TO:Andrew P. Powers, City Manager
FROM:Nader Heydari, Public Works Director
DATE:September 23, 2025
SUBJECT: Aquatic Resource Permits related to Arroyo Conejo Canyon Wastewater Pipelines
RECOMMENDATION:
1. Approve Amendment No. 3 to Task Order No. 2 with Rincon Consulting, Inc. (Ventura, CA) under On-Call Agreement Contract No. 13369-2023 to cover additional costs associated with revising the project’s jurisdictional delineation and habitat assessment report in connection with the aquatic resource permits necessary for the Arroyo Conejo Utility and Road Maintenance Improvement Project, in the amount of $7,507, for a revised not-to-exceed amount of $82,507, with a term ending June 30, 2026.
2. Approve expense in the amount of $7,507 from A/C #621-8220-682-5699 (Wastewater Fund, Contracted Services - Private).
3. Find that this action is not a project as defined under the California Environmental Quality Act (CEQA).
LEVINE ACT ITEM: Yes
FINANCIAL IMPACT:
No Additional Funding Requested. A total of $377,219 is included in the Adopted FY 2025-26 Wastewater Fund Operating Budget under Contracted Services.
BACKGROUND:
On July 1, 2023, the City awarded an agreement to Rincon Consultants, Inc. (Rincon), a qualified and experienced engineering firm, for on-call environmental consulting and monitoring services for a three-year term. On September 3, 2024, the City Manager executed Task Order No. 2 authorizing Rincon to conduct environmental consulting and monitoring services related to securing the necessary Aquatic Resource Permits from the California Department of Fish and Wildlife (CDFW), the Regional Water Quality Control Board (RWQCB), and the
Arroyo Conejo Canyon Wastewater Pipeline Aquatic Resource Permits September 23, 2025
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United States Army Corps of Engineers (USACE) for the Arroyo Conejo Utility and Road Maintenance Improvement Project, with a not to exceed amount of $53,986.
These creek permits are an essential component of the application process required to renew the maintenance agreements for the City along the City’s major wastewater trunk line creek crossings in the canyons near Hill Canyon Treatment Plant (HCTP). The maintenance agreements will cover numerous City-owned utility facilities along wastewater interceptors (Unit W and Unit Y), including maintaining access at wastewater pipeline cleanout points, manholes, and dirt access roads. The efforts expended to date include preparing a biological resources habitat assessment report, conducting jurisdictional delineation reports, as well as tree surveying, data management, GIS support for resource mapping, and CEQA documentation.
On April 10, 2025, Amendment No. 1 to Task Order No. 2 was executed by the City Manager for $14,874, bringing the total not-to-exceed amount to $68,860. The First Amendment expanded the scope of work to include the preparation of a revised and combined jurisdictional delineation and habitat assessment report, as well as additional information and analysis needed to support a CEQA Categorical Exemption. On July 16, 2025, Amendment No. 2 to Task Order No. 2 was executed by the City Manager in the amount of $6,140, bringing the total not-to- exceed amount to $75,000. The Second Amendment made further modifications to the project description and added four additional temporary fill crossings to the scope of work.
DISCUSSION/ANALYSIS:
The Consultant will respond to feedback from the permitting agencies which requires additional effort and staff time from the Consultant. The feedback received from CDFW includes necessary revisions to the project description, as well as avoidance and minimization measures, along with other minor clarification changes. Subsequently, the report’s figures, project description, and mitigation measures will also require updating, resulting in additional staff time from the Consultant. The Consultant will also need to expend more time on agency coordination during the review of draft permits, correspondence, and general project and administrative tasks.
The additional fees requested under Amendment No. 3 to Task Order No. 2 will enable the Consultant to complete the assigned work for this project, including revisions to the jurisdictional delineation and habitat assessment reports, and provide enough agency coordination time to see the project through final permit issuance.
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Staff recommend City Council approve Amendment No. 3 to Task Order No. 2 in the amount of $7,507 (Attachment #1), increasing the total not-to-exceed amount to $82,507. This amendment exceeds the City Manager’s delegated authority to approve Task Orders up to $75,000. The additional fees will be paid using funds in the existing Adopted FY 2025-26 Wastewater Operating Budget.
While the action of approving this amendment is not a project as defined under CEQA, this effort will further environmental permitting related to CEQA documentation.
This project meets City Council’s Top Ten Priorities #9, “Public Works Infrastructure Investments.”
Community Outreach: This project will be limited to work in the canyon adjacent to the HCTP, and is not expected to impact any neighboring residences.
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 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 completed Levine Act Form for Rincon is included in Attachment #2.
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COUNCIL GOAL COMPLIANCE:
Meets the following City Council goal:
C. Operate City government in a fiscally and managerially responsible and prudent manner to ensure that the City of Thousand Oaks remains one of California's most desirable places to live, work, visit, recreate, and raise a family.
PREPARED BY: Paul Weinstein, Associate Analyst
Attachments:
Attachment #1 – Task Order No. 2 Amendment No. 3 with Rincon Attachment #2 – Levine Act Form for Rincon
DPW: 850-20\ev\Council\2025\092325\Arroyo Conejo Canyon Wastewater Pipelines staff report.docx