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File #: 22-0946    Version: 2 Name:
Type: Consent Calendar Item Status: Agenda Ready
File created: 8/2/2022 In control: Board of Directors
On agenda: 9/13/2022 Final action:
Title: Denial of Claim of Andres Carrasco.
Attachments: 1. Attachment 1: Claim

BOARD AGENDA MEMORANDUM

 

 

SUBJECT:Title

Denial of Claim of Andres Carrasco.

 

 

End

RECOMMENDATION:Recommendation

Deny the claim.

 

 

Body

SUMMARY:

Santa Clara Valley Water District (Valley Water) received a claim on July 19, 2022, from San Jose resident, Andres Carrasco.  Claimant resides at 4649 Hampton Falls Place in San Jose which is near the Guadalupe River Trail.  According to the claimant, on June 11, 2022, at approximately 7:05 pm, a large double paned window was broken by a vandal using a rock thrown from Guadalupe River. 

 

The claimant is seeking reimbursement for $1,695.00 for the repair of the window.

 

According to this claim, two previous claims had been submitted previously for broken windows, however our records indicate only one previously filed claim. That particular claim was received on October 29, 2019, for a window broken on June 6, 2019 and that claim was denied by the Board of Directors on November 26, 2019.

  

Risk Management has investigated this matter and determined that Valley Water is not responsible for the damage to the window.  The damage was caused by the criminal conduct of a third party, and there was no negligence on the part of Valley Water.  Therefore, there is no liability on the part of Valley Water, and staff recommends that the claim be denied.

 

 

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 a potential for resulting in direct or reasonably foreseeable indirect physical change in the environment.

 

 

ATTACHMENTS:

Attachment 1:  Claim

 

 

UNCLASSIFIED MANAGER:Manager

Carlos Orellana, 408-630-2755




Notice to Public:

The Santa Clara Valley Water District publishes meeting agendas two Fridays prior to regular meetings, and publishes amended and special meeting agendas one Friday prior. During the process of amending an agenda, individual links to Board Agenda Reports may not be available. In these cases, please reference the “Full Agenda Package” instead.