZ CALIF. ADDRESS: 40034 Barbara Street BY DELIVERY TO CLERK ON June 18, 1997 Fremont, CA 94538 BY MAIL POSTMARKED: Hand Delivered via: Risk Mgmt. I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 20, 1997 EVIL BATTCHELOR, Clerk 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: l //'V7 BY: �N4� r � Deputy County Counsel I 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: 15- 91 PHIL BATCHELOR, Clerk, By I Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR byIA Deputy Clerk CC: County Counsel County Administrator r r Clair- to: B3APM OF SUPERVISORS OF CONTRA COSTA 0Ot3Ni'lt IRS UCTIONS TO CLAIMANT A. Clam relating to causes of action for death or for injury to person or to per_ zonal property or growing crops and which accrue on or before December 31, 19$7, must be presented not later than the 100th day after the accrual of the cause of actio.. Claims relating to causes of action for death or for injury to person Or to Pe"-Onal Property or growing,crops and iWch 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 1061 County Administration Building, 651 Pine Street, Martinez, CA 94553. C. If claim is•against a district governed by the Board of Supervisors, rather th4n the County, the riam-e of the District should be filled in. D. If the claim is against more than one public'eiitlty, separate claims must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal Code See. 72 at the end of this :ate. RE: Claim By } Reserved for Clerk*s filing stamp - JOW 4. )jAL(_AIZ D ) RECEIVED � Against the County of Contra Costa 1997 or f t CLERK BOARD OF SUPERVISORS District) CONTRA COSTA CO. Fill _ - ln name geed 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 Hate and hour) 2. Where did the damage or injury occur? _(Include ,city.and c:awty) 57• 6 ,h eS r,2aA,, neo / 0/0' _ l v� �1AJ0k0L57- 16.��e �` -Z)V02 A)AV t r..S1 lave- XL/_► , 3. How did the damage or injury occur? (Give full details.- use extra paper if required) u. What particular act or omission on .the part of county or district officers, servants or employees caused the injury or damage? �� ,� 77A GWC2--s -5,., wnat are the n?-mes of counLv or distract officers, servants or employees causing the cam-age or ;r,ju y? 5. Uhat damage or. injuries do you claim resulted? (Give full extent of, injuries or damages claimed. Attach two estimates for auto damage. 7. Hou was the amount claimed above computed? (include the estimated amount 'of 'any prospective injury cir ,damage. F v ' $. %lames and addresses of witnesses,,, doctors and hospitals. (C f -ks P. .� C- ` 3 9. List the expenditures you made on account of this accident or injury: DAT—E '"ITEN3 A2 }UtdT Gov. Code,Sec. 910»2 provides: "The claim must_ be signed by the claimant SM NOTICES TO: (Atto_rne ) or -some on his behalf." Name and Address of Attorney =. ..,..... Claimant's Signature . r � . 1IL r m; s -(Address. C Telephone No. Tea dphone`No, adi, AA 57o O T C E 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 rnot 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 and fine- County Administrator May 28, 1997 Risk Management Division 651 Pine Street, 6th Floor Martinez, CA 94553-1290 Atten: Julie Aumock Dear Ms..Aumock: This claim is a result of a motor vehicle accident that occurred on February 16, 1997. The accident resulted in significant damages to my vehicle with injuries to my wife and myself caused by unsafe road condition. The accident occurred while traveling on Pinehurst.Road, at approximately 15 mph, in a narrow, uphill turn when our Gold Wing SE motorcycle suddenly just went out from under us. Our motorcycle hit the ground on the left side throwing both riders off the motorcycle. We landed in the middle of the road, in the middle of a blind turn. The motorcycle ended up facing the wrong direction in the middle of the street. A very unsafe situation. We were both wearing protective clothing, full face helmets, leather gloves, boots and jackets. We were riding very slowly because the road is narrow here and also due to the number of bicyclists and pedestrians on the road. After picking ourselves up from the road it was difficult to walk or stand because the road was so slippery. Lifting the motorcycle upright, to move it to a safe location off the road while we attempted to regain our composure, it was apparent the road surface had been oiled recently as it was still wet and extremely slippery. Our pants were coated in oil. There was a coating of oil on the left side of the front and rear tire sidewall and oil sprayed on the motorcycle, so it was clearly fresh oil. We warned several bicyclist of the oiled road as they rode past us asking if we were okay? The road was completely coated with oil across the entire surface from edge of pavement to edge of pavement. After several minutes past we regained our composure, checked for broken bones and determined we had to either continue riding or call some one to pick us up and trailer our motorcycle home. Although extremely sore we continued. I did not want to ride back through the oil again so we continued on our route towards Skyline Boulevard. There was more oil trailings at several locations on Pinehurst Road as we continued towards Skyline, mostly in the turns. This is a very dangerous condition. It appeared as if an asphalt oil truck or chip seal oiling truck had sprayed, then spilled oil at several locations, going up hill through the turns on Pinehurst Road as the oil spreader bar trailings are clearly visible on the road. We had ridden this same route as preparation for a road rally pre-ride check on January 19, 1997 and there was no problem with this section of road, or the entire route. It was dry and in apparently good condition at that time. In fact our ride on this Sunday was taken to confirm our rally directions and check millage for a GWRRA motorcycle fund raising ride planned for later in June. After this accident we changed our ride route to a completely different area. I reported the unsafe road condition immediately following the incident to a Police Officer we passed on Skyline Boulevard. I felt because there was no traffic control warning signs, warning of the oiled street condition, or that road work was in progress others may also be injured. The Police Officer identified the correct street location and left to observe the condition. On Monday, February 17, 1997 I reported the road condition to Alameda County. Later, I was notified that the accident location is in Contra Costa County maintenance jurisdiction so on Tuesday, February 18, 1997, I reported the accident location and road condition to Tom Borman, of Contra Costa County. I work for the City of Palo Alto,Public Works Department, Operations Division, and I know Tom Borman by association through the Maintenance Superintendents Association. Later that day I received several telephone calls from the County, one from your office and also calls from Duane Currey and Ralph Woods, regarding the unsafe road condition. Dan Pellegini called me on February 19,1997, he assured and the road condition would be corrected as soon as possible. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? The cause of accident is Contra Costa County failure to maintain a safe road, failure to provide proper road condition warning signs, failure to maintain the proper coefficient of friction on the road surface and failure to maintain clean or complete work in the street. There should have been several traffic warning signs prior to and following the unsafe location at the site of the oiled road, or road work ahead signs, or warning signs of the condition of the road surface. It appears that a street maintenance oil truck went up the road spilling oil or oiling the road but the chip truck or sanding truck did not follow. As I stated the road was okay in January. What damage or injuries do you claim resulted? Give two estimates for auto damage. I called to confirm the damage estimates could be provided by motorcycle repair shops as auto repair shops would not work in our case. Damages: Total damage claimed is $2872.66 Injuries: My wife was thrown off the bike landing in the street on her face, hands and knees. The motorcycle landed on her left foot. She received severely bruised ribs, bruised left leg, left elbow, left knee and her chest. She was black and blue from her left foot to her waist and her left arm for several weeks. She also injured her hands. I was also thrown off the motorcycle, but because I was holding the handlebars and throttle as the bike went down, I was extended like superman flying, exposing and landing on my left side rib cage. I received severely bruised ribs, bruised chest, left leg, left knee, left shoulder and left arm. We were both sore for weeks, unable to sleep. I am still unable to play golf. My wife still complains of pain in her ribs. How.was the amount claimed above computed? Damage estimates are submitted based solely on repair estimates to our motorcycle. No claims are being filed for personal injuries. Copies of all estimates attached. Two qualified Honda, Gold Wing motorcycle repair shops provided estimates of damage to the bike and two suppliers of motorcycle helmets supplied quotes for replacement of my wife's damaged helmet. The pin stripping is an estimate based on our actual cost when the helmet was painted in 1994. The pin stripper lives in Florida, travels to rallies across the country so we are unable to contact him for an estimate but the helmet pin stripping matches the motorcycle and my helmet. This helmet will be painted to match when we can locate the Scarecrow. Total of both lower repair estimates plus estimate for pin stripping helmet at our actual cost in 1994. Two damage repair estimates for.motorcycle: 1. Wing Nut, $2198.66; 2. Honda of Milpitas, $2332.10 Two estimates for wife's helmet: 1. Road Rider$692.69. 2. Honda of Milpitas $539.00 Painting, pin stripping helmet by Scarecrow. $75. Names and addresses of witnesses, doctors and hospitals. No witnesses. The medical expenses were covered by our medical insurance and time off from work was covered using sick and vacation time. List the expenditure you made on account of this accident or injury. Only time off work to obtain two estimates for damage. No other claims are being filed. We request approval of this claim so our motorcycle can be repaired to the condition it was prior to the accident. Our motorcycle is our pride and joy and it was in perfect condition at the time of the accident. In closing I am a very experienced, safe motorcyclist. We have ridden over 30,000 safe miles on this motorcycle. My wife and I are members of the Gold Wing Road Riders Association (GWRRA). I have attended motorcycle Experienced Rider Course (ERC) training through Motorcycle Safety Federation (MSF). We are Chapter Directors for our local GWRRA chapter and safe riding and safety in general is a major concern of our motorcycle organization. You can contact me by phone during the day at my office in Palo Alto, 415-496-5935. Or leave a message on voice mail at home 510-657-9272. Thank you for your prompt reply. Sincerely, John A. Ballard John A. Ballard 40034 Barbara Street Fremont, CA 94538 Attachments: 4 Repair estimates. GWRRA Chapter CA2Q Poker Run directions sheet. ROAD RIDER 1320 MOTORCYCLE ACCESSORIES 2897 Monterey Highway SAN JOSE, CALIFORNIA 95111 (408) 227 6936 - ❑SERVICE Q PICKUP PHONE REPAIR IN DATE OF OR { [3 INSTALL Cl DEUVER Q HOME Q SHOP :c NAME DATE PR ISED fl lc � ADDRESS APARTMENT CITY DATE OF ORIG.INSTAL. MAKE MODEL SERIAL NO. ESTIMATE Q WARRANTY Q CONTRACT NATSEE URE OF QCASH R . REQUEST /./ ❑CHARGE Lam-- v 1 jL`II QC.O.D. QUAN- PART NO. DESCRIPTION PRICE AMOUNT i. SERVICE PERFORMED TOTAL MATERIAL O() / TECIINICAL SERVICE ✓ TIME J ('"} oarE COMPLETTAX 1ED CASH OF WORKLETION TOTAL !!r INVOICE COPY I hereby accept above perfo d service, and arges, as being satis- I factory and acknowledge th a uipm nt h left i od c dition. �"Technician.1..,./ f V(:` i`' Customer's Signature See reverse side for aranty Vit: ias 166 Sr?,r0 Mair Street Milpitas, CA 9,5035 . 2 (4@ i tnr4S.�r J.� uk`ri. ' SERVICE ESTIMATE Estimate for 6ALLWD, JOHN 40034 BARBARA ST F REM OOT, CA 94538 533 hue Ph,a^e 510 657-9272 Work 415-496-5935 Eat UAld by PETE 610[y, Tait `°'i Hu!�u;? GL.15 K-E Rcf3 M VINi 1HF :2242nA.+@00b1 nDi.ne Key Plate Pio 66141% DESCRIPTION OF PROBLEN-1 DO E:iiH.,;1 c.at PARTS WORMATION ld k `-'�Y`'d Awnr Part 1 27;46 _ N5 r,_r3 WINKER- - r S•Ju 8 ^u moi: 1 44211CGUER, LK FR,{ WHEEL 1 '21L X2,:21-MN5-i.00 GUAR✓, Lf, _N 1� _ _0, 1. 84.s y0 ,s.r !Aa, vt;AZ.J, Li't :,AL-Did _. 84it'RJ 6 El:•Tt.F1( FKS':`'i'.. I L K It 0._ 1 18.26-MN5-00b7U PRGTECTtGR *R1 14,'.4u 1 hi 0, ;3 1 18415-N54701v PROTECTOR *Rt99C* M&60 MO `I0.!N—MN5-000 BOLT,iE_Alv1tE _y1 !, 44 _,_4 8 i�1�.3-6tL�� W1'C ECP„ rLT i a 8 _ r R� 115 11 1 18410-14W5400 MUFFLER CGMPK, LK 17 .r'6 176. 1 5105.E°--W4-00@ BAR, SIDE ST(IND 5197 097 '9? 1 5:� —ti4v4c + .^iSI1 { iMt t 781 /� �} .tiib� I^rc❑ ',,EA rrp+• G PIFUL ..�1 ,rpt°:?.o�+,• .. C4?vi—Y.S 1�"Z�C''� •f'•_�Plicit ',,EAR F..1�i43 1 5�1S1?�-MN5-2k!.ut _GVER,51 LN -."A'43 It 41 17. i8a-.,o�'tc:�--rk� Lt:Li-WhSH;:R i�J<c5r - .• .79 1 `3 6� -OB BOLT rEkEt 3 ;A` & 53 1.,' 1 81424- F TtB N SX36, LE *R17K,". `12S.28 `2;,21 i 'b8i81-MtT$-E°E1 aUNDERC-Nk, C!iROXF lay lum �wR .M' } �\ ;1 b�131Y �Yii";^i r , Jets end PLB�R kf kE ENG GAURDS 60.00 *� 4- REPLACE.REAR SADDLE GAURD 00 HL? REPLACE•FPI.TUFN LENS "LB REPLACE FR, WHIEL COVER G0 HLB REPLACE EXHAUST COVERS h!B REPLACE 1, J LER 3.&tht�i HLS REPLACE LR SADDLEBAG1c�.Ok) P"ll' i 1. p i t, 1pitas, Co 1@35, SERVICE ESTIMATE Pace 2' Estizate for T1,AL LPR!) TC4-Tv' thy Unit 94 iWOR K1 .L._ F' rt._S. m- ESTIMPIEU&STS Part 1 a 2.4o Ub,,r.... 3uppiioS5 C'tc, Wei Tam— 13K 7-1,1 7��,ri2ry 2t',th, �Y,7 po I E NID 1 HUE RED TE DWAIER NIED 50 MOTE BUCK SIR1te3 EUNWE IS TW..-, -S*Ti�4';i-L F0P. TEAl?RDv,3;-4N ONLY? YES NO �*'JLD YGI,', T5 SAE CID PPiRTS FOR No TMS EUMV7 hA-BE i.S wC i TO STATE iv'ASTE F11,1S.- ALL PARTS RMLOCED REPAIRS BECOMEE THE PROPEil-i-TY OF 4.0-N, BAR NO: Am M027 EPA NA 149@0 FED TAY llrj- 77--@--,75o6--/ SIGNED ..... ........ .......... ...................... CONITACI PH FX 406-263-2S15 't F ,i.k t I: 5r, La}, P, :'a,, Naber 2nd pirtl Sri: ;,a# Description Sold Nrw Suc OrdEr Bir, 1 ,3 xoomcoW Dom-gp� O aO�Dn LA T . !-t om c z m m m m- m e S 1, � (� ,y' �. - h C, n �j e �c ?C -+� � r� m cn hOoo Q- Q- r r S ori r z D Nmc�N�n D m cn �I ao r. Nn>�1x v ('r fi cn o f -,l m D mx ZEN U) n�Dcnm�^ 5� w' 4` z m m v c N tom-4-nz �. C >v t.1 r c p zaOx0 mm��x 3 A D� R C vi�m�r 3 m m m v c `, (J4 �v w C zw O amvv oQ o m < m �+ m m o Z y m x G) zz C �om _ - S-- m cn O1, o ° m � � ' J � G) :um M = ra e� z mD C j mm5 M -r' DN) 19 ems X -� `ri e � , n a C m ✓ z 1z N CJ 5..�. C EO DPc oo�c�amz n O ❑ ❑ ❑ 0° co Q om HIT�v O M � �wat � m Qi < m a = r0 mc�5m " °� �� cD � CD gSzs z Gni 'az as •► a�� O a m Wo H�cN DA. N 0 031' St, -aim m Cm, o o �- cr N'OUm to f t X D'IN �. tj a f O sem. �q� ga -i N - . ^.�` 9r4`R"'fY'm .a, m ron 61 �nOON� mzoxv .'e 7 ^ .. MIS N ".�$. ° gar.. •� � oH 3 m y �a a �l 41 z 3 xN � d t ° m C ,`Cm m a ='sem ❑ Z m \ �► `z,< '� a. x 'S .aQ _ •.n CJS m o e Wv "Re"54 IChW IC CD r0 n r . —1 m vm 0� y �� N mm ao ro0 m n g o o m w m mN p _ spa a 4 9*.�4 s �� : 4Q Off^ c CL all c w« r �1 AROCC-365.4 GWRRA CHAPTER CA 2Q JUNE 8 1995 • �� ' � POKER RUN San Ramon CA. Direction For Left Bollinger Canyon 1.8 miles Left Norris Canyon 3.8 miles v Z Left Crow Canyon Rd. 3.3 miles D Right Cull Canyon 0.2 miles Left Heyer Ave. 1.1 miles Right Redwood Rd. 9.1 miles r coun;e � r Right *Pinehurst Rd. • 6.7 miles d ora a,canyon,oaklan Skyline Blvd. •" t��(. ,Fj vZ� /�Jyi� Sibleomfoy Stop Right y m e Sible Park Right Grizzly Peak 3.8 miles ilden park Right South Park Dr. Left Wilcicat Canyon Right Central Park Dr. Follow Signs to Merry-Go-Round -Comfort-S Left Leaving Merry-Go-Round ,_ Right Shasta Rd. f-)<j ;'�1- L. Left Golf Course Rd. Left Grizzly Peak. .4 m ies a'... Left Skyline Blvd. ✓ Left at Joaquin Miller to stay on Skyline Left Redwood Rd. 123 ; Left Castro Valley Blvd. Straight . Dublin Canyon Rd. miles Right Foothill Rd. miles Left Bernal Ave. 1.8 miles Left Straight Gay Nineties Pizza Co 846-2520 y 2)l3 - -7oo5 335- cSC,v�y�. GAS(w��%tis �y cy� 3 �- l h� � l CLAIM (1-814 BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY, CALIFORNIA July 15, 1997 Claim Against the County, or District governed by) BOARD ACTION the Board of Supervisors, Routing Endorsements, ) NOTICE TO CLAIMANT and Board Action. All Section references are to ) The copy of this document mailed to you is your 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: $1009000 Section 913b a all "Warnings". CLAIMANT: Leonard J. and Frances S. Van Noord �J ,,uw z U 197 ATTORNEY: Thomas R. Van Noord COUNTY COUNSEL 3294 Royal Drive Date received MARTINEZ CALIF. ADDRESS: Suite 201 BY DELIVERY TO CLERK ON June 20, 1997 Cameron Park, CA 95682 BY MAIL POSTMARKED: Hand Delivered I. FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. DATED: June 20, 1997 BUIL BATTCHty ELOR, Clerk 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: _T��l y�2 BY: / ,l �i�J �t.�h'�� 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 ( A This Claim is rejected in full. ( ) Other: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated: S PHIL BATCHELOR, Clerk, By l Ind, Deputy Clerk WARNING (Gov. code section 913) Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. * For Additional Warning See Reverse Side Of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I deposited in the United States Postal Service in Martinez, California, postage fully prepaid a certified copy of this Board Order and Notice to Claimant, addressed to the claimant as shown above. Dated: BY: PHIL BATCHELOR by eputy Clerk CC: County C nsel County Administrator RE: Claim by ) RECEIVED Leonard J. Van Noord and ) EJUN::201997 Frances S. Van Noord ) Against the County of Contra�osta ) ClFRK BOARD OF SO'. ;a� s or ) CONTRA COST1"A C� , District) The undersigned claimant hereby makes claim against the County of Contra Costa or the above named District in the sum of$100,000 and in support of this claim represents as follows: 1. When did the damage of injury occur? The damage and injury has been ongoing and left unremedied as of March 18, 1997. 2. Where did the damage or injury occur? 3134 Diablo View Road, Lafayette, CA 94549 3. How did the damage or injury occur? Contra Costa County approved development plans which changed water drainage. 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? Contra Costa County failed to properly check drainage plans. 5. What are the names of county or district officers, servants or employees causing the damage or injury? a. Public Works Department; b. Flood Control Department; and c. Possibly Building Inspection and Planning Departments. 6. What damage or injuries do you claim resulted? a. Substantial loss of property value; b. Loss of land use because property remains wet through late July or August; c. Property is a breeding ground for mosquitoes; d. Damage caused by continuing street run-off which contains silt, garbage, and unwanted chemicals; and e. Maintenance of temporary drainage ditch. f. Continuing nuisance and "taking." 7. How was the amount claimed above computed? The current estimated cost to correct the Van Noords' damage is $100,000. 8. Names and address of witnesses, doctors, and hospitals. a. Dr.Jeff Smith(former Supervisor) b. Mr. Ron Harvey, Risk Management c. Mr. D. Barry, Community Development d. Mr. V.Alexeef, GMEDA Director e. Harvey Bragdon, Community Development Director f. Mr. N. Baligod, Building Inspection Department g. Mr. Walford, Public Works h. Mr. Kubicek, Public Works i. Mr. Harrington, Public Works j. Ms. Melissa Morton, Public Works k. Mr. Robert D. Agnew, Public Works 1. Mr. Robert Connor, Public Works m. Mr. Stan Matsumoto, Public Works n. Mr. T. E. Burlingame, Public Works o. Gale Jirik, Mosquito & Vector Control p. D. B. Flett&Associates 1655 North Main Street, Suite 310 Walnut Creek, CA 94596 q. Bryan&Murphy Associates 5000 Executive Parkway San Ramon, CA r. Dick Witzel, Water Quality Control Board, Oakland, CA s. Mr. Barton Hosman, Diablo View Road, Lafayette, CA 94549 9. List the expenditures you made on account of this accident or injury: Date Item Expenditure 9-2496 Consultation with D.B. Flett $350.00 3-6-97 Consultation with D.B. Flett $105.00 7-96 Contra Costa County Flood Control $30.00 Photocopies 1-31-97 James T. Straw,Attorney $175.00 Gov. Code Sec. 910.2 provides: "The claim must be signed by the claimant SEND NOTICES TO: (Attorney) or bv some verson on his behalf," Name and Address of Attorney i Thomas R. Van Noord, (Claima s Signure) 3294 Royal Drive, Suite 201 , Cameron Park, CA 95682 ( ddress) Telephone No. 916-677-9487 Telephone No. /5/®) y43 :052- 61f 7- 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 of officer, or to any county, city or district board or officer, authorized to allow or pay the same if genuine, any false or fraudulent claim, bill, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more than one year, by a fine of not exceeding one thousand ($1,000), or by both such imprisonment and fine, or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,000, or by both such imprisonment and fine.)