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BACKGROUND On June 18, 2019, City Council approved the Professional Services Agreement with WRA, Inc., to provide environmental review and initial permitting strategy guidance for maintenance performed on certain waterbodies within City limits to preserve their flood control and stormwater treatment capacities. Routine maintenance work includes removal of debris, sediment, and vegetation. The Utilities Division originally obtained permit coverage for such maintenance work through a Lake or Streambed Alteration Agreement with the California Department of Fish and Wildlife (CDFW), on June 22, 2009. The permit was extended on February 23, 2015, but expired on December 31, 2019. Upon initial Agreement authorization, WRA, Inc.'s evaluation of the regulatory permits necessary to conduct the routine maintenance activities for the protection of flood control and water conveyance of the identified study areas, outlined three regulatory agencies anticipated to require permit coverage for full regulatory compliance. These include U.S. Army Corps of Engineers (USAGE), Regional Water Quality Control Board (RWQCB), and CDFW. Due to the potential for maintenance work to affect special- status plant and/or wildlife species under the federal Endangered Species Act (ESA) or California Endangered Species Act (CESA), a Section 7 consultation with the U.S. Fish and Wildlife (USFW) will also be required as part of the current permit process. On January 21, 2020, City Council approved an amendment to the Agreement with WRA, Inc. to include additional identified study sites and the preparation of the regulatory permit application packages, as well as permit processing support by WRA, Inc. Thereafter, on September 1, 2020, City Council approved a second amendment to the Agreement for the inclusion of necessary reanalysis and revisions to the Biological Resources Assessment resulting from regulatory feedback received from the regulatory permitting agencies after an interagency coordination meeting. In accordance with the California Environmental Quality Act (CEQA), a Notice of Determination for the Final Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the SMP was filed with the Alameda County Clerk Office on October 9, 2020. DISCUSSION The current work underway by WRA, Inc. includes permit processing support for two submitted permit application packages awaiting review from the CDFW and the USACE, as well as the coordination of a draft application review by the RWQCB. This request for a third amendment to the Agreement includes additional funding of$17,400 which includes a 20 percent contingency to develop a Habitat Mitigation and Monitoring Plan as requested by the RWQCB and to continue with ongoing permit processing support. Once the Habitat Mitigation and Monitoring Plan has been completed, WRA, Inc. will complete the Section 401 permit application addressing additional RWQCB comments and submit this package to the RWQCB. To accommodate for the undetermined timeframe involved in full regulatory agency permit application review and permit process, staff is proposing a six-month extension of the Agreement through December 31, 2021. Page 2 of 3