BOARD AGENDA MEMORANDUM
Government Code § 84308 Applies: Yes ☐ No ☒
(If “YES” Complete Attachment A - Gov. Code § 84308)
SUBJECT: Title
Adopt Plans and Specifications and Authorize Advertisement for Bids for the Berryessa Creek Flood Protection Project, Calaveras Boulevard to Interstate 680, Upper Berryessa Creek Off-Site Mitigation Project, Project No. 26174041, Contract No. C0717 (Milpitas and San Jose, Districts 3 and 6).
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RECOMMENDATION: Recommendation
A. Consider the First Addendum to the Final Environmental Impact Report (EIR) along with the Final EIR for the Upper Berryessa Creek Flood Risk Management Project;
B. Approve the Upper Berryessa Creek Off-Site Mitigation Project
C. Adopt the Plans and Specifications and Authorize Advertisement for Bids for Construction of the Upper Berryessa Creek Off-Site Mitigation Project per the Notice to Bidders; and
D. Authorize the Designated Engineer to issue addenda, as necessary, during the bidding process.
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SUMMARY:
The Upper Berryessa Creek Off-Site Mitigation Project (Mitigation Project) will provide mitigation planting enhancement in connection with the Upper Berryessa Creek Flood Risk Management Project (FRMP), a joint project between the U.S. Army Corps of Engineers (USACE) and the Santa Clara Valley Water District (Valley Water). The proposed Mitigation Project includes 15 acres or 15,000 linear feet of mitigation planting containing three types of enhancement areas within the cities of Milpitas and San Jose: (1) native herbaceous seeding sites across approximately 60% of the area (i.e., 9 acres or 9,000 linear feet), (2) native woody planting sites across approximately 27% of the area (i.e., 4 acres or 4,000 linear feet), and (3) road decommissioning sites across approximately 13% of the area (i.e., 2 acres or 2,000 linear feet).
Project Background
The FRMP completed construction in December 2018 and provides flood protection for residents, businesses, and infrastructure along Upper Berryessa Creek. The FRMP was permitted under the Waste Discharge and Water Quality Certification on March 14, 2016, by the California Regional Water Quality Control Board San Francisco Region (Water Board), which facilitated the contracting and construction schedule later in 2016. The Water Board also stated that subsequent to the issuance of this Certification, they would consider the adoption of Waste Discharge Requirements with Valley Water named as permittee for the Project. On April 17, 2017, the Water Board issued a revised Waste Discharge Requirements and Water Quality Certification that rescinded and superseded the March 2016 Certification. The revised Certification included a condition that Valley Water provide compensatory mitigation enhancement for 15 acres or 15,000 linear feet to Waters of the State. To comply with this requirement, Valley Water drafted the Off-Site Mitigation Monitoring Plan for the FRMP-which activities therein necessitated the Mitigation Project.
Relevant Prior Board Actions
On February 9, 2016, the Board considered the environmental effects of the FRMP as presented in the Final Environmental Impact Report (EIR), adopted Resolution No. 16-04 certifying the Final EIR, adopted a Mitigation Monitoring and Reporting Program, Findings of Fact, and Statement of Overriding Considerations, and approved the FRMP. Additional information pertaining to the California Environmental Quality Act process is included below in this memorandum.
Rights-of-Way
This Mitigation Project will be constructed within Valley Water’s existing rights-of-way.
Permits
The Mitigation Project is a covered activity under the Santa Clara Valley Habitat Plan. Staff also received a confirmation letter from the California Department of Fish and Wildlife stating that a Lake or Streambed Alteration Agreement is not required for the Mitigation Project.
Outreach to Bidders
The Notice to Bidders (Attachment 2) will be sent to the following recipients: 26 plan rooms, 83 minority businesses, 44 Chambers of Commerce, as well as small business groups, certified small business contractors, and local and regional firms that have the appropriate license for this type of work, and the Santa Clara and San Benito Counties Building and Construction Trades Council, which maintains contacts with at least 1,048 contractors and 70 union representatives. The total number of entities to be notified utilizing PlanetBids is 1322.
Board Adoption of Plans and Specifications and Addenda Authorization
Board adoption of plans and specifications, and Board authorization to advertise is recommended to proceed to bid the Mitigation Project for construction. Authorizing the Designated Engineer to issue addenda during the bidding allows for modifications to the construction Contract Documents, if necessary, during the bidding period and before the contract is awarded.
ENVIRONMENTAL JUSTICE IMPACT:
There are no environmental justice impacts associated with the Mitigation Project. This action is unlikely to result in disproportionate impacts on any specific community(ies) relative to the general population from the implementation of this project.
FINANCIAL IMPACT:
The Berryessa Creek Flood Protection Project, Calaveras Boulevard to Interstate 680 - Upper Berryessa Creek Off-Site Mitigation Project, Project No. 26174041 is included in the Capital Improvement Program (CIP) Fiscal Years (FY) 2026-30 Five-Year Plan and in the FY 2025-26 (FY26) Adopted Budget. The estimated construction contract costs for the Mitigation Project are included in the estimated total project cost (TPC) for Project No. 26174041 and there are adequate funds in the FY26 Adopted Budget to encumber the planned expenditures for construction to be incurred during this fiscal year. The estimated cost of the construction contract is between $2.6 million and $3.4 million. The Project is funded by the Safe, Clean Water & Natural Flood Protection Program Fund (Fund 26).
The Berryessa Creek Flood Protection Project was originally included in the Clean, Safe Creeks and Natural Flood Protection Plan approved by voters in 2000 and was subsequently transitioned into the voter-approved 2012 Safe, Clean Water and Natural Flood Protection Program (2012 Program), under which the Berryessa Creek Flood Protection Program was constructed and the remaining required associated funds were encumbered. However, the project was not included in the renewed Safe, Clean Water and Natural Flood Protection Program (Safe, Clean Water Program) approved by voters in 2020 and is, therefore, not eligible for additional funding from Fund 26. Any funding required beyond the amount encumbered under the 2012 Program to complete the Upper Berryessa Creek Flood Protection Project, which includes the Mitigation Project, will be provided by the Watershed and Stream Stewardship Fund (Fund 12).
CEQA:
On October 27, 2001, Valley Water issued a Notice of Preparation (NOP) for the FRMP Environmental Impact Report (EIR). The 30-day scoping period for the project occurred between October 27 and November 27, 2001. A public scoping meeting was held on November 7, 2001, at the City of Milpitas Police Department.
Valley Water released the Draft EIR (DEIR) for review and comment by the public for a 49-day period beginning September 25, 2015, and ending November 12, 2015. The DEIR and Notice of Completion (NOC) were transmitted to the State Clearinghouse on September 24, 2015, and notice of the DEIR's availability was sent to interested parties. Valley Water received five comment letters on the Draft EIR during the comment period. All public comments were responded to as part of the Final EIR that was published on January 29, 2016. Valley Water’s Board considered and certified the Final EIR on February 9, 2016, and a Notice of Determination (NOD) was filed on February 16, 2016. The Final EIR can be viewed from here: [<https://fta.valleywater.org/dl/3cVKhhJwVYpG>].
An addendum (Attachment 6) has now been prepared, and is currently before this Board for consideration, to demonstrate that the implementation of the Off-Site Mitigation Plan would not result in new significant environmental effects and would not substantially increase the severity of any significant environmental effects identified in the EIR.
ATTACHMENTS:
Attachment 1: Location Map
Attachment 2: Notice to Bidders
Attachment 3: Project Delivery Process Chart
Attachment 4: Plans
Attachment 5: Specifications
Attachment 6: First Addendum to the Final EIR
UNCLASSIFIED MANAGER: Manager
Bhavani Yerrapotu, 408-630-2735