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 o...
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