TO:Andrew P. Powers, City Manager
FROM:Nader Heydari, Public Works Director
DATE:July 8, 2025
SUBJECT: Public Emergency Declaration – Lynn Road Sinkhole and Storm Drain Replacement (CI 5670)
RECOMMENDATION:
1. Confirm Public Emergency Declaration by City Manager on June 24, 2025, pursuant to Thousand Oaks Municipal Code (TOMC) 3-10.308 (requires four-fifths vote).
2. Pursuant to Public Emergency Declaration, waive bid process set forth in TOMC 3-10.305.
3. Authorize City Manager to execute a Construction Contract with J & H Engineering General Contractors, Inc. (Camarillo, CA) in an amount not to exceed $781,200, plus a contingency of $78,120.
4. Approve budget appropriation in the amount of $374,320 from A/C #001-0000- 311-1000 (General Fund – Fund Balance) to A/C #001-5310-631-8300 (CI 5670, Corrugated Metal Pipe Replacements Project).
5. Authorize expenditure in an amount not to exceed $874,320 ($781,200 construction contract, $78,120 contingency, and $15,000 city furnished supplies and materials) from A/C #001-5310-631-8300 (CI 5670, Corrugated Metal Pipe Replacements FY 2025-27).
6. Find that the Project is categorically exempt from the California Environmental Quality Act (CEQA) pursuant to 14 CCR 15302.
LEVINE ACT ITEM: Yes
FINANCIAL IMPACT:
$374,320 Increase to Adopted FY 2025-26 General Fund Capital Budget. $374,320 increase to the Adopted FY 2025-26 General Fund Capital Budget is requested for the Corrugated Metal Pipe Replacements Project (CI 5670). $500,000 is included in FY 2025-26 General Fund Capital Fund Budget for CI 5670.
Public Emergency Declaration – Lynn Rd Sinkhole and Storm Drain Repair July 8, 2025
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BACKGROUND:
In May 2025, the Municipal Service Center (MSC) Streets Division received a call from a resident reporting a depression/sinkhole forming in the City’s right-of-way adjacent to the roadway on Lynn Road just west of Ventu Park Road. In response, MSC staff conducted a visual inspection of the storm drain Corrugated Metal Pipes (CMP) located beneath the affected area, which found that debris and sediment were obstructing the bottom of the pipe and required removal. Task Order No. 2 was issued to J&H Engineering General Contractors, Inc. (J&H), one of the City’s On-Call Contractors, to clean the pipelines and perform a video inspection. J&H completed the clean out work in late May 2025, and their subsequent video inspection revealed significant internal corrosion, resulting in structural failure of the pipes. Due to the severity of the deterioration, MSC staff, in coordination with Public Works Engineering, determined in June 2025 that all three pipes have exceeded their service life and therefore need to be replaced.
On June 4, 2025, a new depression/sinkhole was discovered in the Lynn Road parkway, impacting the eastbound number one and two lanes. The CMP failure created a pathway for roadway bedding material to be displaced by water intrusion, compromising roadway stability. In response, the MSC Streets Division mobilized J&H with an amendment to the Task Order to implement a temporary solution by paving and covering the affected area with steel plates to stabilize the roadway while a permanent engineering repair plan could be developed. This settlement within the main portion of the roadway has escalated the situation and it now requires emergency/immediate action (Attachment #1).
DISCUSSION/ANALYSIS:
TOMC Section 3-10.308 provides the City Manager with the authority to declare a Public Emergency, subject to confirmation of City Council by a four-fifths vote at its next meeting. This allows normal public bidding procedures to be waived when emergency repairs or replacements are necessary to permit the continued conduct of City operation of services or to avoid danger to life or property. Due to the nature of the incident and to minimize the health and safety risks and environmental impact of the failure of the pipes, the City Manager approved the emergency response efforts and declared a public emergency, signed on June 24, 2025 (Attachment #2).
City staff directed J&H to review the proposed improvements outlined below and provide a cost estimate for the necessary replacement. J&H has the expertise to perform the work, has completed similar projects successfully for the City in the past, and is currently mobilized in the area, allowing for an immediate start. The scope of work for the emergency replacement includes the removal of three 48- Public Emergency Declaration – Lynn Rd Sinkhole and Storm Drain Repair July 8, 2025
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inch CMPs from the southerly inlet south of Lynn Road to approximately the back of the sidewalk on the north side of Lynn Road and replacing them with three new 48-inch reinforced concrete pipes (RCP), including transitions/fittings. Additional work includes reconstruction of the existing curb and gutter, sidewalk, and metal guardrail, as well as a maintenance access hole for future access and cleaning.
Following installation, the excavation will be slurry backfilled, and the roadway will be restored in accordance with the City’s Roadway Standards. In addition, one Oak Tree that is currently on top of the easternmost storm drainpipe will be removed since it is in conflict with the pipelines being replaced. The removal will be done under an Oak Tree Permit with the associated 3:1 Oak Tree replacement requirement.
J&H provided a total estimated cost of $781,200 for this repair is. Staff recommend City Council confirm the City Manager’s Public Emergency Declaration, waive the normal bid process, and authorize the City Manager to execute a construction contract with J&H for an amount not to exceed $781,200 plus a construction contingency of $78,120, as well as $15,000 for city furnished materials and supplies. This construction is anticipated to start by July 2025 and be fully completed by early Fall 2025.
Replacement or reconstruction of existing utility systems and/or facilities involving negligible, or no expansion of capacity is exempt from the CEQA analysis based on State CEQA Guidelines Section requirements under Section 21084 of the Public Resources Code, in accordance with Article 19, Section 15302, Class (2) "replacement or reconstruction.”
This project meets City Council’s Top Ten Priorities #9, “Public Works + Infrastructure Investments.”
CIP PROJECT PRIORITY (as outlined in FY 2025-26 and FY 2026-27 CIP Program Budget)
Priority Two - Necessary, but not essential, and there could be consequences, if deferred.
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LEVINE ACT (California Government Code § 84308):
This item is subject to the Levine Act. City Councilmembers who have received a campaign contribution of more than $500 (aggregated) within the preceding 12 months from a party or their agent/representative, or a financially-interested participant involved in this proceeding may do either of the following: (1) disclose the contribution on the record and recuse themselves from this proceeding; or if applicable (2) return the portion of the contribution that exceeds $500 within 30 Public Emergency Declaration – Lynn Rd Sinkhole and Storm Drain Repair July 8, 2025
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days from the time the official knew or should have known about the contribution, and participate in the proceeding.
All parties and their agents/representatives must disclose on the record of this proceeding any aggregated contribution of more than $500 made to any Councilmember within the preceding 12 months. Councilmembers are prohibited from accepting, soliciting, or directing a campaign contribution of more than $500 (aggregated) from a party, their agent/representative, or a financially-interested participant during a proceeding and for 12 months following the date a final decision is made. In addition, a party, their agent/representative, or a financially- interested participant is prohibited from contributing more than $500 (aggregated) to a Councilmember during a proceeding and for 12 months following the date a final decision is made. The updated Levine Act Form for J&H is included in this report (Attachment #3).
COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
F. Provide and enhance essential infrastructure to ensure that the goals and policies of the Thousand Oaks General Plan are carried out and the City retains its role and reputation as a leader in protecting the environment and preserving limited natural resources.
Attachments:
Attachment #1 – Aerial View
Attachment #2 – Public Emergency Declaration (June 24, 2025) Attachment #3 – Levine Act Form
DPW: 1030-20\ev\Council\2025\070825\Public Emergency Declaration Lynn Rd Sinkhole and Storm Drain Repair staff report.docx