BOARD AGENDA MEMORANDUM
SUBJECT:Title
Denial of Claim of Wedgewood Manor Homeowners Association.
End
RECOMMENDATION:Recommendation
Deny the claim.
Body
SUMMARY:
Santa Clara Valley Water District (Valley Water) received a claim on August 31, 2022, from Wedgewood Manor Homeowners Association located at 14225 Lora Drive in Los Gatos. On June 7, 2022, a limb from a tree on property adjacent to Wedgewood Manor broke, damaging a lamp post and fence. The claimant is seeking $8,500.00 for the removal of the tree limb plus the repair costs for the fence and lamp post.
Risk Management has performed research and determined that Valley Water is not responsible for the damage to the claimant's property for the following reasons. First, the tree in question is not on Valley Water property and Valley Water had no duty to maintain the tree. Second, this is a naturally occurring tree. Generally, a public entity is not responsible for damages caused by a naturally occurring tree, absent some sort of negligence on the part of the entity. Here, there was no negligence on the part of Valley Water that caused the limb to fall. Thus, Valley Water is not responsible for damages caused by this tree.
Because there is no liability on the part of Valley Water 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, Wedgewood Manor Homeowners Assoc.
UNCLASSIFIED MANAGER:Manager
Carlos Orellana, 408-630-2755