BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT:
Title
Denial of Claim of Brigitte Rince and Mark Bolger.
End
RECOMMENDATION:
Recommendation
Deny the claim.
Body
SUMMARY:
Santa Clara Valley Water District (Valley Water) received a claim August 1, 2024, from Mr. Robert Martinez, Esq., representing claimants Brigitte Rince and Mark Bolger. Ms. Rince and Mr. Bolger owned a home located at 967 Chynoweth Avenue in San Jose for twenty years. This property shared a fence line with Valley Water adjacent to Valley Water's percolation pond and the Guadalupe River trail. The claimants listed said property for sale for $1,580,000.00 and was sold for $1,350,000.00 after being on the market for 65 days. The claimants contend that "Valley Water's neglected property overrun by encampments and permissible trash, blight, and criminal activities was a direct and proximate cause of the diminished value of their property."
The claimants seek $300,000.00 as monetary damages alleging that $300,000.00 is the difference between the amount the property sold for versus the amount property would have sold for but for Valley Water's conduct.
The California Government Claims Act generally provides sovereign immunity to public entities. A public entity is not liable for an injury, whether such injury arises out of an act or omission of the public entity or a public employee or any other person, except as otherwise provided by statute. The Act provides sovereign immunity where the government would otherwise be liable under the general principles of tort law, such as negligence.
Risk Management has investigated this matter and determined that Valley Water is not responsible for the allegedly diminished value of the property. Any perceived diminished value is attributed to the conduct of independent third parties over whom Valley Water has no control and there was no negligence on the part of Valley Water.
Homelessness is a problem that is endemic to the Silicon Valley and many other areas. Valley Water owns large portions of land and cannot be responsible as the guarantor of homeless conduct on its land. Valley Water has no police power and therefore cannot, by itself, remove unhoused individuals.
Staff has determined that there is no cognizable legal theory under which Valley Water is liable for the acts of independent third parties. Staff therefore recommends that the claim be denied.
Risk Management staff has advised Mr. Robert Martinez, Esq. of this recommendation and of the right for him and/or his claimants to speak to the Board at its consideration of this item.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
There are no environmental justice and equity impacts associated with the denial of claim of Brigitte Rince and Mark Bolger. This action is unlikely to or will not result in adverse impacts and is not associated with an equity opportunity.
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
UNCLASSIFIED MANAGER:
Manager
Carlos Orellana, 408-630-2755