BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Denial of Claim of Leticia (Lety) Villa.
End
RECOMMENDATION: Recommendation
Deny the claim.
Body
SUMMARY:
Santa Clara Valley Water District (Valley Water) received a claim on March 4, 2025, from San Jose resident Leticia (Lety) Villa, who resides at 1991 Ridgemont Drive in San Jose. This home is adjacent to Lower Silver Creek. Ms. Villa alleges that airborne cattail spores have caused damage to her patio set, spa cover, and sliding screen. She is seeking damages in the amount of $3,350.00. She submitted three photographs to the Risk Management Unit, but they are inconclusive and lack sufficient evidence to substantiate the claim (Attachment 2).
According to Valley Water's Vegetation Field Operations (VFO) unit, Lower Silver Creek is designed to naturally recruit emergent vegetation, such as cattails. This vegetation is an essential component in mitigating the effects of channel modifications for capacity improvements. The Mitigation Monitoring Plan (MMP) submitted to regulatory agencies specifies the establishment of wetland vegetation adjacent to the base-flow channel, with a mandated 10-year monitoring period set to continue through 2028. While the MMP does not define specific vegetation cover requirements, it mandates that a designated acreage of jurisdictional wetlands be established.
The VFO unit does not manage creek vegetation to address general nuisances, such as raking leaves, removing poison oak, trimming tree branches that extend into neighboring properties, or clearing vegetation to abate animals such as mice, racoons, skunks, etc. Additionally, even if the area were not subject to ongoing vegetation monitoring, Watersheds O&M would typically only remove cattails based on a recommendation from a hydrologist or engineer aimed at improving flow capacity.
The "fluff" or "spores" are airborne cattail seeds. Cattails are native and found growing in most creeks throughout Santa Clara County thus under Government Code section 831.2, Valley Water is immune from liability for naturally occurring conditions.
There is no evidence of negligence on the part of Valley Water. Therefore, there is no liability, and staff recommends that the claim be denied.
Risk Management staff has communicated this recommendation to the claimant and informed her of her right to address the Board when it considers this matter.
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: Photographs
*Handout 4.9-A: Villa Letter
UNCLASSIFIED MANAGER: Manager
Carlos Orellana, 408-630-2755