File #: 17-0668    Version: 1 Name:
Type: Time Certain Item Status: Agenda Ready
File created: 9/27/2017 In control: Board of Directors
On agenda: 10/10/2017 Final action:
Title: Hearing to Consider Adoption of Resolution of Necessity Relating to Acquisition of Real Property Interests from Morgan Hill Plaza, Necessary to Complete the Upper Llagas Creek Flood Protection Project, Project No. 26174051 (Morgan Hill) (District 1) (Continued From September 26, 2017).
Attachments: 1. Attachment 1: Map, 2. Attachment 2: Resolution, 3. *Handout: Item 2.7-A, PowerPoint
BOARD AGENDA MEMORANDUM


SUBJECT:
Title
Hearing to Consider Adoption of Resolution of Necessity Relating to Acquisition of Real Property Interests from Morgan Hill Plaza, Necessary to Complete the Upper Llagas Creek Flood Protection Project, Project No. 26174051 (Morgan Hill) (District 1) (Continued From September 26, 2017).


End
RECOMMENDATION:
Recommendation
A. Conduct Hearing to consider adoption of Resolution of Necessity relating to acquisition of real property interests from Morgan Hill Plaza necessary to complete the Upper Llagas Creek Flood Protection Project, Project No. 26174051; and

B. 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 UPPER LLAGAS CREEK FLOOD PROTECTION PROJECT NO. 26174051 (CODE OF CIVIL PROCEDURE SECTIONS 1245.220, et seq.), by two-thirds vote.


Body
SUMMARY:
The Santa Clara Valley Water District (District) is undertaking the Upper Llagas Creek Flood Protection Project (Project) in partnership with the U.S. Army Corps of Engineers (Corps) and the City of Morgan Hill (City) to provide flood protection. The Project is approximately 13 miles long and encompasses the Cities of Morgan Hill, Gilroy, and various unincorporated areas of Santa Clara County, including San Martin.

The Project has been divided into two phases for construction as identified in Attachment 1. Phase 1 construction is approximately 4.2 miles in length and includes Reach 4, a portion of Reach 5, Reach 7a (diversion channel), and Lake Silveira (on-site compensatory mitigation). Phase 2 construction is approximately 9.7 miles in length and includes a portion of Reach 5 and Reaches 6, 7b, 8, and 14.

This proposed acquisition of property is required for Phase 2 construction of the Project.

Background. The Project was originally administered by the United States Natural Resources Conservation Service (NRCS). In 1999, the Corp...

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