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 from an Unknown Owner(s), Necessary to Complete the Coyote Creek Flood Protection Project, Project No. 26174043, Real Estate File No. 4021-527 (San Jose, District 2).
End
RECOMMENDATION: Recommendation
A. Open and conduct the Public Hearing to consider adoption of a Resolution of Necessity relating to the acquisition of real property from an unknown owner(s), necessary to complete the Coyote Creek Flood Protection Project, Project No. 26174043;
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 PROTECTION PROJECT (PROJECT NO. 26174043) (CODE OF CIVIL PROCEDURE SECTIONS 1245.220, et seq.), by a two-thirds vote.
Body
SUMMARY:
The Santa Clara Valley Water District (Valley Water) is undertaking the Coyote Creek Flood Protection Project (CCFPP or Project) to provide flood protection against a flood event equivalent to the February 2017 flood or approximately a 20-year flood event. The CCFPP is approximately nine (9) miles long and located within the City of San Jose. The Project is part of the Safe, Clean Water and Natural Flood Program that voters renewed in November 2020.
To implement the flood protection elements of the CCFPP, Valley Water must acquire a property that lacks an APN or address, but lies between parcels numbered APN 467-13-055 and 467-13-056 (the "Property") in City of San Jose.
Valley Water staff recommends proceeding with the acquisition of the Property through eminent domain to meet the Project objectives and schedule.
Project Background
The CCFPP's primary objective is to provide protection fr...
Click here for full text