Loading...
HomeMy WebLinkAboutMINUTES - 05251999 - C18 CIAIM BOARD OF SLTXRUSQRS OF CONTRA COSIA, COUNW,_AI ffcJ0ffe BpARQ A06 Mlay 25, 1999 Clain) Against the County, or District Governed by � the Bard of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document marled to you is your California Governrnent Codes. ) notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), given pursuant to Government Code Section 913 and 4 - 915.4. Please rote all 'earnings„ AMOUNT: Hnspecified CLAIMANT: ieff J. Hurt �(SEL C, o Scott. A. Tho?ris ATTORNEY: 1700 Ygracio Road, Ste. 210 DATE RECEIVED: April 26, 1999 Glalnut Cree CA 94598 ADDRESS: BY DELIVERY TO CLERK ON: April 26, 1999 BY MAIL POSTMARKED: Hand-delivered L PRONE Clerk of the Board of Supervisors M County Counsel Attached is a copy of the above-noted claim. April 27, 1999 PHIL BAT LOR, Clerk Dated: By: Deputy IEE. FRONL County Counsel TO: Clerk of the Board of Supervis s (P 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: / g� BZ7y" o Counsel IICI. FRONL• Clerk of the Board 1) I unty Counsel (1) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV. BOARD +ORDEE : 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:P6;- � c' PHIL BATCHELOR, Clerk, ByZ _+5a1­_�,_.1J­1 Deputy Clerk WARNING (Gov. code sectio 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 A AnIN+G I declare under penalty of perjury that I am now, and at all tunes 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-rM e 24-, B PHIL BATCHELOR B By: y Deputy Clerk CC: County Course: County Administrator RECEIVED PR 19 9 LAW OFFICE OF SCOTT" A. THOMAS CLERK BOARD OF SUPERVIS0,S 1 700 YGNACIO VALLEY ROAD SUITE 2 10 MAILING ADDRESS WALNUT CREEK, CALIFORNIA 94598 P.O. BOX 50789 TELEPHONE (925) 280-08 12 WALNUT CREEK, CALIFORNIA 94596 FACSIMILE (925) 945-0518 April 26, 1999 County of Contra Costa Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 Reference: Jeff J. Hunt, Claim Against Public Entity, Government Cade 900 et cet. Dear Clerk: The above referenced claim is being filed at this time due to the upcoming expiration of the time in which to file the claim. This is to notify you that we have a meeting scheduled with the involved parties on Tuesday April 27, 1999 at 1:00 p.m.. We hope that this meeting will resolve this matter, and we will not have to pursue this claim. If you have any questions, please do not hesitate to contact me. Sincerely: Scott A. Thomas 1 LAW OFFICE OF SCOTT A. THOMAS 1 700 YCNACIO VALLEY ROAD SUITE 2 10 MAILING ADDRESS WALNUT CREEK, CALIFORNIA 94598 P.O. BOX 5069 TELEPHONE (925) 250-08 12 WALNUT CREEK, CALIFORNIA 94 596 FACSIMILE (925) 946-05 18 April 26, 1999 County of Contra Costa Clerk of the Board of Supervisors 651 Pine Street, Room 106 Martinez, CA 94553 Reference: Claim Against Public Entity, Government Code 900 et cet. Jeff J. Hunt hereby makes claim against Contra Costa County and makes the following statements in support of the claim: 1. Claimant's post office address is 122 N. Broadway, Space 18, Bay Point, California 94565. 2. Notices concerning the claim should be sent to Jeff Hunt c/o Scott A. Thomas 1700 Ygnacio Valley Road, Suite 210, Walnut Creek, CA 94598 3. On April 27, 1998, Nancy H. Wenniger, from the Public Works Department, telephone Mr. Hunt. She told him that as part of the North Broadway Revitalization Project, which was funded by the Redevelopment Agency, Solano Avenue was going to be widened. She told him his mobile home, located in Bob's Trailer Park, encroached into the right of way and would have to be moved. My client did not purse the matter because shortly after he received this telephone call, the park manager told him the owners had takers care of the matter. On February 2, 1999, Henry Cox, of the Building Inspection Department, sent the park owners a letter reference the requirements to relocate the mobile home. On April 9, 1999, J. Michael Walford, of the Public Works Department, sent Claimant a letter, dated March 8, 1999, demanding his mobile home be moved. On April 9, 1999, Tim Griffith, of the Building Inspection Department, sent the park owners a "NOTICE AND ORDER TO ABATE." l 4. Claimant's mobile home has been in its present location since 1971. If the mobile home is moved it will be required to meet current regulations. Under the current regulations, which were not in effect when the mobile home was installed, a mobile home must have a permit to be located in a trailer park. Henry Cox, of the Building Inspection Department, stated, in a letter to the park owners, that such a permit would not be granted by the County. In addition, even if such a,permit were granted, the cost of bringing the mobile home pad, utility connections, and park roadways up to code are cost prohibitive. 5. Due to the age of the mobile home, no other mobile home park will accept it as part of a new lease. To require Claimant to remove the mobile home from the park would in effect destroy the value of the mobile home. Claimant will both be displaced from his residence, and lose his mobile home. 6. The names of the public employees causing the claimant's injuries are: a. Lourdes Chang Redevelopment Agency b. Nancy Wenniger Public Works Department C. Henry Cox Building Inspection Department d. J. Michael Walford Public Works Department e. Tim Griffith Building Inspection Department 7. Mr. Hunt's claim as of the date of this claim is in an amount that would place it within the jurisdiction of the Court of Limited Jurisdiction of the Superior Court (Formerly Municipal Court). The claim is based on damages in an amount to be proved later. Dated: April 26, 1999 Scott A. Thomas, Attorney for Claimant Dated: April 26, 1999 Jeff J. u. lair ant t 2 0 C3 vl � P C3 CLAIM AR OF SUPER SQRS OF-CONI-IRA COSTA CQ 'TY, All ll~(IRN BOARD ACTI©11 May 25, 1999 Claim Against the County, or District Governed by ) the Board of Supervisors, Routing Endorsements, NOTICE TO CLAIMANT and Board Action. All Section references are to The copy of this document mailed to you is your California Goverm mnt Codes. $ notice of the action taken on your claim by the Board of Supervisors. {Paragraph IV below;, given pursuant to Government Code Section 913 and "Warnings".915.4. Please note all Warnings . ;fns cif ied SYSR'i2"'J Sliy�MYe�4..)Y••a CLAIMANT: Dennis R. Wood ATTORNEY: DATE RECEIVED: April 26, 1999 ADDRESS: 110 Carolyn Drive BY DELIVERY TO CLERK. ON: April 26, 1999 Pittsburg CA BY MAIL POSTMARKED: Hand-Delivered L FRC INE Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. April 26 1999 PHIL BA LOR, Clerk Bated: Pi 9 By: Deputy ® IL FROM: County Counsel TO: Clerk of the Board of Supervi ors ( } This claim complies substantially with Sections 910 and 910,2. ( �} This claire 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, Bated: ZQidZZ Bzz� f�lCounty Counsel { 4a, y M FRO-N- 1-: Clerk of the Board TCP``County Counsel (I) County Administrator (2) ( ) Claim was returned as untimely with notice to claimant (Section 911.3). IV BOARD ORDM— By unanimous vote of the Supervisors present: This Claire is rejected in full. { ) ether: I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date. Dated:_ r PHIL BATCHELOR, Clerk, By ' ' ° , Deputy Clerk WARNING (Gov. code secti 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 1 am now, and at all times herein mentioned, have been it 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: , z-�- :` a 7By: PHIL BATCHELOR By `� r Deputy Clerk CC: County Counsel County Administrator DEPUTIES- Viii 4 OR'l W ES i EY1A 3 PHIL;IP S.ALTHOFF jANI� NTA COUNTY COUNSEL NORA L.A BLOW NORA G.BARLOW B.REBECCA BYRNES ANDREA W.CASSDY SILVANO S.MARCHESoG CONTRA ST COUNTY M.ONIKAL COOPER Ch's @EF ASSISTANT COUNTY COUNSEL MARIE L..EST;S OFFICE OF THE COUNTY COUNSEL MICH E s..FAR MICHAEL D FARR SHiARO !.ANDERSON COUNTY ADMINISTRAT ION BU'c.DING 4;L LIAN T FU.91 AS&STANT COUNTY COUNSEL 651 €INE STREET,9th FLOOR jA NNIS C.GRAVES ANE T L HOi.MES GREGORY C.HARVEY MARTINEZ,fEZ, CAS#FC} IIA 9 K s3-t 2� KEVIN NT KL B .KEADE. NARR EDWARD V.LANE,J;1- ASSISTANT R.ASSESTANT COUNTY COUNSEL BEATRiCc LIU VARY ANN MASON GAYL E MUGGLi VAALLEERIE i.R zANCHE V .R OFRCE MANAGER STEVEN R.RETTIG DAVID F SCHMIDT DIANA J.SILVER PHONE(925)335-1800 SARBARAN.SUTUFFE FAX(925)546-1078 JACQUELINEY.WOODS NOTICE CY IF INSUFFICIENCY .A DDR NQN-ACCEPTANCE 011E CLAIM TO: Dennis R. mood 110 Carolyn Drive Pittsburg, CA.. RE: CLAIM OF: Dennis Wood Please Take Notice as Follows: The claim you presented against the County of Contra Costa or District governed by the Board of Supervisors fails to comply substantially with the requirements of California Government Code Section 910 and 910.2, or is otherwise insufficient for the reasons checked below: ] 1. The claim fails to state the name and post office address of the claimant. ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [ ] 3. The claim fails to state the date, place or other circumstances of the occurrence or transaction which gave rise to the claim asserted. [ ] 4. The claim fails to state the name(s) of the public employee(s) causing the injury, damage, or loss, if known. [X] 5. The claim fails to state whether the amount claimed exceeds ten thousand dollars ($10,000). If the claim totals less than ten thousand dollars ($10,000), the claim fails to state the amount claimed as of the date of presentation, the estimated amount of any prospective injury, damage or loss so far as known, or the basis of computation of the amount claimed. If the amount claimed exceeds ten thousand dollars ($10,000), the claim fails to state whether jurisdiction over the claim would rest in municipal or superior court. [ ] d. The claim is not signed by the claimant or by some person on his behalf. Page 7. Other; The claim fails to describe any duty or obligation of the public entity and any action giving rise to the claim. PLEASE PROVIDE DAMAGE ESTIMATE. ALSO, PLEASE INCLUDE ZIP CODE WITH MAILING ADDRESS! VICTOR.J. WESTMAN, County Counsel B Mputy County Counsel CERTIFICATE OF SERVICE BY MAIL (C.C.P. §§ 1012, 1013a,2015.5,Evidence Code§§641,664) 1 declare that my business address is the County Counsel's offfice of Contra Costa County,651 Pine Street,Martinez,California 94553 lain a citizen of tete United States,over 18 years of age,employed in Contra Costa County,and not a party to this action. I served a true copy of this Notice of Insufficiency and/or Non-acceptance of Claim by placing it in an envelope addressed as shown above,sealed and postage fully prepaid thereon,and thereafter was,deposited this day in the U.S.Mail at Martinez,California. 1 certify under penalty of perjury that the foregoing is true and correct. Dated: .April 28, 1999,at Martinez,California. cc: Clerk of the£Board of Supervisors(original) Risk Management (NOTICE OF INSLFFICIENCY OF CLAIM:GOVT.CODE§§910,910.2,920.4,910.8) Page 2 Chis ;tog NOMW Cid' SC3'FERVIe0R8 OF CONTRA COSTA C.Yr?MMY rxty�ra�G� oxo � crazes A Claims relating to causes of action for death or for injury to person F or to personal 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 caust 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. (Cov*t Code 911.3.) B. Claims must be filed with the Clerk of the board of Supervisors at its office in Room 1136, County Administration building, 651 mine Street, Martinet, 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. L. ZraUd. See penalty for fraudulent claims, Penal Code Sec. 73 at the and of this form. RE: Claim By Reserved for Clerk's filing stamp - _ YilYilr� Against the County of Contra Costa) or ) ) riistrict) K .0_4 .nb �st € t (Fill in name) ) The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sun of � and in support of this claim represents as follows* 1. When did the damage or injury occur? (Give exact data and hour) 3. Where did the d age or injury occur? (Include city a cpunt 3. Row did the damage or injury oc ? (Clive full details; use extra paper if required) i 4. What particular act or omission on the part of county or district officers, servants or employees caused the injury or damage? (over) What are the names of county or district officers, servants or employees causing the damage or injury? r y q(,4 . Shat damage or injuries do you claim resulted? Give full extent of injuries or damages Claimed. Attach two estimates for auto damage.) 7. now was the amount claimed above computed? (Include the estimated amount of any prospective injury or damage. ) a. Names and addresses of witnesses, doctors and hospitals. 9® List the expendituras you made on account of this accident or injury. AMOM Gov. Code Sec. 910.2 provides "The claim must be signed by the c aimant or by sone person on his Name and Address of Attorney ) (Claimant's Signature) (Address) 'telephone No. ) Telephone No. � NOTICZ Section 72 of the Penal Code provides: Seery 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, authorised 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 sore 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.