HomeMy WebLinkAboutMINUTES - 04252000 - C4-C5 ClAINI r 4
BOARD DE SUPIi'RNISORS QE CONTRA CM1A Q TN'T1'. G 1 JJEC) NIA
BOARD AClI 11t APRIL 25, 2000
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 Government Codes. ) notice of the action taken on your claim by the
Board of Supervisors. (Paragraph IV below), given
pursuant to Government Code Section 913 grad
915.4. Please rote all "Warnings".
7
AMOUNT: $132,833.43
CLAIMANT: Alice B. Miller " 'Y ` A UF
ATTORNEY: DATE RECEIVED: March 27, 2000
ADDRESS: 183 Silver Pine Lane BY DELIVERY TO CLERK ON: March 27, 2000
Danville CA 94506
BY MAIL POSTMARKED: Hand-Dp.1 vQr d
L FROND• Clerk of the Board of Supervisors M County Counsel
Attached is a copy of the above-noted claim.
March 27 2000 PML BAT R, Clerk
Dated: ' By: Deputy
II. FROM: County Counsel TO: Clerk of the Board of Supervisors
,,pptcfr�th�.J
( } This claim Jomrplies stibstantially 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).
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Dated: % �V3-cit By: Deputy County Counsel
III. FROM Clerk of the Board "IAC}: County Counsel (1) County Administrator (2)
( ) Claim was returned as untimely with notice to claimant (Section 911.3).
IV. BOARD ORDER By unanimous vote of the Supervisors present:
( This Claim is rejected in full.
( ) Other:
I certify that this is a true and correct copy of the Board's Order entered in its minutes for this date.
Dated: �'PHIL BATCHELOR, Clerk, By , Deputy Clerk
WARNING (Gov. code section 913)
Subject to certain exceptions, you have only six (6) months from the date this notice was personally served or deposited
in the mail to file a court action on this claim. See Governme-M Code Section 945.6. You may seek the advice of an
attorney of your choice in connection with this matter. If yo4 want to consult an attorney, you should do so
immediately. *For Additional Warning See Reverse Side oa`This Notice.
AFFIDAVIT OF MAIMG
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
I —* cle
CC: County Counsel County Administrator
03311802 10 i 22 P. 022
`Ctaim to; BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY
INSTRUCTIONS 10 CILAZIANT
A. Claims relating to causes of action for death or fbr injury to parson or to personal property or growing
crops and which accrue on or before December 31, 1987, must be presented not later than the 10CM 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.
(Gov't 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 Fina 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.
IE, Ems. See penalty for fraudulent claims,penal Code Sec. 72 at the end of this form.
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RB: Claim By Reserved for Clerk's filing stamp
�kL
RECEIVED
Against thy Pounty of Contra Costa or ) MAR 2 7 2000
,�~ )
District) CLERK BOARD OF UPERV OR5
_
(Fill in flame) ) CONTRACOSTACO.
'Ptd . R
The undersigned claimant hr
makes claim against the County of Contra Costa.or the above-named district
in the sum of$ upport of this claim represents as follows;
1. When did the damage or injury occur?(Give exact date and hour)
PT 19 41
2. Where did the damage or injury occur?(Include city and county)
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3. How did the damage or injury occur?(Give full details;use extra{taper if required)
OS/IB/00 10124 P. 009 '
4. ` What particular act or omiaaion on the part of county or district officers, servants, or employees caused the
injury or damage? VAp,,j 1,tAAX - v t U1i.JV ` ' ► w eQ`C �x
�� a ra� �,t�K�t4a.. � �. �. "�a�.. �.�/ ��R..rv�..t; ► � 'T6
OdLf
5. What are the names of county or district officers, servants, or employees causin the damage or injury?
6. 'What damage or injuries do you claim resulted' (Give full extent of injuries or damages claimed. Attach
two estimates for auto damage.) � � Lo o4 �
,-X� `l IRS
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7. How was the amount claimed above computed? tclude the estimated amount o any respective i y tar
damage.) e o N T k Ce Via. ' -V o L
4A.4CI- - V-VJ%A�V�� -v r I=—s; 0
8. Names and addresses ofitnest;es, doctors, and hospitals.
Ra, n�� 1 0
9. List the expenditures you made on account of this accident or injury.
DAT AM
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C'�T *
c7ejq Qqc r4A-,
— J ) Gov. Code Sec. 910.2 provides"The claim must be
} signed by the claimant or by some person on his behalf."
SENP T1CLS TO: ME
Name and Address of Attorney ) ;
(Claimant's Signature)
S i 166,y Y"I/VF- l Jam_
(Address)
Telephone No. }Telephone No- 2,49 ✓�
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Nancy
Section 72 of the penal Coda provides:
Every person who,with intent to defraud,presents for allowance or the paytttimnt to any state board or officer,or to any
county,city,or district board or otYlcer,authorized to allow or M the so=if senilis,any false or fraudulairt¢Jain,bill,account,
voucher.or writing,is punishable either by imprisonment in the County jail fbr a period of not more than one year.by a fine of not
excooding one thousaml(51,00,or by both such impdtonment and fine,or by imprisonment in the state prison,by a line of not
exceeding ten thousand dollars($10,000),or by both such imprisonment and fine.
Blackhawk GHAD
Min
Geologic Hazard Abatrem ht DiStrict;
r�
t'1fV tetrtber 17, 999 ,
s rt f � ii t
Ms. Alice Miller
t (
183 Silver Pine Lane
Danville,CA 94526
]dear Ms. Miller:
As you may be aware, the B acldiawk Geologic Flazard Abatement District (GHAD) has
been working to repair a lmidslide that occurred in ear ly 1998 behind two residences at
tho end of Silver fine Lane. The GHAD was formed in 1986 to prevent andlor repair
landslides within 131ackhawk. Because of the large number cit slides that the Qf1 A.0 nad
to respond to last year as a result oftht heavy"El Nina" rains in February of 1998,the
Silver Pine landslide was winterized .and the final repair project deferred.to this year.
The GHAD's geotechnical consultant, Engeo, lite., San Ramon,recommended
installation of a tied-bask steel reinforced concrete pier wall to repair the landslide.
Contract plans and specifications were developed by the GHAD and a request for
proposals was issued in late August. Bids for the:project were received on Monday,
September 13, 1999. As General Manager of the GI-LkD,we intent to recommend that
the Board of Directors (the County Beard of Supervisors)authorize us to award a
contract and proceed with the repair. Work could begin as early as September Z"r, 1999,
Weather pe;rn`itting, the project will be completed in early to mid-November. Our
contractor has been instructed to have his workers park off-site (not on Silver Pine).
However,since the project involves the installation of over 40 long steel piles (each
approximately 40 feet long), you should expect considerable construction related traffic.
We ask for your patience and cooperation during construction.
If you have any questions about this project or the UHAD ctselt, plemse.do not hesitate to
call. Our Construction Superintendent, Michael Sands, of Sands Constntction will be on
site daily and available to answer questions or respoad to your conceals.
Very truly yours.
William R. Gray and Company, General Manager
Blackhaw•k 4 scold .c Hazard Abatement District
By: William R. Gray
President
1820 BOAWZa Btrest,Suite 204 Walru: C.`roak, C;,aldomis 94596 huh, (926) 974.03436 Fax: (025)947-3177 ghad0v+rgway.Com
ALICE B. MILLER
183 SILVER PINE LN DANVILLE CA 94506
TELE:9 73&3167
FAX 995-736-2149
10-26-99
TO. BLACKHAWK GHAD
A TT.; WILLIAM R. GRAY
WOULD LIKE TO MAKE YOU AWARE THAT IN THE THREE
WEED'S OF CONSTRUCTION, ON 'r"H E HILL ABOVE US FOR
THEIR RETAINING WALL, THERE HAS ,BEEN A LOST OF
VIBRATIONS FROM ALL THE HEAVY EQUIPMENT AND DRILLING
THAT WAS GOING OM.
REASON I AM CONCERNED IS BECAUSE I HAVE TWO SMALL
RETAINING WALLS ON THAT SIDE OF THE STREET WE FELT
THE VIBRATIONS IN THE HOUSE AND OUT SIDE ON MY DECK
OF THE POOL ANIS THE UPPER DECK BY MY BEDROOM.
I HOPE NO PROBLEMS WILL RESULT FROM ALL THE
CONSTRUCTION ABOVE. PLEASE KEEP FOR YOUR RECORDS.
I WILL BE SENDING ONE ALSO TO THE BLACK HA VW ASSOC.
FOR THEIR RECORDS.
4
THANK YOU
ALICE MILLER
t
TO. GRAD
DATE: 12-20-99
FROM: ALICE MILLER
I$3 SILVER. PINE LN
DANVILLE ,CA 94506
I HAVE BEEN TAKING A CLOSER.LOOK AT MY HOME,THERE ARE MANY
CRACKS &WIDING OF CRACKS ALL OVER MY HOME STRUCTURE,
DRIVEWAY,POOL DECKING AND GARAGE FLOOR . AND CAUSED MY
RETAING WALL TO LOOSEN UP .
EVERYTIME I ENTERTAIN OR HAVE PEOPLE OVER I TAKE ABOUT 80 PIECES
OF TAPE OFF MY WALLS IN THE INTERIOR.AND EXTERIOR, WHICH I HAVE
PUT UP FOR YOU TO VIEW THE AREAS . IT IS OVIOUS YOUR HEAVY
EQ►UIPMENT,SEMI TRUCKS ,TRACTORS,DUMP TRUCKS , BACKHOES FOR
A PERIOD OF 3 MONTHS HAS NOT ONLY RUINED MY HOUSE ,BUT YOU
ALSO DAMAGED THE PAVEMENT ON THE STREET INFRONT OF MY HOUSE,
TO A POINT WHERE IT WAS WORE OUT. EVERYTIME THEY WENT UP THEY
HAD TO ACCLERATE,INORDER TO GET UP THE HILL,SOMETIMES THEY
HAD TO MAKE TWO ATTEMPTS,THAT IS WHAT CAUSED A LOT OF
VIBRATION IN MY HOUSE, WHICH CAUSED THE DAMAGE.
ONE DAY ALONE IN A,4 HOUR.PERIOD THELE WERE ATLEAST 20 CEMENT
TRUCKS UP AND DOWN THE HILL,ON THE LAST DAY 'THERE WERE ABOUT
30 TRUCKS UP AND DOWN WITHIN 4 HOURS ,PLUS EVERYDAY HEAVY
EQUIPENT,TRUCKS SEMIS ETC.
PLEASE CALL ME AS SOONAS POSSIBLE ,
21-17464,c-;-
ALICE MILLER
CC TO: BLK HOMEOWNERS ASSOC,
STEVE BEINKE
+/j � � �/yyy�f�JyJ�j�flj/J�t['I�'r �i�jy'y • (!'��-/ ���.*,..,
4126 Blaakhawk Plaza Circle,Suite 230,Canvlfls,Cafif mia Mos
Tslaphorm:(9125)736.6440;FAX(025)7364426
40 L"z•maal Address:bhhoe419$faol.00m
Linda Aoslon,President Mark A.Goldbem,CP1106PCAMm Commpnlly Mans
MEMORANDUM
January 3, 2000
From: Dave Hossfeld, Community Services Director ,
To: All Residents; 142, 143, 183, 184, 189, and 190 Silver mine Lane
Ref: Notice of road repairs on Silver Pine Lane
Please be advised that on Wednesday, January 12th read repairs to the upper portion of
Silver'Pine Lane will be completed. The repair work is scheduled to begin at 8:00 a.m.
and to be completed by 4:00 p.m. All residents at the above addresses are asked to
please park their vehicles down on the lower portion of Silver Pine Lane between thea Cul-
do-sac and Blackhawk Drive, on January 111, the evening prior. Repairs will be
extensive in some areas which will not allow vehicles to use this portion of the road from
7:30, until 4:00 p.m. However, the paving contractorwill allow Homeowners access (on
foot) to and from their homes during the project,
Please make arrangements for any deliveries to your hordes to be made for either the
day before or after January 12". You may also want to inform guests they Fray have to
park and walk up the hill during the hours of they project.
We apologize for any Inconvenience this may cause. Thank you for your patience and
understanding. I may be ieactied at the Homeowners Association Office If you have any
questions or comments.
4125 Slackhawk Plaza Circle,Suft 234,danwNe,California 94W6
Tslephona:(925)736.6440;Fox{825}736-0428
E•mO Addmss:bhhoaCpacbell,nat
Un4ill Mark A.9.21dUm, P AMO ComMgnity Mangger
January 26, 2000
William R. Gray. P.E.
Geological Hazard Abatement District
1820 Bonanza Street, Suite 204
Walnut Greek, CA 94596
RE: Alice Miller- 185 Silver Pine Lane
Dear Bill:
I am in receipt of the attached reports delivered to me by Alice Miller,185 Silver Pine Lane,Danville,
CA 94506. The first report is from Kaslan Associates,Inc.and the second is from Puts Construction.
The Kaslan report specifically says that both the interior and exterior finishes of the home have been
damaged as a result of the vibrations of the earthsrioving/grading equipment. We also have the report
from Puts which talks about the"multitude of cracks that were quite recent looking". This report
also discusses the condition of the retaining wall in 1997 and the subsequent premature damage that
has recently occurred.
I then went back,to the report submitted by ATI, whom CHAD contracted with. In that report Mr.
Lewis discusses the heavy vehicular traffic. He adds the following. "We believe that the vehicular
traffic may have aggravated existing conditions. for example, existing hairline cracks may have
lengthened or widened.
My Board of Directors has asked that I forward these documents to you. I am not an engineer,but
the reports submitted by Ms. Miller seem to strengthen the .findings in the ATI .report, which you
commissioned.
Based on the findings from both of your expert's reports, it would seem prudent to me that GHA,D
should take another look at the claim Ms. Miller is making that her property has been damaged due
to the heavy equipment. On behalf of my Board of Directors I request that you again review your
findings and decision as it relates to Ms. Miller's damages.
Sincerely,
Mark A. Goldberg, CPMZ, PCAM(t
Community Manager
cc: Beard of Directors
C:3G H A MONAD-Mica Mdler.wpcl
Mark Scott Construction, Inc.
2263 North Maim Street
MARK SCOTT Walnut Creek,CA. 94596
construction, frc. ^rel # 925-944=-0502 Fax•#925-944-0908
Contractors License#+682814
a
FAX TRANSMITTAL
tate: �� � 0
From:
Fax•## ea
Number Of Pages To Follow:
Message:
If all pages are not received, please tall (925) 944-05112
This message is intended for the use of the individual to whom it is
cddressed: the information is privileged, confidential;and exempt
from disclosure to other persons under applicable law.If the .
reader of this message is not intended recipient,you are hereby
w�ratut crcrJc
PO, A9norg�ss% notified that any dissemination,distribution,or copying of this
�Ricommunication in error, please Notify us immediately by telephone
�zs1� soy and return the original message to us at the above address via the
«x szsr s sob U.So Postal Service.. Thank you-
Ife.9682$14
TO Mtd Ion8ist400 i-oos mdvw 8O60 V65e6 i I C @00 / 4l O
Mark Scott Construction inc.
2263 N. X%in St.
Walnut Creek, CA $4396
(925) 944-0502
(923) 944-0908
93/24}2000
Client: ALICE MILLRA Res, Ph: (925) 736-2167
Address% 283 SILVER PINE LANE
DAWILLE, ZA 94506
Property Addr: SA14E
Estimator: GRANT COD`s Ras, Ph: (925}944-9502 Ext: 24
Fax- (925)944-0908
Reference: GRETCHEN GORITZ Bus. Ph: (925)847-3658
ADaUSTER
Company: STATE FARM INS`TRANCE
32t iMaCe: MILLER2
File N'urmber: FILE 4 992080
Z0 3F)Vd IomdiSN03 110-5 NHVW 8060bt59z6 cZ:TT 000VtVE0
>�.:�
,
Nark Scott Construction Inc.
ALICE MILLER 03/24/2050 Page:2
Roto Stucco
Stuccos ra3pairaa as per Pub hid i EA
Love staceo repairs include the grinding-out of scratch coat cracks, repairs to the
scratch coat, and complete color coat of e=ntire exterior.
Rooms Drywall
Drywall, repair$ as per Pub hid. I E§
Above bid includes the grinding-out of drywall cracks, replacement of drywall were
necesea,ry, taping, floating, and retextura.
Rooms Concrete
Concrete repairs as per su)a bid l Eli
.Above bid ic?cludes removal and replacement of 1) exterior pool dock w/ drain lines and
rebar, 2) Garage slab w/ necessary Paw cutting and past auppert, and 3) Mriveway at from
entry/curb/gutter.
Rooms Vainting
Painting of interior and exterior eaves 1 EA
Above bid include& all pa.inting/wallpaper or interior surfaces affected and the painting
of exterior eaves/trim.
Rooms Masonry
masanoy repairs ac per bid item 1 EA
EO gCci I'M1!rlJDC 1,oC10g '?i "J4V Sf1b0'b6 �6 S� Tt 00 t-Z/E0� __
Mark Scott Construction Inc.
.ALICX MILLER 03124,12004 Page:3
Continued - Masonry
Above bid, includes work from removal and ret1acement cf individual atones/brick Cape to
the regrouting of joints at the luck yard, frost yard and interior chimney,
Roams Finish Carpentry
Ca::penter _ Finish, Trim / Cabinet - per hour 16 HR
Room; G*ntral Conditions
Post ccnatruction janitorial 1 Z
Taxes, insurance, permits & fees (Bid. item) Open. Item 1 EA
Grand Total 1132,018•&9
GRANT CCDY
ESTIMATOR
8060,,tS9vE 5Z•11 00ff5G/66
l'"Yts COriatruction
ftu rvic Owner
1639 Thft Strert
u%wmwe. CA 04550
pox; W-455-lue
.ismuwy Z4, 1000
1i, Alice Miller
185 51ver fte Lane
511K*1"WWk, CA
I, Miittt I:diNilm PoW received a pt om call from MS.Ailz Millar ioraVIC at 183 5livei?r Pine Leine
in Bilechhawh, CA. Ms, r 4i♦ler rtqud*ed tnat l Come out to her resi tense to Imi0ect a 24101
Migh retelrfirl&wall that i had Wilt In SeptMtrntler 1297 UM) that mapection, aht*ugh the
rt UIr..irg woo that I had wit wi*Stih in 2*W condmon, an Wlvoft 12 lket of retaatling wail
was not, M September of 1997 l recommended tMat,Me Ud tZ tett Of addiWnal retstN%
wall In guestion not be "kbulit due to that tart that it appeared to bet in pod condition, It
should heue legal and#w six or severs gears,
Also, upon the sold tnspotton I noticed a great des! of shifting in and around Ms. Slier°s
exterior.stumo and concrete vmnd the stmt, baer<and right skk of tier home.'there were
a mutt(tm of crate that vAre quits recent-liaokrig. The 3aYtre credit was pulse tviftmt
irelde tPle Hist qk ail Well,
Matt e", rui9
ud i3t t T acep. 7? 'URf 'ON nay Noiio disstaj 5-rci'w wow
KASLAN ASSOCIATES, INC.
STRUCTURAL ► 000TSCHNICAL - KNOINCIE RS
.. 1201 OAK ClgKKK DRiV S, SUITS A
January 21,2010
EIN. 68-0317931
ISA Invoice No.
2K00.011.7AK/JE
HOUSEWARES & FOOD ETC INC
Alice Miller
183 Silver Pine Lane
Danville, CA 94506
Re. 183 Silver Pine Lane, Danville, California
Engineering Services:
Standard (Full) Structural Inspection and Report...................................................... $750
Payment Received(Check No. 1660; Dated 1/17/00) ..............................................($750)
TOTAL THIS INVOICE................ ....... $ 0
Tbank you for using our services,
SE RVtNO ALL Ofr CALIFORNIA SINCZ 10re
TEL t7071 930.1437 c2* t6i00 762.6337 - PAX !7071 020-14 32 • TOLL F$tSX 1600) ACO-KSLN (55760)
Int9FM0t: www.ksOfen.0#rn ► 6-Pn611: keelenoksolon.eorm
STRUCTURAL ENGINEERIIN+G
REPORT
Prepared For:
Alice Miller
183 Silver Pine Lane
Danville, CA 94506
Property Inspection Address:
183 Silver Pine sane, Danville, California
January 24, 2000
Prepared By:
KASLAN ASSOCIATES, INC.
STRUCTURAL--GEOTECHNICAL--ENGINEERS
1281 Oak Creek Drive, Suite A
Sonoma, California 95476
Project Number: 2KOt}_011-JAKJJE
SERVING ALL OF CALIFORNIA SINCE 1976
Office(707)939-1437"—Fax(707)939-1433--Tall-.Free. 800-400-CSLN(5756)
Internet: www.kasian.com—E-Mail: kaslan@kaslan.com
KASL.AN ASSOCIATES, INC. ' !
STRUCTURAL + QZOTCCmNiCAL . ICN*INiCZRS January 24, 2000
1281 OAK CRICSK DRIVE, SUITE A KA Project No.:
SONOMA , CALIFORNIA 00476 2KOOW011-JAX'JE
MUCURALINSEECTION REEORT
Requested By Alice Miller(Owner)
Property Address 183 Silver Pine Lane, Danville, California
A. P. N. N/A
Inspection Date Monday,January 17, 2000
Engineer Jason Edwards, Staff'Engineer
Parties Present a)Alice Miller (Owner)
Weather was Cloudy & Rainy
Purpose of the inspection: _x_full structural foundations drainage
limited structural other:
SCOPE:
Y—es lantgadMems
(to the extent visible and/or accessible)
_X_ ___._ Visual observations of the interior and exterior building finishes for
excessive cracks & deformations
_x_ __, Visual observations from the exterior and the crawlspace for excessive
foundation cracks, settlements, framing displacements, moisture intrusion
and other structural problems
Visual observations of the concrete garage and driveway slags, patios and
walkway adjacent to the building
_x_ Visual observations of deck(s) and/or retaining wall(s)
_x_ The measurement of floors, the walls and the door and window frames for
out of levelness and plumbness, using a four foot carpenters level
_X_ Manometer Survey
_X_ Review of the available/relative documents (reports, drawings, etc.):
• StrucWal.DL4_Ajng§bx Degign QMpany dated 4117181
wk GHAD dated 9117/99
• L e=r Re: land g_vvement by Blackhawk Hol o t 2=2
• Memoran "ill Re' road M24im by RlackhLwk HO,&dated 113LOO
• R=onse to darnagg claim by Statt Fa= In&M= Cu.dated 1/10100
• Letter Re: reWnWg wall movement by h is C=truggon datt;d 124100
SZ RVIN0 ALL OF CALIlrC)RN1A SINCE 1&7;
TRL r7O7} &3s-1.b37 on tS101 763-6337 • 1rAX 4707) 030-IA33 • TOLL FREE 1400) 4040-KSLN M7561
1Mt*rr *G! WWW,ktlsisn.COrM - E•rmoil: keeisnokssisn.com
KA Project No. ZKOO-011-JAK/JE 2 .r •.. -s
The following items are not included in this inspection unless circled: .l
1. The visual observations of roof, attic, fireplaces and chimneys, fences, detached storage
structures, play structures, other auxiliary structures, swimming pool, concealed and
inaccessible portions of the structure.
2. Testing of the drainage system.
3. Testing of plumbing and irrigation lines for leaks.
4. Verification of permits.
5. Destructive investigation.
6. Structural analysis and calculations.
7. Material and/or soil testing.
8. Structural pest control.
9. Review of construction documents (unless noted).
DEFINITION OF TERMS:
Structurally significant: Having a direct influence on the structural integrity of the
building or one of its structural components.
Levelness and plumbness criteria: Commonly accepted construction tolerances for new
construction is 1 inch in 20 feet(slightly less than 1/4- inch in 4 feet).
Efflorescence: A deposit of soluble salts, usually white in color, appearing on the surface
of concrete or masonry construction as the result of moisture penetration.
Rat Proofing: A thin layer of concrete, usually not reinforced, covering the top of the
crawlspace soils, to keep rodents out of the crawlspace.
Faulty Grade Condition: The finish grade (elevation) or surface soil adjacent to a
building's perimeter (and interior) foundations should be maintained a minimum of 6
inches below the elevation of the wood framed walls, floor joists and all untreated wood
members. Where the soil is closer than b inches, it is described as a faulty grade condition.
Dimensions: All crack width dimensions provided in this report are approximate values
based on visual observation rather than individual calibrated measurements. All
dimensions of length,width and height of building components are approximate.
Manometer Survey: A manometer is a simple device consisting of a container of water,
and rod with a numerical scale. The container and the rod are connected by a clear plastic
tube. Both ends of the tube are open to the ambient air pressure. According to the laws of
physics the water level in both the container and the rod seek the same elevation thereby
determining a level reference plane. A profile of the floor elevations of a given room or
story of a building can be determined by moving the rod to representative locations of the
subject area .and noting the variations in the numeric readings on the rod. Adjustments are
made to the readings to account for variations in the thickness of floor finishes.
State Mandated Disclosure: A brief report on a review of published maps and reports on
possible hazards of the subject site. Possible hazards include earthquakes, landslide,
liquefaction, fires and floods. This review does not include a site visit and is not site
specific, unless identified by an assessor's parcel number(APN).
A Natural Hazards Disclosure Statement accompanies this report: ,yes —x—no
KASLAN ASSOCIATE'S,INC.. 1231 MAIC CREEK BRAVE,SUME A,SONOMA,CA 95475{707}439-1437
KA Project Na. 2KOo-011-JAKIJE 3
Abbreviations.
BTR: Bathroom LR: Living Room
BR: Bedroom MBTR: Master Bathroom
BN: Breakfast Nook MBR: Master Bedroom
D: Den N: forth
DR: Dining Room NIA: Not Applicable
E: Fast N/I: Not Inspected
FR: Family Room O: Office
G: Garage O.O.P: Out-of-plumbness
K: Kitchen : South
L: L.aundry Room W:
West
DESCRIPTION OF THE PROPERTY:
Type of lot:
_ flat leveled _x flat pad on sloping site
part cut part fill variable downslope
—gentle downslope —steep downslope –x_variable upslope
..w-gentle upslope steep upslope variable sloping
Assumed to be located on x_ ..,_.east west __,north south side of address street
The front entrance is from – east _west —north south
Type of building:
x_single family housecondominium unit
town house commercial building
_secondary building of property
other:
Number of floors Number of levels
Type of construction:
–x_wood frame _masonry _concrete
steel frame other:
First floor construction:
_x_elevated wood frame floors crawlspace combination
concrete slab-on-grade basement
Approximate age of the structure: 1,7 years
KASLANASSOCrATES,INC.,1281 OAK CREEXDPJVE,SUfMEA,SONOMA,CA 95476(71"439-1437
KA Project No. 21K00-011-JAMS 4
4•. r..
L liaterior 0bser pions:
a. Accessibility:
_x_furnished not furnished
_x_occupied vacant
_x_some walls hidden from view by stored objects
one or more rooms were inaccessible or unavailable to view
b. Cracks in interior finishes: SegDiscussion
x_pervasive several few
_x_hairline x_up to I&inch(es)wide
structurally significant _x_structurally in-significant
additional comments
c. Levelness of floors:
x_generally level generally not level
x not level at: Lit near firevlace
_maximum slope 1 inch in 4 ft, down towards the_N
_x_slope in one direction slopes in different directions
appears to be due to original construction
_x_appears to be due to settlement/displacement
structurally significant _x_structurally in-significant
d. Plumbness of walls:
_x_generally plumb generally not plumb
_x_walls not plumb: most N-S oriented walls
_x_maximum O.O.P.,21 ,inch in Oft. leaning towards the_E
x_Q.O.P. in one direction O.O.P. in different directions
_x most likely due to original construction
_xi most likely due to settlements and displacements
structurally significant _x_structurally in-significant
e. Squareness of door & window openings:
_x_,generally square �generally not square
_openings in several rooms not square:
maximum slope_inch in Oft. leaning towards the_
slopes in one direction slopes in different directions
most likely due to original construction
most likely due to settlements and displacements
structurally significant structurally in-significant
KAS"V ASSOCIATES INC.,1281 OAK CREEK DRrVE,SUrrE A,SONOMA,CA 95476 007}939.1437
KA.Project No. 2KOO-011-JAMS S
f. Other observations:
leaks stains other
2. Exterior Oblervadow:
a. Accessibility:
x_Sections of the exterior walls and the building foundations were hidden
from view by:
_x_landscaping stared items
adjacent building/property ether:
b. 'Type of exterior finish:
woad siding _x_stucco siding (exterior cement plaster)
wood shingle masonry veneer vinyl
plywood siding masonry veneer wainscot aluminum
hardboard siding r„x_other: rock veneer
c. Defects in exterior finishes: See Discussion
types:
_no defects observed
_x_cracks separations
warps deterioration
y_displacements ether:
exterior damage:
_x_pervasive several few
crack width:
xr hairline x_up to 1/4 inch wide
structurally significant _x_structurally in-significant
d. Framing Condition:
_x no defects observed
racking of framing displacement
cracks in or splits in framing members at:
e. Earth/Wood Contact (or close proximity) along some sections of the:
_x no significant earth/wood contact observed
wood siding deck posts
trellis posts other:
KASLINASSOCIATES,INC.,1181 OAK CREEKDI2NE,SUITE A,SONOh1A,CA 95476(707)939-1437
4'
KA Project No. 2K00-011-JAKIJE is
f. Garage and driveway slabs and flat work:
Garage Driveway Patio Walkways Pool
Construction: Floor Deck
Concrete _x— —x— —x—
Asphalt
Masonry
Other
Garage Driveway Patio Walkway fool
Floor Deck
Defects: x_ x®. _x—
Cracks:
Minor _x— X— —X
—
Max.width. ILic
Other:
Settlements in slabs �
Elev. Dif. across crack
Max. difference
Tripping hazard
Displacements most likely
due to expansive soils
Other: concrete spa ling
and/or chippi„_na —x—
g. Elevated Decks and Stairs: Seg Pisgus§1
Type of construction: ax_wood concrete
other:
Defects:
no defects observed
F_ displaced decking displaced nails
_x_damaged decking wobbly handrails
damaged support posts damaged girders and joists
displaced girders and joists missing bolts at joints
�x_other: unsupported deck board r a irig a"soft spot"in deck near haLtlh
x other: no $crus was available to underside of deck(ther�not inspected
h. Retaining Walls: See Di
Type of construction: concrete masonry x wood
other:
Drainage: .
_x_weep holes _indications of back drains
no indication of drainage system observed
Proper operation can only be verified by testing or by observation during
periods of heavy rains.
KASLAN ASSOC1ATM INC.,1281 OAK CREEK DRXE,SUITE A,SONOMA,CA 93476(707)939.1437
KA Project No. 2K00-011-JAK/IE
Defects.
no defects observed
cracks:.
horizontal vertical diagonal
few several -,_ pervasive
_max. width inches
T structurally significant not structurally significant
other:
Plumbness:
—generally plumb ,generally out-of-plumb
x–leaning towards_N_ x_O.O.P. degrees
_8_inches per four feet
x_structurally significant structurally not significant
i. Chimney:
Construction:
_x_masonry/rock veneer wood frame � other:
Defects:
no obvious damage cracks
separated from building _x–settlzment r
other observations:
3. Fooundatigns and Crawlsg +ce O servntions:
aa Crawlspace or Concrete Slab Accessibility:
not accessible completely accessible
x–only partly accessible due to:
_inadequate access openings
inadequate clearance under framing
_x obstructions by ducts and pipes
exterior slab edges visible
exterior slab edges not visible at:
b. Types of surface soils:
__._.clayey x–expansive clay
_sandy other:
where observed: x_crawlspace yard
c. Type of foundations:
perimeter interior deck
x_ wood posts on drilled concrete piers
®wood posts on shallow concrete piers
continuous concrete wall foundations (inverted tee)
continuous concrete wall foundations(trapezoidal)
KASLANASsOCfATES.INC., 1281 OAK CREEK DJUVE SUffEA,SONOMA,CA 95476 MW 939-1437
KA Project No. 2K00-01.1-3AK17E
1 .
x— concrete grade beam on drilled concrete piers
wood frame cripple wall over foundations
. .thickened slab (building with slab-on-grade floors)
_un-reinforced brick
x other: dock foundation not vi,ib cue to lack of access
d. Condition of the foundations:
—x_no problems observed
cracks in foundations:
type of cracks:
_vertical horizontal diagonal
full height partial height
full penetration partial penetration
max. width of cracks inch(es)
structurally significant not significant
location of cracks:
settlement:
_local pervasive
rotation and displacements of foundations
max. slope: location of rotation:
foundation undermined at:
deterioration of foundation concrete:
_minor surface deterioration .__..significant. deterioration
location of deterioration:
exposed foundation reinforcing:
_corroded not corroded
other:
e. Condition of interior concrete floor slabs:
no problems observed
cracks in slabs
_-.._ seen through carpet or other floor finishes
_seen directly in concrete
few several „!pervasive
_max. width of cracks_inches
steps in elevation across cracks up to inch(es)
f. Condition of the framing:
no problems observed
pasts cripple floor
walls framing
x� out-of-plumb (slightly-oznifi=0
requires shimming
displacement observed
connection need improvement
KASLANASSOCLATES,INC.,1281 OAK CREEKDAfVE,SUMEA,SONOMA,CA 95476(707)039-1437
KA Project No. 2KOO-011-JAKJJE 9
_._ obvious dry-rot damage - '.°`' 'f
obvious termite damage
earth-wood contact or'faulty grade
other:
g. tuber crawlspace observations:
x–ventilation: _x_appears adequate �.appears inadequate
vents damaged vents blocked
. Seismic enation : See Discussion
_X Mudsill anchor bolts x–present not present
xa Water heater: _braced x_not braced
Seismic upgrading advised. See recommendations section
Seismic deficiencies observed:
Some seismic upgrading has been done:
(The workmanship and adequacy of the seismic upgrade was not verified.)
added anchor bolts: added braces added shear walls
other:
5. Drainage and Site Observations:
a. Gutters: x_present along eaves „present along some sides
—damaged missing at
b. Downspouts: _x_connected to a drainage system
partially connected to a drainage system
_not connected to a drainage system
_x–disconnected from drainage system at: teft gf agatentry
--should be reconnected to sub:Urface drai nine
damaged at:
missing at:
c. Divertors and Extensions: x–present
not present
missing at:
d. Crawlspace:
Soils: _x–dry x_partially damp .generally damp
_x_partially wet generally wet standing water
mold on sails at:
efflorescence at:
erasion of soils at:
T water induced undermining at:
other:
KA.SLANASSOOCGIIE,S,INC:.1281 OAK CWKDNVE.WnrA,SONOAM,CA 95476(7017)439.7437
KA Project No. 2KOO-011-JA.K/JE 10
e. Perimeter:
x_adjacent soil grade slopes towards the building foundations at:
(S side)
_x_adjacent soil grade slopes away from the building foundations at:
(all ether sides
planter strip next to foundations not draining properly
x area drains
trench drains
(proper operation can only be verified by testing or by
observation during periods of heavy rains)
_swales at:
channel drains (with grates) at:
other:
DISCUSSION:
1. Lit igr Einish s,: As indicated in section 1 of this report, pervasive cracking was
observed throughout the structure's interior finishes. Cracks, however, were more
prevalent in the south-southeast half of the house, It should be noted that this
section of the house lies closest to the south end of Silver Pine ,Lane where landslide
repairs had taken place during October and November of 1999. Most interior cracks
were located at the corners of door and window openings and are indicative of
lateral structural displacements due to vibrations. It is our opinion that the
earthmoving/grading equipment used for the recent and nearby retaining wall and
road construction/repair has caused cosmetic damages to the structure. We
recommend retaining a qualified drywall contractor to repair the interior cracks.
2. E t erior Finishes. The exterior stucco finish, similar to the interior drywall, was
cracked throughout. Larger cracks (approximately 1/4-inch in width)were observed
at a few locations near the south-southeast end of the house (master bedroom) and
on the rear side of the house next to the pool. Hairline cracks (1/16-inch in width or
smaller) were visible on every stucco exterior wall of the structure and oriented in
all directions (horizontal, vertical and diagonal). Most of the cracking appears to be
due to the heavy construction equipment and corresponding ground vibrations
produced during the nearby hillside/read repairs of October and November of 1999.
We recommend that exterior cracks, which exceed 1/I6-inch in width, be repaired
by a qualified stucco contractor.
3. Elevated Whgd Beclr; As indicated in section 2g of this report, the underside of the
deck was not accessible at the time of the inspection. However, from the deck's
surface we observed a "soft spot" in the decking near the hat tub (just outside the
master bedroom's sliding glass door). It appears that several deck boards in this
region are unsupported and flex considerably under pressure. This condition is
unsafe and should be corrected to mitigate possible injuries. We recommend
removing the decking in the affected region and replacing it with neer pressure-
KASIANASSOC1AMS;INC„1281 OAK CREEK DRIVE,SUIMA,SONOMA,C4 95476(7077)939-1437
KA Project No. 2K00-0114AXIM 11
treated/redwood material. At the time of the above-mentioned decking removal, one f
should inspect the deck's sub-framing and foundation support. In addition to the
decking repair, access should also be provided to the underside of the deck for future
inspections and routine maintenance.
4. Retaining Wall: The wood retaining wall located on the east (back) side of the
master bedroom is currently leaning towards the house by approximately 2-inches
per foot. It was stated by you (Ms. Miller) during the inspection that this particular
wall was upright(plumb) and in good condition prior to the recent repair work of the
adjacent lot. Since that repair work, this wall has rotated to its current "out-of-
plumb" position. We recommend removing and replacing the wall with a new wall
designed by a licensed structural engineer. We may provide this service for you if,
you desire.
5. Seismic Considerations: Unsecured ,gas water heaters may be hazardous during
sizable ground shaking. Therefore, we recommend that the water heater in the
garage be strapped to the wall for stability against overturning.
RECOMMENDATIONS:
I. Items requiring immediate attention:
These are items that are defective, unsafe or on the verge of requiring attention.
Discussion Item#3&4
II. Items that will require attention in the future:
These are items that do not require immediate corrective repair; however, they
should be identified and monitored and actions should be taken in the future.
• Discussion Item#'s 1 &2
III. Preventive items:
This is a recommendation category, which in our opinion will improve the life
and/or performance expectation of the structure under consideration. The noted
conditions are not structural defects. The recommendations stated below are simply
improvements.
• Discussion Item#.5
IV. Possible further inspections:
• None
The findings of this report are not intended to address the geological stability of this site
or the seismic resistance of the structure(s). To do so would require extensive testing of
the property's soil composition and a detailed structural analysis of the building(s)
respectively,which are beyond the scope and cost of this report.
K4SL4dV ASSOM, TES,LNC.,1281 OAK CREEK DR VE,SUITE A,SONOMA,CA 95496(707)9.39-1437
KA Project No. 2K0d-011-JAKIJE
We were asked to make a visual inspection of this property to evaluate and discuss those
items of immediate and obvious concern. This report presents our visual observations of
the conditions displayed at the date of our inspection. Some verbal information
regarding our findings communicated to the above named client may not be included
herein. Third parties are advised to obtain their own inspection report and should not
rely on this report.WE ARE NOT RESPONSIBLE TO THIRD PARTIES.
Men and nature can change conditions at any time; therefore, this report does not
warrant the preservations of the observed conditions. Unless otherwise described herein,
we have not performed a detailed investigation of construction materials or underground
conditions. No removal of building finishes, furniture, door coverings, window
treatments, wall decorations, landscaping or stored items was performed unless
specifically mentioned. We have made a reasonable effort to ensure that this report is
accurate. However, we cannot assume liability for damages resulting from or for
conditions this report, you requested, failed to disclose. No warranty, expressed or
implied, is made. KASLAN ASSOCIATES, INC. RESERVES THE RIGHT OF FIRST
INSPEC 1ON IF QUESTIONS ,ARISE. THE LIABILITY OF KASLAN
ASSOCIATES, INC. OR ITS EMPLOYEES IS LIMITED TO THE COST OF THE
INSPECTION.
Please call if you have any questions.
Sincerely,
, afees�o'�t SLAM ASSOCIATES, INC.
ft 1302
OF1�� J es A. Kaslan, S.E, G.E.
.
41 President
JAKlJE/je
(Format 1t2007)
KA8IANAS5t3C14Ta INC.,1281 OAK CREEK DPJVE,surM A,SONOAfA,CA 95476 M)939-1437
APPLICATION TO FILE LATE CLAIM
BOARD OF VISORS STA . CALIFORNIA
-- BOARD ACTION
Application to File sate Claim ) NOTICE TO APPLICANT APRIL 25, 2000
Against the County, Routing ) The copy of this Hocument malleU to you is your
Ehdorsements, and Board Action.) notice of the action taken on your application by
(All Section Referenoe3 are to the Board of Supervisors (Paragraph III, below),
California Goverrsmt Code.) ) given pursuant to Ooverrment Code Sections 911.8 and
915.4. Please note the "NAS" below.
Claimants ABBEY AGBOMABIWOIA --a•p ') `'
Attorneys RENEE PRZBYLSKI, ESQ. _
LAW OFFICES OF RENEE PRZYBLSKI
Addrwss 1220 OAKLAND BLVD. , STE. 200 ��� � ��
WALNUT CREEK CA 94596CALIF.CiiLl
Amounts In Excess of $250,000.00 By delivery to Clerk on March 29, 2000
Date Received: March 29, 2000 By mail, postmarked on HAND-DELIVERED
: Clerk of Me- o Supe sora TOs ty el
Attached is a copy of the above noted Application to File Late Claim.
DATED: MARCH 29, 2000 PEAL SATaMM, Clerk, By Deputy
I. s y Counsel M Elarkof f o Supery cors
( ) The Board should grant this Application to File Late Claim (Section 911.6).
(X) The Board should deny this Application to File Late Claim (Section 911.6).
DATED: 4-3–W VICTOR NEiSTMAN, County Counsel, By 7?"Z- 4- Deputy
ITT. I= MIR 17Y mous vote of Supery sora presen
(Check one only)
( ) This Application is granted (Section 911.6).
( -) This Application to Fjle Late Claim is denied (Section 911.6).
I certify that this is a true and correct copy of the Board's Order entered in its
minutes for this date.
DATE: 0 PHIL BATMM, Clerk, By 7�� + ��,_ - Deputy
4z V
WARNING (Gov. Code 1911.8)
If you wish to file a court action on this matter, you must first petition: the
appropriate court for an order relieving you from the provisions of 0oovernment Code
Section 945.4 (claims p,,asentation requirement). See Government Code Section 946.6. Such
petition must be filed with the court within six (6) months from the date your application
for leave to present a late claim was denied.
You may seek the advise of any attamey of your choice in connection with this
matter. If you want to cossu.t an attamig YOU should do so immediated .
: Clark of ER NORWR 7%)s y County AftinjisEREF
Attached are copies of the above Application. We notifed the applicant of the
Board's action on this Application by mailing a copy of this document, and a mew thereof
has ban filed and endorsed on the Board's copy of this Claim in accordance with Section
29T03.
DATBD: `PHZL. BA , Clerk, By �'' Deputy
RM—: ty 2 MMEY A nis or 15t Ulark o Bou^
of Supervisors
Reoeived copies of this Application and Board Order.
DATEDs County Counsel, By
County Administrator, By
APPLICATION TO FILE LATE CLAD+!
4 �f/
1 Renee Przybylski, Esq. (#133793)
LAW OFFICES OF RENEE PRZYBYLSKI
2 1220 Oakland Blvd., Suite 200
Walnut Creek, CA 94596
3 Telephone: (925) 905-4726
Fax: (925)432-8432 RECEIVED
4 �
Attorney for Claimant ,�r
5 Abbey Agbomabiwoia M R Z00O
6 CLERK BOARD Of SUPERVISORS
CONTRAC STACO.
7
8 IN THE MATTER OF THE CLAIM OF
ABBEY AGBOMABIWOIA APPLICATION FOR PERMISSION TO
9 PRESENT LATE CLAIM
against (Gov.C. Section 944.4)
10
11 CONTRA COSTA COUNTY HEALTH
SERVICES, PITTSBURG HEALTH CENTER,
12 KAY BURT, M.D., and DOES 1-20
I
13
TO: CONTRA COSTA COUNTY HEALTH SERVICES, PITTSBURG HEALTH
14
CENTER and KAY BURT ,M.D.:
15
Application is hereby made for permission to present the attached claim after expiration
16
of the time limit provided in Government Code Section 911.2,
17
(1) As stated in the attached claim, claimant's cause of action accrued on or about
18
September 12, 1999,
19
(2) The time for presentation of such claim under Government Code Section 911.2
20
expired on or about March 12, 2000.
21
(3) The reason for the failure to present such claim within the time provided in
22
Government Code Section 911.2 is set forth below in the following.Declaration::
23
24
DECLARATION BY CLAIMANT'S ATTORNEY
25
26
(1) 1, Renee Przybylski,hereby declare that I represent Abbey Agbomabiwoia,
27
Claimant herein for his claim against Contra Costa County Health Services, Pittsburg Health
28
G%
1 Center, and KAY BUILT,M.D., above-named. I am a sole practitioner with my practice
2 located at 1220 Oakland Blvd, Suite 200, Walnut Creek, California. My entire practice is
3 handled by myself, I have no secretary and have not had a secretary, assistant or any other
4 employee for approximately four years. All my calendaring, discovery, claim filing, and all other
5 administrative tasks associated with my law practice are done by myself, alone. Extra secretarial
6 assistance is hired on an as-needed basis for trials, appeals, etc.
7 (2) I calendared Abbey Agbomabiwoia's claim for filing within the six-month time
8 period as required in Government Code Section 911.2, with the intention of filing the claim
9 approximately one week before the deadline.
10 (3) Prior to March 2000, I made diligent and consistent efforts at researching the
11 merits of this claim,not only by ordering and receiving all medical, hospitalization records,
12 billings, and pharmacy records, but also by researching in great detail the side-effects and proper
13 dosages for Minoxidil and other high blood pressure medications which is the central issue of
14 this claim. I met and consulted with two physician and a pharmacist who may be declared as
15 expert witnesses and who will testify on claimant's behalf should this claim proceed to litigation.
16 My diligence in taking the time to research this claim is, in my opinion, necessary to filing a
17 serious medical malpractice claim against a physician or physicians and claiming the large
18 damages suffered by this claimant.
19 (4) In early March, 2000, my mother, who is 83 years of age and resides alone
20 with no family or close friends, in Claremont, (Southern) California, received information from
21 her doctor that her kidneys were functioning at less than 10%capacity and that she would
22 immediately need to begin the necessary steps to prepare for kidney dialysis. As my older sister
23 had just returned from a visit with my mother after taking the last of her vacation time from her
24 job,there was no one available other than myself to go to Claremont and take care of my mother
25 while she had the necessary surgery to implant the"shunt" in her arm for the imminent kidney
26 dialysis. As my mother is quite frail, weak, and easily confused,this trip was in my opinion an
27 absolute necessity, as I also needed to stay with her when she returned home to insure that she
28 was eating properly,that the surgical area did not become infected, and that she was able to bathe
.i
1 and dress.
2 (5) 1 was also quite preoccupied with my mother's illness and extremely worried
3 about her. Aside from taking care of her physical and emotional needs I was mentally unable to
4 concentrate on anything relating to my work as I was devoting all my attention to her.
5 (6) I was away from my law practice for a total of 10 days,unable to carry on with
6 my regular work other than returning telephone calls from Southern California. The deadline of
7 March 12, 2000 expired while I was away.
8 (7) When I returned to Walnut Creek on March 15,2000, I became aware of the
9 expiration of the March 12`h deadline, and took immediate steps to research what I needed to do
10 to prepare and present this Application for Permission to Present Late Claim, as well as
1 I preparing the Claim itself. Since returning from this trip, I have also been overwhelmed with a
12 backlog of work and am also preparing for a jury trial which is set for April 3'.
13 (8) The filing of this late claim is less than 20 days past its deadline and this short
14 period of time in no way prejudices the Contra Costa Health Center or it's physicians from their
15 investigation of this matter. The claim by Abbey Agbomabiwoia involves a prescription by his
16 treating physician, which prescription, and all relevant medical records, are easily available to the
17 Respondents. The damages claimed by Mr. Agbomabiwoia are contained in these same medical
18 records, and the very nature of this claim is not based on lay witnesses or any other type of
19 evidence still not readily available to both Claimant and Respondents.
20 1 declare under penalty of perjury under the laws of the State of California that the
21 foregoing is true and correct.
22
23 Dated: March 28, 2000
en Przy y s , Ja m or Claimant
24 Abbey Agbomabi
25
26
27
28
4CIA "0
I Renee Przybylski, Esq. (#133793) RECEIVED
OFFICES OF RENEE PRZYBY°LSKI
2 1220 Oakland Blvd., Suite 200
Walnut Creek, CA 94596 MAR 2 9 2000
3 Telephone: (925) 905-4726
Fax: (925)432-8432 CLERK 60AR[3 OF SUPERVI ORS
4 CONTRA C STA CO.
Attorney for Claimant
5 Abbey Agbomabiwoia
6
7
8 PUBLIC ENTITY CLAIM AGAINST CONTRA COSTA COUNTY
9 HEALTH SERVICES.PITTSBURG HEALTH CENTER, KAY BURT,M.D.
10 (1) NAME AND ADDRESS OF CLAIMANT:
11 Abbey Agbomabiwoia
12 3208 Dimaggio Way
13 Antioch, CA 94509
14
15 (2) DATE OF INJURY:
16 September 12, 1999
17
18 (3) DOLLAR AMOUNT OF CLAIM AND COMPUTATIONS:
19 Medical Billings: Approximately $40,000.00+
20 Future Medical Billings: Unknown
21 Wage Loss: Approximately $ 3,000.00
22 Future Wage Loss: Unknown
23 General Damages: $250,000.00
24
25 (4) JURISDICTION: Contra Costa County Superior Court, Martinez, California
26
27
28
V j
1 (5) CIRCUMS'T'ANCES SURROUNDING ALLEGED CLAIM FOR
2 DAMAGES:
3 On or about September 11, 1999, Claimant Abbey Agbomabiwoia was seen in the Contra
4 Costa County Health Services, Pittsburg Clinic, by Kay Burt, M.D., for high blood pressure, a
5 previously diagnosed and well-known, chronic medical problem for Claimant. At the time of
6 this visit, Claimant was taking medication for high blood pressure, as previously recorded in his
7 medical records available to Dr. Kay or any other doctor at the Pittsburg Clinic. Can this visit,
8 Dr.Burt initially prescribed Minoxidil , 50 mg.,twice a day,for a total of 100 mg. per day.
9 Claimant took this prescription to be filled and was told by the pharmacist at the Wal-
10 Mart Pharmacy in Pittsburg,that this was an extremely high and dangerous dosage. Claimant did
11 not have the prescription filled at that time but returned to Dr. Burt the same day,who Claimant
12 observed then spoke on the telephone to the pharmacist. After this conversation, Dr. Burt
13 changed to the prescription to 20 mg. a day, to be increased on the third day to 40 mg a day.
14 Claimant then had the prescription filled, not realizing that this initial dosage was also very high
15 and dangerous. The pharmacist filled this prescription and did not warn claimant that this was
16 still four to eight times the normal initial dosage, only telling him it could make him sleepy.
17 Within 24 hours after ingesting the Minoxidil, Claimant became semi-conscious and was
18 not able to be aroused by his family. On September 12, 1999,his nephew called 911 and he was
19 taken by ambulance to Sutter-Delta Memorial Hospital Emergency Department,where he was
20 examined in the emergency department and then admitted to the hospital where he remained until
21 September 20, 1999.
22 Upon admittance to Sutter-Delta Memorial he was found to be suffering from profound
23 hypotension with renal insufficiency, acute hypokalemia, and altered mental status. During his
24 ten-day hospital stay, a multitude of tests laboratory and other tests were performed. Claimant
25 recovered slowly. On September 20, 1999 when he was discharged,the diagnosis was:
26 (1) Iatrogenically-caused hypertensive episode on admission which resolved during
27 admission followed by patient's baseline of-
28 (2) Refactory hypertension which was stabilized prior to discharge.
1 (3) Left ventricular hypertrophy.
2 (4) Renal insufficiency caused by both long-standing hypertension and hypotensive
3 episode on admission which was again stabilized prior to discharge.
4 (5) Tlypokalemia, also stabilized prior to discharge."
5 Upon discharge, Claimant was advised to follow a specific blood-pressure monitoring
6 plan, including diet and medical follow-up. There is some question regarding whether he has
7 suffered permanent kidney damage as a result of this episode, and Claimant will be followed
8 medically for this possibility.
9 (6) As a result of ingesting the high and dangerous levels of Minoxidil in conjunction
10 with the other medications taken by Claimant, Claimant was made dangerously ill, and may have
11 developed permanent kidney injuries from this prescription and the resulting episode.
12 Claimant's damages include the medical bills incurred as a result of this hospitalization,the loss
13 of wages during hospitalization and for some time thereafter, and general damages of pain and
14 suffering.
15 (7) FORWARD ALL FUTURE COMMUNICATIONS TO THE ATTURNE Y
16 FOR CLAIMANT AT THE FOLLOWING ADDRESS:
17 Renee Przybylski
18 Law Offices of Renee Przybylski
19 1220 Oakland Blvd., Suite 200
20 Walnut Creep, CA 94596
21 Telephone: (925)906-4726
22 Fax: (925)432-8432
23
24 Dated: March 28,2000 LAW OFFICES OF RENEE PRZYBYLSKI
25
26 By:
leeileee Przybylski ttorney or airnant
27 A ey Agbom ` oia
28
TO:
�
BOARD OF SUPERVISORS f�'
FROM: Phil Batchelor, County Administrator
Con
�
DATE: April 25, 2000 , .w "' •.
SUBJECT: Final Settlement of Claim 0 t
Jacqueline Hudson vs. Contra Costa Countyuounty
SPECIFIC REQUEST(S)OR RECOMMENDATION(S)&BACKGROUND AND JUSTIFICATION
RECOMMENDATION:
Receive this report concerning the final settlement of Jacqueline Hudson and authorize
payment from the Workers' Compensation Trust fund in the amount of$75,000.
BACKGROUND/REASONS FOR RECOMMENDATION:
Peter L. Dragolovich, defense counsel for the County, has advised the County Administrator that
within authorization an agreement has been reached settling the workers' compensation claim
of Jacqueline Hudson vs. Contra Costa County.
This Board's November 16, 1999 closed session vote was: Supervisors Gioia, Uilkema,
Canciamilla and DeSaulnier, yes; Gerber, absent.
This action is taken so that terms of this final settlement and the earlier November 16, 1999
closed session vote of this Board authorizing its negotiated settlement are known publicly.
CONTINUED ON ATTACHMENT: 7ZYES SIGNATURE: :j; Cao
RECOMMENDATION OF COUNTY ADMINISTRATOR RECOMMENDATION OF BOARD COMMITTEE
_$APPROVE OTHER
SIGNATURES:
ACTION OF BOA APRIL 25, 2000 APPROVED AS RECOMMENDED X OTHER
VOTE OF SUPERVISORS I HEREBY CERTIFY THAT THIS IS A TRUE
AND CORRECT COPY OF AN ACTION TAKEN
X V. AND ENTERED ON THE MINUTES OF THE BOARD
UNANIMOUS (ABSENT ) OF SUPERVISORS ON THE DATE SHOWN.
AYES: NOES:
ABSENT: ABSTAIN:
ATTESTED APRIL 25 2000
PHIL BATCHELOR,CLERK OF THE BOARD OF
SUPERVISORS AND COUNTY ADMINISTRATOR
Contact:Tony Schleder—335-1411
cc: CACI tisk Management
Auditor-Controller
BY �// DEPUTY