File #: 23-0181    Version: 1 Name:
Type: Time Certain Item Status: Agenda Ready
File created: 2/2/2023 In control: Board of Directors
On agenda: 2/28/2023 Final action:
Title: Conduct a Public Hearing to Consider Adopting a Resolution of Necessity Relating to the Acquisition of Real Property Interests from Union Pacific Railroad Company, Necessary to Complete the Coyote Creek Flood Management Measures Project, Project No. 91864007 (San Jose, District 3). (PREVIOUSLY LISTED AS ITEM 2.9)
Attachments: 1. Attachment A: Gov Code 84308, 2. Attachment 1: Easement Deeds No. 4021-303 and 4021-384, 3. Attachment 2: Resolution, 4. Attachment 3: Notice of Intent, 5. Attachment 4: Power Point
BOARD AGENDA MEMORANDUM

Government Code ? 84308 Applies: Yes ? No ?
(If "YES" Complete Attachment A - Gov. Code ? 84308)

SUBJECT:
Title
Conduct a Public Hearing to Consider Adopting a Resolution of Necessity Relating to the Acquisition of Real Property Interests from Union Pacific Railroad Company, Necessary to Complete the Coyote Creek Flood Management Measures Project, Project No. 91864007 (San Jose, District 3). (PREVIOUSLY LISTED AS ITEM 2.9)


End
RECOMMENDATION:
Recommendation
A. Open and Conduct a Public Hearing to consider adopting a Resolution of Necessity relating to the Acquisition of Real Property or Interests from Union Pacific Railroad Company necessary to complete the Coyote Creek Flood Management Measures Project, Project No. 91864007;
B. Close the Public Hearing; and
C. Adopt the Resolution of Necessity DETERMINING AND DECLARING THE PUBLIC NECESSITY FOR THE ACQUISITION OF CERTAIN REAL PROPERTY OR INTERESTS IN REAL PROPERTY BY EMINENT DOMAIN FOR THE COYOTE CREEK FLOOD MANAGEMENT MEASURES PROJECT (PROJECT NO. 91864007) (CODE OF CIVIL PROCEDURE SECTIONS1245.220, et seq.), by a two-thirds vote (5 out of 7).


Body
SUMMARY:
The Santa Clara Valley Water District (Valley Water) is undertaking the Coyote Creek Flood Management Measures Project (CCFMMP) and Coyote Creek Flood Protection Project (CCFPP) to provide flood protection against a flood event equivalent to the February 2017 flood or approximately a 20-year flood event. The CCFMMP is approximately four (4) miles long and located within the City of San Jose.

Acquisition of permanent and temporary construction easements on the property located off Berryessa Road (no site address), in San Jose, California, owned by Union Pacific Railroad Company, is necessary to implement flood protection elements of the CCFMMP.

Project Background
Valley Water Board committed to prioritize and accelerate a portion of the Coyote Creek Flood Protection Project to implement flood improvements along Coyo...

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