City faces $18M in claims from 390 victims
Officials will need to decide whether to pay out or reject claims from February flood that caused $100M in damage, led to 40,000 evacuations
SAN JOSE >> Seven months after flooding from Coyote Creek engulfed hundreds of homes, San Jose faces 390 claims from victims totaling more than $18 million.
City officials will decide next week whether to pay out or reject the hundreds of claims.
A bulk of claims are from attorney Amanda Hawes, who’s representing 150 households deluged by the devastating February flood. Though San Jose leaders set up evacuation centers and sent workers to monitor the rising water, the city didn’t warn or evacuate residents until after floodwaters swept through the homes and forced rescues by boat.
The catastrophe led to 40,000 evacuations and $100 million in property damage.
“We would like people to be made whole for what they lost and for each of these agencies to be proactive and prove they’ve made the changes necessary so this never happens again,”
Hawes said.
Hawes also filed claims against the Santa Clara Valley Water District, which is responsible for flood control. The water district received 419 claims, though spokesman Marty Grimes said some may be duplicated. About 396 claims have been filed against Santa Clara County, arguing officials should've alerted residents through its emergency notification system.
County Counsel James Williams said the county plans to reject all the claims.
Concepcion Romero, a 66-year-old homemaker, hasn't been able to return to her South 20th Street home since it was soaked by floodwaters, rising as high as 13 inches. She has claims pending against the city, county and water district.
Romero and her husband Francisco, who has Parkinson's disease, are still living in a San Jose shelter, and say they have suffered illness from mold and water contamination from the flooding.
“I've had major anxiety and stress. I cry on a daily basis,” Romero said through a Spanish translator. “It's been so hard not living in the home I spent years 15 years paying for. It's traumatizing. I want changes to better the situation for those who live near Coyote Creek.”
Romero is asking for $170,000 for home repairs and to replace clothing, appliances and furniture.
San Jose City Attorney Rick Doyle said his office hasn't decided how to handle the claims, but plans to next week. The city has 45 days to either pay out or reject the claims, after which the flood victims have a year to file a lawsuit. Hawes said it's the next step if her clients don't get results.
The claims seek money to replace belongings, fix property damage, compensate a loss of rental income and diminished property values, in amounts ranging from hundreds of dollars to half a million dollars each. Hawes said members of at least 30 households she's representing still live in temporary housing and are unable to return home.
Doyle said San Jose “expresses our sympathies for all their hardships” but the question is whether the city is legally responsible for what happened. Elected leaders, including Mayor Sam Liccardo, have publicly taken blame for failing to notify residents in time.
“The main question is, does the city have any liability for the flood and the damage that resulted?” Doyle said. “We're still assessing that. No one wants to see anyone go through these hardships, but when it comes to the claims, we have to protect the taxpayers of the city and do our job.”
A $6.9 million flood relief fund helped most victims pay for housing and other needs. Payments from that fund will be deducted from any claims paid by the city, Doyle said.
While San Jose couldn't have stopped Coyote Creek from jumping its banks after record rainfall and spilling into three neighborhoods, Hawes said, the city should have warned and evacuated people more quickly. That might have allowed them more time to remove belongings and sandbag to minimize damage.
Another claimant, Elyana Yanez, 37, said the flood forced her family of seven to flee their rental home on 19th Street and live in a motel for months. Catholic Charities placed the family in a three bedroom apartment, but the lease ends this month and she has no where to go.
“We're a working family and coming up with money is difficult for us,” Yanez said. “We have no savings anymore. We're not looking for millions just something to get us back on our feet.”