BOARD AGENDA MEMORANDUM
Government Code ? 84308 Applies: Yes ? No ?
(If "YES" Complete Attachment A - Gov. Code ? 84308)
SUBJECT:
Title
Denial of Claim of Robert Liu.
End
RECOMMENDATION:
Recommendation
Deny the claim.
Body
SUMMARY:
Santa Clara Valley Water District (Valley Water) received a claim on August 5, 2024, from Los Altos resident, Robert Liu. The Claimant resides at 756 Arroyo Road in Los Altos which is adjacent to Hale Creek. According to the claimant, since 2020 until present, squirrels have been tunneling through the concrete-lined channel wall gaps onto his property, causing foundation damage, the specific damage being the cracking and sinking of the patio and side yard.
The monetary claim amount is unspecified.
Risk Management has investigated this matter and determined that Valley Water is not responsible for the foundation damage. There is no indication that Valley Water has done anything negligent or unreasonable to cause the squirrels to enter onto the claimant's property. The wildlife residents of Valley Water's local creeks and streams are not Valley Water property; thus, Valley Water is unable to prevent their ingress and egress to the claimant's property. Therefore, there is no liability on the part of Valley Water, and staff recommends that the claim be denied.
Staff is currently evaluating alternatives to repair or replace some of the concrete panels adjacent to the claimant's property under Valley Water's Stream Maintenance Program. Repair or replacement of these concrete panels may take place as early as the Summer of 2025.
Risk Management staff has advised the claimant of this recommendation and of his right to speak to the Board at its consideration of this item.
ENVIRONMENTAL JUSTICE AND EQUITY IMPACT:
There are no environmental justice and equity impacts associated with the denial of claim of Robert Liu. This action is unlikely to or will not result in adverse impacts and is not associated with an equity...
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