BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT:
Title
Denial of Claim of Guy Trujillo.
End
RECOMMENDATION:
Recommendation
Deny the claim.
Body
SUMMARY:
Valley Water received a claim on June 5, 2023, from Morgan Hill resident, Guy Trujillo. Mr. Trujillo resided at 17500 Hoot Owl which is adjacent to the Anderson Reservoir. 17500 Hoot Owl is one of the properties acquired by Valley Water related to the Anderson Dam Seismic Retrofit Project.
According to the claimant, on January 10, 2023, there was a septic tank overflow due to the January 2023 rain event. The claimant is seeking reimbursement of $965.00 for emergency septic service.
Mr. Trujillo signed a deed to sell his property on November 4, 2022 (Attached Exhibit A). He subsequently signed a Right of Way Agreement which set forth the terms of the sale of his property, when Mr. Trujillo was supposed to vacate, etc. (Attached Exhibit B). The executed Right of Way Agreement called for Mr. Trujillo to vacate the 17500 Hoot Owl property once close of escrow was recorded. The recorded Deed in which the ownership was transferred was December 23, 2022. Despite his prior agreement, and despite Valley Water’s best efforts, Mr. Trujillo refused to vacate the property until March 2, 2023. Therefore, Mr. Trujillo was in illegal possession of the property at the time of the septic tank backflow.
Furthermore, Mr. Trujillo hired Morton Septic Service Inc. to perform the removal of the septic tank blockage. According to Morton Septic Service Inc.'s invoice, the inlet line was plugged with roots and tissues and had never been previously pumped indicating that Mr. Trujillo as the previous owner had not properly maintained the septic tank leach field.
Based on Risk Management's research and consultation with staff, Risk Management has reached the conclusion that Valley Water is not responsible for any costs related to the septic tank overflow. Therefore, there is no liability on the part of Valley Water, and staff recommends that the claim be denied.
ENVIRONMENTAL JUSTICE 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: Exhibit A, Deed
Attachment 3: Exhibit B, Right of Way Agreement
UNCLASSIFIED MANAGER:
Manager
Carlos Orellana, 408-630-2755