BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Denial of Claim of Monarch Leasing Inc.
End
RECOMMENDATION: Recommendation
Deny the claim.
Body
SUMMARY:
Santa Clara Valley Water District (Valley Water) received a claim on August 22, 2024, from Monarch Leasing Inc. d/b/a Monarch Truck Center (Monarch). According to the claim, six parked trucks at Monarch’s yard at 1345 E. Taylor Street in San Jose were vandalized and their batteries were stolen on July 10 or 11, 2024 (Attachment 1).
1345 E. Taylor Street is being used as the work site for Valley Water’s Coyote Creek Flood Management Measures Project, part of the FERC Order Compliance Project. Immediately adjacent to this worksite, which backs up to Coyote Creek, the City of San Jose recently installed a trail footbridge crossing Coyote Creek that has introduced increased foot traffic along the back side of this property. As part of its Project duties, Valley Water’s general contractor, Gordon N. Ball, Inc. (Gordon Ball) installed new temporary fencing around the work site that is identical in size and quality to other fencing around the property. The claimant alleges, however, that there was a gap in the fencing that would allow someone to get through. In any event, the vandals cut through the temporary fencing gaining access to the parked trucks. The claimant states the cost to repair the damaged components and replace the batteries for the six vandalized trucks is $7,815.42 ($1,302.57 x 6 = $7,815.42).
Valley Water tendered the claim to its general contractor, Gordon Ball. Gordon Ball responded that it was not responsible for the incident (Attachment 2).
Based on Valley Water’s staff investigation, staff believes that Valley Water is not responsible for this incident for three reasons. First, the damage was caused by third parties who are not under Valley Water’s control. Valley Water did not place on or invite these individuals to enter Monarch’s property. And, Monarch’s trucks are plainly visible from the outside and relatively accessible by a determined thief. Second, the property was secured similarly to its pre-Project condition. Third, while it is possible that the City’s new footbridge has led to a significant increase in foot traffic along the back of the property, Valley Water does not own or control the footbridge. Staff therefore recommends that the Board deny this claim.
Please note that a second, more recent incident of vandalism and theft allegedly occurred at this project site a couple months ago. Staff continues to maintain that Valley Water is not responsible for the acts of independent third parties, that the site has been fully secured with fencing identical in size and quality to that which existed pre-Project, and any potential increase in foot traffic from the City’s recent project is not Valley Water’s responsibility.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
There are no Environmental Justice Impacts associated with this item.
FINANCIAL IMPACT:
There is no financial impact associated with this item.
CEQA:
The recommended action does not constitute a project under CEQA because it does not have a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment 1: Claim
Attachment 2: Tender of Claim
UNCLASSIFIED MANAGER: Manager
Carlos Orellana, 408-630-2755