BOARD AGENDA MEMORANDUM
SUBJECT:
Title
Public Hearing to Consider Adoption of Resolution of Necessity Relating to Acquisition of Real Property Interests Located in the City of Milpitas, of Unknown Ownership, Necessary to Complete the Lower Berryessa Creek Flood Protection Phase 2 Project (Project No. 40174005).
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RECOMMENDATION:
Recommendation
A. Conduct a public hearing to consider adoption of Resolution of Necessity (RON) (Attachment 1) relating to acquisition of real property interests from unknown owner on property described and depicted in the plats and legal description included as Exhibit 1 (Attachment 2) and Exhibit 2 (Attachment 3) of the RON; and
B. Adopt the RON determining and declaring the Public Necessity for the Acquisition of Certain Real Property or Interests in Real Property by Eminent Domain for the Lower Berryessa Creek Flood Protection Project Phase 2 (Code of Civil Procedure Sections 1245.220, et seq.) by a two-thirds vote.
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SUMMARY:
The Lower Berryessa Creek Flood Protection Project (Project) provides flood protection from a one-percent chance event to the businesses and residents in Milpitas. The Project extends approximately 1.6 miles from its confluence with Lower Penitencia Creek upstream to Calaveras Boulevard. Phase 1 of the Project is approximately 2,200 feet long and extends from the confluence with Lower Penitencia Creek to downstream of the Abel Street Overcrossing. Phase 2 is approximately 6,400 feet long and extends from downstream of the Abel Street Overcrossing to Calaveras Boulevard.
On June 9, 2015, the Board awarded a construction contract to Brosamer & Wall, Inc., for Phase 1 of the Project. On June 28, 2016, the Board awarded a construction contract to Brosamer & Wall, Inc., for Phase 2 of the Project. The goal is to complete construction of the Project by December 2017, to avoid impacts to the opening and operations of the Milpitas BART Station and construction of the Upper Berryessa Creek Proj...
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