BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Denial of Claim of William G. Johnson.
End
RECOMMENDATION: Recommendation
Deny the claim.
Body
SUMMARY:
Valley Water received a claim on November 19, 2024, from Fremont resident, Mr. William G. Johnson. The claimant alleges that the windshield of his 2012 Lexus was struck by a rock that fell from a Valley Water dump truck. This alleged incident occurred while the claimant was driving towards Fremont on Highway 237.
According to the claimant, the rock created a "pit" in the windshield and requests that Valley Water replace the entire front windshield with OEM parts at the cost of $3,340.56.
Risk Management has performed research and Watersheds Field Operations confirmed there was a Valley Water truck in the vicinity of Highway 237 on the day of the incident. However, this is not sufficient to establish liability on the part of Valley Water.
Putting aside whether Mr. Johnson could establish that a rock or debris did in fact come from that Valley Water vehicle, there is no evidence of any negligence on the part of the Valley Water driver. Therefore, there is no liability on the part of Valley Water and staff recommends that the claim be denied.
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
UNCLASSIFIED MANAGER: Manager
J. Carlos Orellana, 408-630-2755