BOARD AGENDA MEMORANDUM
Government Code ? 84308 Applies: Yes ? No ?
(If "YES" Complete Attachment A - Gov. Code ? 84308)
SUBJECT: Title
Denial of Claim of Bilal Abbas on Behalf of Bibz N Ribz, LLC.
End
RECOMMENDATION: Recommendation
Deny the claim.
Body
SUMMARY:
On September 3, 2025, Santa Clara Valley Water District (Valley Water) received a claim submitted by Mr. Bilal Abbas on behalf of Bibz N Ribz, LLC. The claim asserts property damage and loss of income arising from a fallen Western sycamore tree. This naturally occurring tree fell causing structural damage to the claimant's food truck, Bibz N Ribz. The claimant seeks unspecified monetary damages.
Under the California Government Tort Claims Act and the California Claims Act (collectively, "Act"), a public entity is not liable for an injury except as otherwise provided by statute. (Cal. Gov. Code 815, subd. (a)). Generally, a public entity bears no liability for damage caused by a tree on public land even when damage occurs on private property unless the entity had actual knowledge of the tree's hazardous condition or affirmatively acted in a manner that caused the damage.
Valley Water staff inspected the site and confirmed that the tree was fully dead; however, the tree had never been reported or inventoried by Valley Water and was therefore unknown to Valley Water. As Valley Water had no actual knowledge of the tree's hazardous condition, there is no negligence on the part of Valley Water.
Accordingly, staff respectively requests that the claim be denied in its entirety.
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 potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.
ATTACHMENTS:
Attachment 1: Claim
Attach...
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