BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Denial of Claim Submitted by First Community Housing and Betty Anne Gardens, L.P. Represented by Strategy Law, LLP.
End
RECOMMENDATION: Recommendation
Deny the claim.
Body
SUMMARY:
On August 11, 2025, Strategy Law, LLP, representing First Community Housing and Betty Anne Gardens, L.P., submitted a claim. The Betty Anne Gardens affordable housing community is located along Penitencia Creek. On February 13, 2025, the creek experienced a significant flooding event that lasted several hours and inundated numerous residential units and common areas. Subsequent investigation determined that the flooding was caused by a massive debris jam upstream of the property, which obstructed flow and led to overtopping and downstream discharge.
The City of San José (“City”), which received the same claim as Santa Clara Valley Water District (Valley Water) from Strategy Law, LLP, tendered this claim to Valley Water on September 22, 2025, under the theory that Valley Water agreed to indemnify the City from all claims directly or indirectly resulting from the District’s exercise of flood management on the premises or from acts, omissions or activities of District personnel, pursuant to the Tri-Party Agreement for the Joint-Use of Lands along Upper Penitencia Creek, executed in 2007 by Valley Water, the City, and County.
At the time of the flooding event, Valley Water did not own, control, or maintain the reach of Penitencia Creek adjacent to Betty Anne Gardens. Valley Water held no land rights or easements in the affected area and would have required a right-of-way and cooperative agreement with the City to access the area and implement flood protection measures or clear debris. Absent such an agreement, the City as landowner, is responsible for maintaining the area or clearing debris from the creek at that location, not Valley Water. The City is aware of this fact, as Valley Water reminded the City of their responsibility as landowners in response to a request from the City for debris removal in this area in 2023.
Furthermore, the mere fact that Valley Water has authority to implement flood mitigation measures in Santa Clara County does not mean it has a duty to prevent flooding throughout the County in all places and at all times. Valley Water does not assume liability for any and all damages that may be caused by flooding throughout the County. Valley Water must have had some measure of ownership, control, specific duty imposed by statute, or involvement in the creation of the dangerous condition, in order to be liable for resulting damages. No such circumstances existed here.
Valley Water had no duty or authority to exercise flood management on the premises or clear debris absent an agreement with the City, who own the land at issue. 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
*Handout 4.5-A: Strategy Law, LLP
UNCLASSIFIED MANAGER: Manager
Carlos Orellana, 408-630-2755