BOARD AGENDA MEMORANDUM
Government Code ? 84308 Applies: Yes ? No ?
(If "YES" Complete Attachment A - Gov. Code ? 84308)
SUBJECT: Title
Denial of Claim of Robert Emmons.
End
RECOMMENDATION: Recommendation
Deny the claim.
Body
SUMMARY:
On August 11, 2025, Valley Water received a claim from Mr. Robert Emmons, a San Jose resident, alleging personal property loss and emotional distress resulting from the May 19-20, 2025, tri-party encampment abatement conducted along the Guadalupe River near Autumn Parkway and Coleman Road, where he states he resided as an unhoused individual.
Mr. Emmons seeks $12,498.94 in damages for the alleged loss of personal property and emotional distress.
INVESTIGATION:
Valley Water staff conducted a thorough review, including:
* Photographic Evidence: Good Neighbor Program staff reviewed more than 200 photographs of the abated encampments. No items matching those claimed (including a Honda Inverter Generator, Cannondale Easy Rider recumbent bicycle, Dell Vostro laptop, California King bed and bedframe, or REI Co-op Base Camp 6 tent) were identified.
* Storage Search: Staff searched Valley Water's storage containers, where storable property collected during abatements is held for 90 days in compliance with state law. None of the listed items were found.
* Staff Interviews: The Senior Maintenance Worker who oversaw the abatement had no recollection of encountering any of the claimed items. The Field Operations Administrator and Engineering Technician, who inspected the site prior to abatement, did not observe the claimed items.
* In summary, no items listed in the claim were identified in any photograph, found in the storage containers, or recalled/observed by Valley Water staff.
Valley Water does not have any evidence that Robert Emmons was residing in the area of the abatement on May 19-20, 2025. This large-scale encampment abatement was a parallel effort with the City of San Jose and Union Pacific Railroad each cond...
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