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HomeMy WebLinkAboutMINUTES - 06222004 - C.18 CLAIM , BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: JUNE 22, 2004 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, k t notice of the action taken on your claim by the Board of Supervisors. (Paragraph IV below), give ' Pursuant to Government Code Section 913 d fl Y 1 7 20N " an 915.4. Please note all "Warnings". AMOUNT: 2,00 },Q40.00 COUNTY C UNSEL MARTINEZ CALIF. CLAIMANT: PATRICIA BYNUM, Guardian for JOY ROBINSON, MINOR (MS LASSEN) ATTORNEY: U#NKNowN DATE RECEIVED: MAY 1.7, 2004 ADDRESS: 501.0 CREELY AVENUE BY DELIVERY TO (.,;LERK ON: MAY 17, 2004 RICHMOND, CA 94804 BY MAIL POSTMARKED: HAND DELIVERED FROM: Clerk of the Board of Supervisors TO. County Counsel Attached is a copy of the above-noted claim. JOHN SWEE rk Dated: MAY 17_1_ 2004 BY: Deputy— IT e u P tY IT WO-7 County Counsel,. TO: Clerk of the Board of Sup isors (,,)'"his claim complies substantially with Sections 910 and 910.2. ( } This Claim FAILS to comply substantially with Sections 910 and 914.2, 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 Bye .-fir r .3. f 'X Deputy County Counse 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,PARD ORDER: By unanimous vote of the Supervisors present: ( tY This Claim is rejected in full. ( } Other: I certify that this is a true and correct copy of the Beard's Order entered in its minutes for this date. Dated: e, JOHN SWEETEN, CLERK., B , Deputy Clerk WARNING(Gov. code secti n 913) Subject to certain exceptions, you have only six (6)months from the date this notice was personally served or deposited in the mail to file a court action on this claim. See Government Code Section 945.6. You may seek the advice of an attorney of your choice in connection with this matter. If you want to consult an attorney, you should do so immediately. *For Additional Warning See Reverse Side of This Notice. AFFIDAVIT OF MAILING I declare under penalty of perjury that I am now, and at all times herein mentioned, have been a citizen of the United States, over age 18; and that today I depositc4.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: '�,�'u�,�.,�` � OHN SWEETEN, CLERK.By Deputy Clerk Patricia Bynum 5010 Creely Avenin 1rr Richmond, California 94804jY � Q� May 10, 2004 �Kg�p Bruce Pelle, Probation Manager Contra Costa County Juvenile Hall 202 Glacier Martinez, California 94553 1(925) 313-4023 Re: Joy Robinson, minor(MS LASSEN) Dear Probation Manager, I wish to complain of a wrongful act against a minor under supervision in the Contra Costa County Juvenile Hall located at 202 Glacier Road, Martinez, California 94553. On February 16, 2004, two peace officers berated minor for her gymnastic abilities, in the presence of other minors during recreational period. Minor is a gymnast and was practicing some routine during a free exercise period. One peace officer known as Maggie, instructed minor using unacceptable abusive language saying, "sit your ass down. Another peace officer named Kristin joined in the berating of minor saying„ "you're not a prima donna, sit your little ass down" in the presence of the other minors. I believe these wrongful actions by Peace Officers lead to the brutal attack on minor the next morning in the classroom as follows: on February 17, 2004, while in a classroom at Mt. McKinley High School, at Juvenile Hall, minor was physically attacked and assaulted in the presence of a teacher and juvenile peach officers. These personnel made no attempt to foil the attack even though a book was thrown across the room-hitting victim on the head subsequent to more physical brutality. They showed ill regard for the safety of the minor by ignoring her calls for help. Teacher and peace officers had a duty to act and did not recognize and respond to a dangerous situation. Supervisors' failures to supervise diligently have caused ill reparable damage to the minor's health. Staff had the duty to act and did not recognize and respond to a dangerous situation. Moreover, Peace Officer brutalized minor further by holding her down on the classroom floor, twisting and re-injured minor's fractured arm, and while minor was obviously bleeding from the head from the attackers assault with a pencil. Eventually, minor was taken to the Martinez County Hospital by ambulance. doctors reports states, "minor have suffered a head concussion, a deep wound to her right upper eyebrowleyes, a large contusion covering her right cheek, bruises to her legs, knees and torso. Several stitches were needed to close the open wound to the victim's head. Minor is on medication for injuries suffered during the assault." Also, as a result of the wrongful and violent act, and optometrist has prescribed eyeglasses for minor's vision damaged from the attack. Chief Probation Officer and staff have failed to notify and inform parents or guardian or give any verbal or written account of the brutal assau8it on minor. Judge William Kolin, minor's Public Defender and I learned about the wrongful act during another matter in court. To date, we have not received any explanation, report, account and information of the brutal attack and hospitalization and wrongful act from Officials at Juvenile Hall, Martinez California. For these reasons, I the relief I am seeking for minor, is monetary relief that might cure pain and suffering, interruption of education, and loss of health totaling $2,000,000.00. Because Peace Officers were lacks in their responsibility toward minor and remise in their duties according to the rules and regulations found in personnel for peace officers, should be removed from their positions of authority at Juvenile Hall, Martinez, California. Sincerely, Patricia Bynum, Guat ian cc:Judge William Kolin SHORT TITLE: CASE NUMBER: CAUSE OF ACTION—4ntentlonal Tart Page �n ) ATTACHMENT TO 0,bornplaint M Cross-Complaint (Use a separate cause of action form for each cause of action.) IT-1 Plaintiff{name}: Patricia Bynum, Guardian of Joy Robinson, a minor alleges that defendant{name}: Probation Department Juvenile Hall Facility 202 Glacier Martinez, CA 94553 ® Does to was the legal(proximate)cause of damages to plaintiff.By the following acts or omissions to act,defendant Intentionally cttuesgd ed �0tq plaintiff on(date): (J-uver►ile Hall 4 at(place): 202 Glacier Martinez, CA 94553 (description of reasons for liability): 1. Loss of health 2. Impairment to vision 3. Damage to Psyche 4. Failure to Educate 5. Staff had a duty to protect minor from aggression. k Form Approved 6y the t 3l CiftOUP Judicial Council of Coal time ZJwKw- PuQilahor Effec"Jwumy 1,1982 Rule 982.1(4) CAUSE OF ACTION--4nteMi©nai Tort CCP 425.12 Probation DepartmentC�or�t�� Steven L.Bautista County Probation officer ,Juvenile Nall Costa 2atne ,Glacier County Martinez, Gali�ornia 94553-4898 �.. .,m �- ��1, (925) 646-48Qr3 w FAX (925) 646-4854 � c.i. g'�g � fid !yy � x. 7 2004 To: Clerk of Board of Supervisors Date. May 13, 2404 From: Lionel Chat an r; &, Chief Deputy Probation Officer On May 13, 2044, we received the attached letter from Patricia Bynum advising us that she is seeking monetary relief for a complaint of wrongful acts against a minor in our care at the County Juvenile Hall Facility. I was advised to notify your office of this information./complaint, and forward the information to the Clerk of the Board of Supervisors. Please see attached documents. CLAIM r t B ARD QF SUPERVI$ORS OF CC3NTRA COSTA COUNTY BOARD ACTION IM 22, 2004 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), giver Pursuant to Government Code Section 913 and 4MVI915.4. Please note all"Warnings". AMOUNT: DN1DETERMINED AY 19 ?004 CLAIMANT: SHARI ORTIZ' COUNTY COUNSEL MARTINEZ CALIF ATTORNEY: UWOWN DATE RECEIVER: MAY 19, 2004 ADDRESS: 18Q_ PiACE BY DELIVERY TO CLERK ON: MAY 19, 2004 I ll to P.O.BOX R.O. BOIL 5242 BY MAIL POSTMARKED: HAND DELIVERED per Shari Ortiz BAY pOINr, C4, 94565 4:06 Ft—r—&Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOHN SWEET , Dated: MAY 19, 2004 By: Deputy II. FROM: County Counsel.. TO: Clerk of the Board of Supervisors (,XThis claim complies substantially with Sections 914 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 Counse �' � � �';� �- tt�.� � �.... III. FROM: Clerk ofthe Board TO: County Counsel(1) County Administrator(2) ( ) Claim was returned as untimely with notice to claimant(Section 911.3). IV. B ARD 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: .,,rCrc.Y,► r, *� *+OJOHN SWEETEN, 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 depositec' 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: JOHN SWEETEN, CLERK By Deputy Clerk. r Clain to: BOARD OF SUPERVISORS OF COMA COSTA MRM INSTRUC rlONS TC CLAD-W rr A. Claims relating to causes of action for death or for injury to persona 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 It 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 mast be filed with the Clerk of the Board of Supervisors at its office in / Room 106, County Administration Building, 651 Fine 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 claim must be filed against each public entity. E. Fraud. See penalty for fraudulent claims, Penal, Cade Sec. 72 at the end of this form. RE: Claim By } 'Reserved for Clerk's filing stamp - --- Against t= Count of Contra Com e ?ppb or } e District} T� `3:Tl in t The undersigned claimant hereby makes claim against the, County of Contra Costa or the above-named District in the sum of $ ;, rl t � Rh .4 and in support of this claim represents -as follows: 1. When did the damage or injury occur? (Give exact date and hour) t c�- 2. "Where did the damage or injury occur? (Include city and county) (0)544 3. How did the damage or injury occur? (Give full details; use extra paper if required) v'{� ) �o,t•«,iq �'ti,2�.:s�!3�.,,�cd ft.#°^�rl k\AwL' ', '++'3\3 '�.3C✓t T {P..s: .{, La. n C i L',)`' i'�^A,.L F„�C ..CZ.YY 4;,» ., �„�,1;A.Jj"�i, .t,. ~Z V`l^±t..c 4­6Ci Y Y�f_,{ -.�e t t .�....+"` y, `5 C" 4. '-'4.:+'t'v.`i ia%Yi .{/^ .. `T'"'��,•'+' "f .E' ,. --.-% .,3: '`. Sth. :.+..i i;s.-w' L'.aj ' ..{tYf✓;,. 4. What particular act or omission on the part of county or district officers, servants or .employees caused. the injury or damage? ea I le ., a 1 t 5• What are the names of county or district officers, servants or employees causing y the damage or in jury? . C`:i'" �.�-%' � £`--� ' i,r...'Cw -"d'C%s�+ ..-�; --t--� ���4.z✓�. `b,"„s\{'q t 3 rS �, "�. t ��si.. `1�,;.res .s.�.��.�..�.�.. � i_.-�yf^�b`���rl...-ter....� '•.Lt.3� 1...�.�..5�"'_� t .�.........«... ..... �.. 6. What damage or injuries do you claim resulted? (Give full extent of Injuries or damages claimed. e. 01 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. yy,.�3%`l>a°.',.yi�-✓��d c'. -r..". t .h�`s��,•Y.`^r''+�`�Y��' �,i u"efeJ. L..4:.'�,-i. . Let 9 q,5 9. List the expenditures you made on account of this accident or injury. DATE ITEM AMUNT Gov, Code See. '910.2 provides: "The claim must be signed by the claimant EM, NOTICES TO: (Attorney or b some arson on his. b¢shalf." Name and Address of Attorney v e� �. 1 Cla' 's Signature r f t d� � rc�i •?� �� ` f_ y?Ist �:' "ate } � (Address) CC, �y 4C_. Telephone No. Telephone No. 6 < - v " N O T I 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 not more than cine-year, by a fine of not exceeding one thousand ($1,000), or by bath such' imprisornent and fine;,- or by imprisonment in the state prison, by a fine of not exceeding ten thousand dollars ($10,0000 or by both such Imprisonment and fine. _ _ .........__. ! r 'v°' � x �'•'�': Y f '( +r}'•' sem' �� y. .. v�i.., : • !!/f�,,, is 1 1 1 r 1 'Y d x�,y Y x xr f f s } t yam... ly y ; v {. o : W f }}Y.} ............... v. n.: .. .::: .:...i.: :.... .... .. .:.. y•:v: r. .::::: ..: :: ". O v'. w: M •kms}:;':ni J ;.Y yf�x . }• O6 }r. r .k' Board of Buparvisors jj6L1JSAj,0 ON County Administration Bldg. #� ON 651 Pine Street, Room 1064 � *S 0,0Martinet, CA 94 -1293 + _jc USA �l � t j za t5. S RTIZ 2 i Uj 1.30 SIDE PLACE ' $ J'OIN`T, Cil 94565 LU Uj �r �"`"�r"�t"��.e:,:��.:: 1�1�1E91NIttM�It�1111tt�tFiSflf9tl 11 Pli3}}i�3�t1Fi� AMENDED _ CLAIM r • B,QARDQFSUPERVIS0R§ OF CONTRA COSTA COUNTY BOARD ACTION. JUNE 22, 20034 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), give; pursuant to Government Code Section 913 and 915,4. Please note all"Warnings". AMOUNT: $15,000.00 Y 17 20014 D� CLAIMANT: TED TAWFIK COUNTY COUNSEL MARTINEZ CALIF. ATTORNEY: UNKNOWN DATE RECEIVED: MAY 17, 2004 ADDRESS: 10 SILVER HILL GRAY BY DELIVERY TO(1ERK ON: MAY 17, 2004 L4yA=E, OA 94549 BY MAIL POSTMARKED: MAY 14, 2004 FROM. Clerk of the.Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim, JOHN SW Clerk Dated: MAY 17, 2004 By: Deputy II. FROM: County Counsel.. TO: Clerk of the Hoard of Supervisors (LY�his claim complies substantially with Sections 910 and 910.2. 4 ( ) This Claim FAILS to comply substantially with Sections 919 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). ( ) ether: Dated. _0 By: l Deputy County Counse 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: W& 40011_ JOHN SWEETEN, 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 1'8; 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. Bated: ' SWEETEN, CLERK.By Deputy Clerk Ted Tawfik May 13,2004 Amended Claim The County Council ice of Contra Costa County. SAY 7 651 Pine Street � Martinez,CA 34553 `'.������RC� --442Z iA COS,PE C�Co..f S Attn: Clark of the Board of Supervisor RE: Claim Tawfik Tawfik,verse County Council Claim This is regarding the claim response denied on March 23, 2004 for the property at 10 Silver Hill Way,Lafayette,CA 94549. You have denied the above claim for lack of information. I would like to inform you that the damage occurred in September of 2043 from the rain,that will answer question number 1 on the claim form. As far as the district who is responsible of causing the slide of the hill the answer I don't know I guess it's the public work. When they cut the street to be widening as indicated in the geological report attached from CE&G Company dated February 6, 2044, , and that will answer question number 5 on the claim form. The damage results cause a slide at the bottom of the hill, and if it continues it will cause more damage to the hill and to my house located at the top of the hill,that will answer question number 6. In regards to the amount of the damage I have obtained verbal estimate of about $15,400.00 to actually build a retaining wall at the bottom of the hill,to stop further sliding and that will answer question number 7. Please reconsider this claim and I will be available for any further questions to discuss with you. I would like to thank you in advance for your reconsidering the claim and looking forward to hear from you. s Ted Tawfik 10 Silver hill Ways Lafayette, CA 94549 Tel: 925-942-4040 Clain to: BOARD OF SUPERVISORS OF CON-M COSTA CQUIMY INSTRUCrIONS TO CLADiANT A. Clalms 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 of 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, Cru-qty 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. L Fraud. See penalty for fraudulent claim, Penal, Code Sec 72 at the end of this form. RE: Claim By Reserved for Clerk's filing stamp Against the County of Contra Costa or District) (Fill in roam57 The undersigned claimant hereby makes claim against the County of Contra Costa or the above-named District in the sum of $ and in support of this claim represents -as follows: a. When -did the damage or injury occur? (Give exact date and hour) 2. Where did the damage or injury occur? (Include city and county) '' Ar ale Y_ 3. How did the damage or inTury occur (Give full details; use extra/ paper if required) 4. What particular act or omission on the part of county or district, officers, servants or .employees caused, the.injury or damage? gnat are the names of counuy or district officers, servants or employees causing the damage or injury? (� ti 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.) 8. Names and addresses of witnesses, doctors and hospitals. 9. List the expenditures you made on account of this accident or injury*. DATE ITEM AMOUNT Gov. Code Sec. '910.2 provides. "The claim must be signed by the claimant OWa SEND NOTICES T0: (Attorney) or b some person n his Name and Address of Attorney (Clkiman . 1 t . r � Address Telephone No. Telephone No. / c N 0 T I 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 beard or officer, or to any county, city.µor district board or Officer authorized to allow or pay the same if .genuine, any false or fraudulent claim, bi31, account, voucher, or writing, is punishable either by imprisonment in the county jail for a period of not more a 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 ($101000, or by both such imprisonment and fine. 1, . 4 . CLAIM BOARD OF SUPERVISORS OF CONTRA COSTA COUNTY BOARD ACTION: MARCH 25, 2004 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), giver Pursuant to Government Code Section 913 and 915.4. Please note all "Warnings". AMOUNT: UNKNOWN CLAIMANT: TEL TAWFIK ATTORNEY: UNKNOWN DATE RECEIVED: FEBRUARY 17, 2004 ADDRESS: 10 SILVERHILL WAY BY DELIVERY TO CLERK ON:FEBRUARY 17, 2044 LAFAYETTE, CA 94549 RECEIVED FROM INTER BY MAIL POSTMARKED: OFFICE MAIL FROM: Clerk of the Board of Supervisors TO: County Counsel Attached is a copy of the above-noted claim. JOIN SWEET Clerk Dated: FEBRUARY 17, 2004 By: Deputy II, F1:t.OM: County Counsel, TO: Clerk of the Board of Sup6visors ( ) This claim complies substanntially with Sections 910 and 910.2. (i,)°'ihis Claim FAILS to comply substantially with Sections 910 and 910.2, and we are so notgying 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 warring of claimant's right to apply for leave to present a late claim (Section 911.3). { } Other: Dated: By: Deputy County Counse III. FROM: Clerk of the Beard TO: County Counsel (1) County Administrator (2) { ) Claim was returned as untimely with notice to claimant (Section 911.3). I,,/BOARD GIRDER: 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: �z'i JOIN SWEETEN, CLERK., By , Deputy Clerk 'K�RNT1IN?G (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 deposite4,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: 400 OHNN SWEETEN, CLERK By Deputy Clerk OFFICE OF THE COUNTY COUNSEL SILVANo B.MARCHESI COUNTY OF CONTRA COSTA +�, '� ��' "-��' COUNTY COUNSEL Administration Building SHARON L. ANDERSON 651 Pine Street, 91"Floor ,, - ,�• Martinez, California 94553-1229 �r i Cxr �Ass�sraNx 'a ; GREGORY C.}"HARVEY (925) 335-1800 1� VALERIE J. RANCHE (925) 646-178 (fax) AssisraNrs s r�1q NOTICE CSF INSUFFICIENCE' ANIS/OR NON-ACCEPTANCE OF CLAIM TO: Ted Tawfik 10 Silverill Way Lafayette, CA 94549 ISE: CLAIM OF: TED TAWFIKK. 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 claire fails to state the name and post office address of the claimant. ] 2. The claim fails to state the post office address to which the person presenting the claim desires notices to be sent. [X] 3. The claim fails to state the date,place or other circumstances of the occurrence or transaction which gave rise to the claire 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 claire 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. [ ] 6. The claim is not signed by the claimant or by some person on his or her behalf. [ 1 7. You are required to submit your claim on the proper form, which is enclosed. Please resubmit your claim on the enclosed form, including all the required information. Gov. Code, § 910.4. Please be aware that you have only a limited period of time in which to file an amended claim. See Gov. Code, § 910.6. Page 1 Ted Tawf`zk Re: Claim. Page Two [ ] 8. Other: SILVANO B. MARCHESI COUNTY COUNSEL By: Monika L. Cooper ` Deputy County Counsel CERTIFICATE OF SERVICE BY MAIL (Code Civ. Proc., §§ 1012, 1013a,2015.5; Evia. Code, §§ 641, 664) I am a resident of the State of California,over the age of eighteen years, and not a party to the within action. My business adds is Office of the County Counsel, 651 Pine Street, 9th Floor, Martinez, CA 94553-1229. On February. , 004, I served a true copy of this Notice of Insufficiency and/or Non-Acceptance of Claim by placing the document in a sealed envelope with postage thereon fully prepaid, in the United States mail at Martinez, California addressed as set forth above. I am readily familiar with Office of County Counsel's practice of collection and processing of correspondence for mailing. Under that practice, it would be deposited with the U.S. Postal Service on that same day with postage thereon fully prepaid in the ordinary course of business. I declare under penalty of perjury under the laws of the State of California and the United States of America that the above is true and correct. Executed on February V. 2004, at Martinez, California. KatAfeen O'Connell cc: Clerk of the Board of Supervisors(original) Risk Management Page 2 1870 Olympic Blvd. CE&G Suite 100 Walnut Creek CAt. ENGINEERING &GEOLOGY California 94596 Tet(925)935-9771 Fax:(925)935-9773 www.caleng.com 6 February 2044 Ted Tawfik Core Funding 31 Panoramic Way Suite 204 Walnut Creek,California 94595 RE: Geotechnical Consultation 10 Silverhill Way Lafayette, California Dear Mr. Tawfik: At your request,we have completed our geotechnical observations of the slope on the north side of your property along Reliez Valley Road in Lafayette (unincorporated portion of Lafayette). The purpose of the project was to evaluate the cause(s) of the shallow failure which has developed on the slope. We have also reviewed geologic maps and assessors parcel maps of the area to aid in our assessment. Observations Based on our observations, it is our opinion that the shallow slope failure (see attached photo) developed as a result of the over steepening of the toe of the slope. It was unclear whether the toe of the slope is within your property or within the County right-of-way for the Reliez Valley Road. Based on the property lines shown on the assessor's parcel it appears that original road was widened when your subdivision and Silverhill Way were created(see attached excerpt of the assessor's parcel map). The widening appears to have been accomplished by steepening the toe of the slope to approximately 2.5H:1 V. The adjacent slopes on the south side of Reliez Valley Road are flatter. Findings At this time, it appears that the slope failure has not caused damage to any improvements on your property other than landscaping. However, it is likely that the failure will continue to retrogress upslope unless it is mitigated. possible means of mitigating the problem include placement of rock riprap in the failing area or construction of a small retaining wall at the toe of the slope and backfilling behind the wall. Design of remedial repairs are beyond our scope of work at this time. 031290.001 Cal Engineering&Geology,Inc. Ted Tawfik/ 10 Silverhill Way, Lafayette Page 2 6 February 2004 Limitations Our services have been limited to visual observation of the site and review of available maps. Subsurface exploration or soils testing has been completed. It is possible that additional data from such exploration could warrant modifications to the opinions presented in this letter. We have employed accepted geotechnical engineering procedures, and our professional opinions and conclusions are made in accordance with generally accepted geotechnical engineering principles and practices. This standard is in lieu of all other warranties, either expressed or implied. If you need more clarification regarding possible remedial measures or have questions regarding the information presented herein, please do not hesitate to call. 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Nos'57'13"W 34W a .65Ac. oc tiw e iw .52AC. o A 3 R,22 L5 155 85 A Nos`57`1372 91R•241 6. 107.16 7�576 y, 1 0 � r3 2.73 8.324 05 62'SA 47. 18'24 113.43 R•174 � s•yr3yr .194 R•189 C� ` 818 145.14 ° �L VERHIL 35.76 R-226 5662 8.246 48.55 113 17. 95.48 391 ti•; y° 67.5s °$ �' N 10 1.03Ac, .90Ac. ca z 293.43 7::1.19 i �� a �f c� . rF .90AC. .88Ac. 180 145 24D.69 ;ESSMENT N44'05'W"W 565.69 ASSUMED 391 WtION PARCELS 7TS SPLIT ( 0 392 f { R ,` $ j'� �ob 0"2&�" �r � a y } �y � ; ? ..�,oc�a3.��,. `.��`�,�. ::#� .�': a'` j{ •� w f Y y •S � � y' :e a 4},r 9 A 4'�''. b 9 df•R Y # .c t± ,� tr 4 N Y Y` .yi��rf f h 6k .'-g "?ffi'Y•'y �:,' .. yFi 4 ..a -w w yS%� �fi 3 Ynap2 % C 16 S t AMP, ! F X fn Tr 4 'r �1I, ` ,f�y •a j a`Ys. 4 y9�' -0wp ''d„�lfi „-.'2�t�'Y 4•rs"i VV 'k C �'�,�'f} � / �,?. is ,'�kf•4 .SM'�y ".'S.R ' `b s �:»?h 34 ,Cc.ryry j S� 1 ' 4 Yy F- f f f