BOARD AGENDA MEMORANDUM
Government Code ? 84308 Applies: Yes ? No ?
(If "YES" Complete Attachment A - Gov. Code ? 84308)
SUBJECT:
Title
Denial of Claim of Hongze Victor Chen.
End
RECOMMENDATION:
Recommendation
Deny the Claim.
Body
SUMMARY:
Santa Clara Valley Water District (Valley Water) received a claim on February 15, 2024, from property owner, Hongze Victor Chen regarding fence damage at 3557 Mauricia Avenue in Santa Clara. According to the claimant, Valley Water staff allegedly did not close the backyard fence gate following creek cleanup work on Saratoga Creek. He believes the gate swung back and forth during the heavy rain and wind on February 4, 2024, causing damage to the entire fence.
The claimant is seeking reimbursement of $4,200.00 to either fix or repair the backyard fence.
Risk Management met with the claimant for a site visit on February 21, 2024, performed research and consulted with staff and determined that Valley Water is not responsible for the fence damage. Most importantly, Valley Water staff had not been in the vicinity of Mr. Chen's home for several months before the February 4, 2024 storms. Staff last performed work in the vicinity of the claimant's home in October 2023.
Therefore, Valley Water is not liable for fence damage. The claimant has been provided information regarding Valley Water's Good Neighbor Fencing Program and the claimant has expressed interest in participating. To date however, he has not applied.
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.
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