DISTRICT 1 - LESLIE RULE
DISTRICT 2 - RACHEL LANG
DISTRICT 3 - ANDREW WHITMAN
DISTRICT 4 - KIM MANG
BEN HARVEY
CITY MANAGER
BETHANY BURGESS
CITY ATTORNEY
WESTON MONTGOMERY
CHIEF DEPUTY CITY CLERK
AGENDA
CITY COUNCIL REGULAR MEETING
TUESDAY, AUGUST 11, 2026, 6:00 PM
KENT HALL COUNCIL CHAMBERS - CITY HALL CAMPUS - 111 W SANTA ANA ST, OJAI, CA
OJAI CITY COUNCIL
ANDY GILMAN, MAYOR
VIEWING & ACCESS
Public participation is encouraged! The Ojai City Council meets regularly on the second and fourth Tuesdays of the month at 6:00 p.m. The meetings are conducted in a hybrid model, providing both in-person attendance and virtual public comment via the Zoom link below.
Virtual attendance via Zoom is the only way to remotely provide public comment. Preregistration is not required for public comment via Zoom. Instead, Zoom participants will utilize the “hand-raise” function to indicate their desire to speak on an item. The meeting is also livestreamed on the City's website at ojai.ca.gov/525/2968/Public-Meetings, on YouTube at youtube.com/@ojaicity, and on Spectrum Channel 10. See “Public Comment Options” below for further instruction.
ZOOM LINK - August 11, 2026 - Regular Meeting
ROLL CALL
PLEDGE OF ALLEGIANCE
APPROVAL OF AGENDA
COMMISSION REPORTS
CITY MANAGER’S REPORT
PUBLIC COMMUNICATIONS
Public Communications is the time set aside during the meeting for members of the public to Tuesday, August 11, 2026 Ojai City Council Agenda
1 1. City Council Minutes
2. City of Ojai Warrants for June 22 - July 26, 2026
3. Treasurer's Monthly Report of Cash and Investments for the City of Ojai as of June 30, 2026
4. Adoption of Ordinance No. 973 Suspending Certain Requirements Of Article 2 Of Chapter 3 Of Title 7 Of The Ojai Municipal Code (“Well Construction, Modification, And Demolition Standards”) (City Council Direction)
5. Ratification of the Memorandum of Agreement (MOA) Between the County of Ventura, Ventura County Watershed Protection District, California Department of Transportation, Ojai Valley Sanitary District, and the Cities of Ojai and San Buenaventura (MOA Parties) to Share the Costs of Funding a Ventura River Algae TMDL Monitoring Program; and Approval of Associated Expenditures (Operational Need)
6. Approval of Amendment No. 1 to the Interagency Agreement with the Ventura address the City Council on items of City business other than scheduled agenda items.
Matters raised at this time may be briefly discussed by the Council, and will generally be referred to staff and/or placed on a subsequent agenda. Under State law, other than for emergency items, no action can be taken.
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be considered routine and will be enacted by one motion in the form listed. There will be no discussion of these items unless, before the vote on the motion to adopt, specific items are removed from the Consent Calendar for separate motions.
RECOMMENDATION: Approve.
07 14 26 Special Meeting
07 14 26 Regular Meeting
RECOMMENDATION: Receive and file.
Administrative Report - Warrant Report
Attachment A - Warrant Report Register
Attachment B - Disbursement by Category
Warrant Report Cover
RECOMMENDATION: Receive and file.
Administrative Report -Treasurers Report June 2026
Attachment A -Treasurer's Monthly Report June 2026
Exhibit A - Cash & Investment Summary June 2026
RECOMMENDATION: Continue second reading of Ordinance No. 973 to the August 25, 2026, City Council meeting.
Administrative Report - Well Ordinance Continued
Attachment A - Ordinance 973
RECOMMENDATION:
1. Ratify MOA for the Ventura River Algae TMDL Monitoring Program, retroactively effective January 1, 2025, through January 1, 2028, and;
2. Approve the City's three-year cost-sharing obligation of $129,794.83.
Agenda Report - Ventura River Algae TMDL MOA
Attachment A - Agreement No. 2026-98, MOA
Tuesday, August 11, 2026 Ojai City Council Agenda
2 County Transportation Commission (VCTC) for Senat Bill 125 (SB125) Transit and Intercity Rail Capital Program (TIRCP) Funding
7. Resolution Approving and Adopting the Revised Drug and Alcohol Testing Policy for Safety Sensitive Employees
8. County of Ventura Civil Grand Jury Report Regarding Ojai Permanent Supportive Housing Project (Legal Requirement)
9. Approval of Amendment to Development Management Agreement (Operational Need)
10. Authorization to Release a Request for Proposals (RFP) for an Integrated Property Management and Supportive Services Provider for the City’s Permanent Supportive Housing Development (Operational Need) RECOMMENDATION: Authorize the City Manager to execute Amendment No. 1 and related documents necessary to implement the amended agreement.
Administrative Report - Amendment 1 SB125
Attachment A - Agreement No. 2026-99, Amendment No. 1
Attachment B - VCTC and Ojai Agreement
RECOMMENDATION: Adopt a resolution approving and adopting the City’s revised drug and alcohol testing policy, and repeal any and all previous adopted policies related to drug and alcohol testing for safety sensitive employees.
Administrative Report - Drug Use Policy
Attachment A - Resolution 2026-30
Policy
DISCUSSION
RECOMMENDATION:
1. Discuss the proposed response to the County of Ventura Civil Grand Jury Report.
2. Approve the proposed response or provide direction for revisions to the proposed response.
Administrative Report for Civil Grand Jury Report-8-11-2026.docx Attachment A - Report
Attachment B - Response
RECOMMENDATION: Approve a proposed Amendment to the Development Management Agreement, substantially in the form of Attachment A, with DignityMoves to allow acceptance of donations for specified purposes for the Ojai Permanent Supportive Housing Project.
Administrative Report - OPSHP DMA Amendment No. 2
Attachment A - Agreement No. 2026-97, Amendment No. 2
RECOMMENDATION:
1. Approve the Request for Proposals (RFP) for an Integrated Property Management and Supportive Services Provider for the City’s 30-unit Permanent Supportive Housing (PSH) development; and
2. Authorize the City Manager to release the RFP, conduct the competitive solicitation process, evaluate proposals, and return to the City Council with a recommended contract award for consideration.
Administrative Report - Management of OPSHP
Attachment A - Request for Proposals
Tuesday, August 11, 2026 Ojai City Council Agenda
3 11. Authorization to Release a Request for Proposals for Owner’s Representative/Construction Management Services for the Permanent Supportive Housing Project (PSHP) (Operational Need)
12. City of Ojai Policy for Commemorative Naming and Donations (City Council Direction)
13. Furnished by Owner and Installed by Owner (FOIO) Items | Ojai Permanent Supportive Housing Project (OPSHP) 611 South Montgomery Street (Operational Need)
14. Approval of FY 2026 27 Professional Services Agreement with the Ojai Valley Chamber of Commerce (City Council Direction)
15. Amendment No. 3 to Secural Security Corporation Agreement – Contract Extension and Not-to-Exceed Increase (Operational Need) RECOMMENDATION:
1. Approve the Request for Proposals (RFP) for Owner’s
Representative/Construction Management Services for the Permanent Support Housing Project (PSHP); and
2. Authorize the City Manager to release the RFP, conduct the competitive solicitation process, evaluate proposals, and return to the City Council with a recommended contract award for consideration.
Administrative Report - Owner's Rep. & Contruction Mgmt. OPSHP Attachment A - Request for Proposals
RECOMMENDATION: Approve proposed Policy for Commemorative Naming and Donations.
Administrative Report - City Naming and Donations Policy Attachment A - Policy
RECOMMENDATION:
1. Review the Permanent Supportive Housing Project Furnished by Owner and Installed by Owner (FOIO) items list.
2. Authorize staff to proceed with solicitation of donations for items included on the FOIO List.
Administrative Report - OPSHP Donations
Attachment A - FOIO LIst
RECOMMENDATION: Approve the FY 2026 27 Professional Services Agreement (PSA) between the City of Ojai and the Ojai Valley Chamber of Commerce for business development, economic consultancy, and community focused event management services.
Administrative Report - Chamber of Commerce Agreement
Attachment A - Agreement No. 2026-95
RECOMMENDATION: Approve Amendment No. 3 to the Agreement for Contract Services with Secural Security Corporation, revising the contract’s not-to-exceed (NTE) amount to $767,000 and extending the termination date to June 30, 2027.
Administrative Report - Secural Security Corp - Amendment No. 3 Attachment A - Agreement No. 2026-96, Amendment No 3
Attachment B - Amendment No. 2
Attachment C - Amendment No. 1
Attachment D - Original Agreement
COUNCIL MEMBER'S REPORTS
Tuesday, August 11, 2026 Ojai City Council Agenda
4 FUTURE AGENDA ITEMS
ADJOURNMENT
Posted August 7, 2026, at 3:00 p.m. Weston Montgomery, Chief Deputy City Clerk
WRITTEN PUBLIC COMMENTS
Written public comments will be published here for public access. Please see PUBLIC COMMENT OPTIONS below for instructions on how to submit.
Comments and Meeting Records
Written Public Comments - August 11 Regular Meeting
ACCOMMODATIONS
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please call (805) 646-5581. Notification 48 hours prior to the meeting will enable the City to make reasonable arrangements to ensure accessibility to this meeting.
If you feel that a language interpreter is necessary for you to participate in this meeting, notification 48 hours prior to the meeting will enable the City to make reasonable arrangements for an interpreter to assure your participation/understanding of this meeting.
Si considera que un intérprete de idiomas es necesario para participar en esta reunión, la notificación 48 horas antes de la reunión le permitirá a la Ciudad hacer arreglos razonables para que un intérprete asegure su participación/comprensión de esta reunión del Concejo Municipal.
Para Español por favor llame al (805) 646-5581 ext. 100 o por correo electronico a [email protected].
PUBLIC PARTICIPATION
Agenda reports and other disclosable public records related to agenda items are available on the City's website at ojai.ca.gov/525/2968/Public-Meetings and at City Hall located at 401 S.
Ventura St., Ojai, Ca., during regular business hours, Monday through Friday, 8:00 a.m. to 5:00 p.m.
PUBLIC COMMENT OPTIONS
Written Comments: In order for staff to provide the City Council with written public comments timely, written/emailed public comments must be submitted no later than 3:00 p.m. on the day before the meeting.
You may always submit written comments to the City Clerk via mail, in person at City Hall, or via email to [email protected]. If your written comment is received by 3:00 p.m. on the day Tuesday, August 11, 2026 Ojai City Council Agenda
5 before the meeting date, the City Clerk will distribute copies of your comments to all Council Members and recorded on the City website. Written comments received after 3:00 p.m. may not be distributed to the Council Members and recorded on the City website until after the meeting.
Verbal Comments: Verbal Comments will be received on any item on the agenda at the time the agenda item is heard. Comments may be made in person at the meeting or through Zoom, via the link at the top of the Agenda. Pre-registration is not required for public comment via Zoom. Instead, Zoom participants will utilize the hand-raise function to indicate their desire to speak on an item.
IMPORTANT NOTES:
All materials related to an item on this agenda, including written public comments, will be available for public inspection in the City Clerk's Office at City Hall, and following the meeting, will be accessible on the City of Ojai's website at ojai.ca.gov.
As a government agency, the City of Ojai is subject to the California Public Records Act (Government Code § 6250 et seq.). Please be advised that all communications submitted to City officials and staff are subject to public disclosure under the California Public Records Act.
There are limited exceptions that allow the City to redact personal information under the California Public Records Act. If you have concerns regarding privacy, please do not include your personal identifying information, such as your name, e-mail, phone number, and home address in your correspondence to the City, including, but not limited to, public comment.
If you challenge the actions of the City Council in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in the public notices, or in written correspondence delivered to the City Council at, or prior to, the public hearing (California Government Code Section 65009).
Any legal action by an applicant seeking to obtain a judicial review of the City Council's decision on a Hearing listed on this Agenda may be subject to the 90-day filing period of and governed by Code of Civil Procedure Section 1094.6.
LEVINE ACT WARNING
Applicants and their agents before the City Council are subject to the campaign disclosure provisions detailed in Government Code Section 84308. No City Council Member may accept, solicit, or direct a contribution of more than $500 from any party or agent for 12 months subsequent to the date a final decision is rendered by the City. This prohibition commences when your application has been filed, or the proceeding is otherwise initiated.
A party to a City proceeding - which includes both applicants and agents - shall disclose on the record of the proceeding any contribution of more than $500 made to any Council Member by the applicant or agent, during the preceding 12 months. No party to a City proceeding, or agent, shall make a contribution to a Council Member during the proceeding and for 12 months following the date a final decision is rendered by the City.
Prior to rendering a decision on a City proceeding, any Council Member who received a contribution of more than $500 within the preceding 12 months from any party, or agent, to a proceeding shall disclose that fact on the record of the proceeding and shall be disqualified from participating in the proceeding. However, if any Council Member receives a contribution Tuesday, August 11, 2026 Ojai City Council Agenda
6 that otherwise would require disqualification and returns the contribution within 30 days of knowing about the contribution and the relevant proceeding, the Council Member shall be permitted to participate in the proceeding.
If you believe that these provisions apply to you or a Council Member, please inform the City Clerk at the earliest possible opportunity. Failure to do so may affect the City's ability to process your application.
Tuesday, August 11, 2026 Ojai City Council Agenda
7 MINUTES
CITY COUNCIL SPECIAL MEETING
TUESDAY, JULY 14, 2026, 5:00 PM
KENT HALL COUNCIL CHAMBERS - CITY HALL CAMPUS - 111 W SANTA ANA ST, OJAI, CA Mayor Gilman called the meeting to order at 5:00 p.m.
ROLL CALL
The following members were present: Mayor Gilman, Mayor Pro Tem Mang, and Council Members Rule, Lang, and Whitman.
Also present: City Manager Harvey, City Attorney Burgess, Assistant to the City Manager Cervantes, and Chief Deputy City Clerk Montgomery.
PLEDGE OF ALLEGIANCE
Chief Deputy City Clerk Montgomery led the Pledge of Allegiance.
APPROVAL OF AGENDA
MOTION: It was moved by Council Member Lang, second by Mayor Gilman, to approve the agenda.
The motion carried unanimously.
CLOSED SESSION
Council Member Whitman recused from attending the Closed Session.
1. CONFERENCE WITH LEGAL COUNSEL - EXISTING
LITIGATION (Government Code § 54956.9(d)(1))
Name of case: Channelkeepers v. State Water Resources Control Board, et al, Los Angeles County Superior Court Case No. 19STCP01176 8 CITY ATTORNEY'S REPORT OUT OF CLOSED SESSION
No Reportable Action
ADJOURNMENT
Mayor Gilman adjourned the meeting at 6:00 p.m.
____________________________________
Weston Montgomery, Chief Deputy City Clerk
Approved:
9 MINUTES
CITY COUNCIL REGULAR MEETING
TUESDAY, JULY 14, 2026, 6:00 PM
KENT HALL COUNCIL CHAMBERS - CITY HALL CAMPUS - 111 W SANTA ANA ST,
OJAI, CA
Mayor Gilman called the meeting to order at 6:00 p.m.
ROLL CALL
The following members were present: Mayor Gilman, Mayor Pro Tem Mang, and Council Members Rule, Lang, and Whitman.
Also present: City Manager Harvey, City Attorney Burgess, Assistant to the City Manager Cervantes, and Chief Deputy City Clerk Montgomery.
PLEDGE OF ALLEGIANCE
Chief Deputy City Clerk Montgomery led the Pledge of Allegiance.
APPROVAL OF AGENDA
MOTION: It was moved by Council Member Lang, second by Mayor Gilman, to approve the agenda.
The motion carried unanimously.
PRESENTATIONS
1. Members of the Ventura County Fair's Junior Fair Board to Present the 2026 Ventura County Fair Announcement and Poster
2. Proclamation Honoring July as Parks and Recreation Month and the Parks and Recreation Commission
COMMISSION REPORTS
CITY MANAGER’S REPORT
City Manager Harvey provided an oral report.
10 PUBLIC COMMUNICATIONS
CONSENT CALENDAR
All matters listed on the Consent Calendar are to be considered routine and will be enacted by one motion in the form listed. There will be no discussion of these items unless, before the vote on the motion to adopt, specific items are removed from the Consent Calendar for separate motions.
3. City Council Minutes
RECOMMENDATION: Approve.
4. Planning Commission Minutes
RECOMMENDATION: Receive and file.
5. City of Ojai Warrants for June 08 - June 21, 2026
RECOMMENDATION: Receive and file.
6. Revision of Ojai Trolley Advertising Program Rates, Contract Terms, and Inclusion in the Master Fee Schedule
RECOMMENDATION:
1. Review and approve revisions to the Ojai Trolley advertising program, including updated advertising rates and contract structure.
2. Approve limiting advertisers to one ad space per trolley.
3. Approve establishing a one year contract term for all ad placements, with an exception for rear placements limited to three consecutive terms per advertiser.
4. Approve a unified rate for driver side and pedestrian side panels and a higher rate for the rear (back) panel due to increased visibility.
5. Direct staff to add all trolley advertising rates to the City’s Master Fee Schedule.
7. On-Call Trade and Professional Services – Award of Agreements RECOMMENDATION:
1. Authorize the City Manager to execute amendments for one (1) additional two-year term to the current On-Call Professional Services Agreements that have expired on June 30, 2026 extending them to June 30, 2028 and increase the not-to-exceed amount of each On-Call Professional Services Agreement as provided in this report; and,
2. Authorize the City Manager to execute an On-Call Trade Agreement with Ventura Pest Control and authorize future amendments for an additional one (1) one-year term with compensation not-to-exceed $75,000; and
3. Receive and file the task orders issued during Fiscal Year 25/26.
8. Introduce Ordinance No. 973 Suspending Certain Requirements of Article 2 of Chapter 3 of Title 7 of the Ojai Municipal Code ("Well Construction, Modification, and Demolition Standards"), Subject to Biennial Review by City Council, and Creating a New Section 224 of Article 2 of Chapter 3 of Title 7 of the Ojai Municipal Code
11 RECOMMENDATION:
1. Introduce, for first reading by title only with further reading waived, Ordinance No. 973, an Ordinance of the City Council of the City of Ojai, Suspending Certain Requirements of Article 2 of Chapter 3 of Title 7 of the Ojai Municipal Code ("Well Construction, Modification, and Demolition Standards"), Subject to Biennial Review by City Council, and Creating a New Section 224 of Article 2 of Chapter 3 of Title 7 of the Ojai Municipal Code; and
2. Direct staff to return to the City Council for second reading and adoption of the Ordinance at the August 11, 2026, City Council meeting.
MOTION: It was moved by Council Member Lang, second by Council Member Rule, to approve
The motion carried unanimously.
DISCUSSION
9. Approval of Resolution Adopting the 2026 City of Ojai City Hall Campus Landscape Master Plan (City Council Direction)
RECOMMENDATION: Approve the Resolution adopting the 2026 City of Ojai City Hall Campus Landscape Master Plan as presented, thereby establishing a comprehensive vision for the revitalization, stewardship, and long-term management of the City Hall campus.
MOTION: It was moved by Mayor Gilman, second by Council Member Rule, to approve The motion carried unanimously.
10. County of Ventura Civil Grand Jury Report Regarding Ojai Permanent Supportive Housing Project (Legal Requirement)
RECOMMENDATION:
1. Discuss report issued by County of Ventura Civil Grand Jury regarding the Ojai Permanent Supportive Housing Project on June 25, 2026.
2. Direct the City Attorney to prepare a draft response to the report for further consideration by the City Council at a regular or special meeting of City Council in August, 2026.
MOTION: It was moved by Council Member Lang, second by Mayor Gilman, to direct the City Attorney to prepare a draft response to the report for further consideration by the City Council, at a regular or special meeting of City Council in August 2026.
The motion carried 4-1. (Mayor Pro Tem Mang dissenting.) 12 11. Municipal Code Revisions (Legal Requirement)
RECOMMENDATION: Provide direction to the City Attorney’s Office to work with staff to prepare recommended Code revisions to various ordinances as further described in this report.
MOTION: It was moved by Mayor Gilman, second by Council Member Whitman, to task City Attorney’s Office with administrative report-presented list of code revisions, and returning with a status report which includes legal and staff time estimates.
The motion carried unanimously.
12. Concept Review of Contracted Services (City Council Direction) RECOMMENDATION:
1. Review the attached list of contracted services and identify those contracts for which the City Council would like additional analysis; and
2. Direct staff to return at a future meeting with a detailed evaluation of the selected contracts, including operational, staffing, financial, legal, and service level considerations associated with potentially bringing those services inhouse.
MOTION: It was moved by Mayor Gilman, second by Council Member Lang, to direct staff to: (1)refine and categorize and/or combine the contracted services and list; (2) include analysis of bringing services in-house for contract renewals; (3) consider expanding city job functions where appropriate; (4) use code enforcement as the near-term priority case study; and (4) direct the City Attorney to return with status reports including time estimates.
The motion carried unanimously.
13. Affordable Housing Agreement Located at 312 West Aliso Street And ThirdParty Income Qualify Household for Deed-Restricted Affordable Housing Units (City Council Direction)
RECOMMENDATION:
1. Receive the staff report and presentation and ask clarifying questions related to the Affordable Housing Agreement associated with Cottages Among the Flowers.
2. Direct the City Manager and City Attorney to finalize and execute the Declaration of Land Use Restrictive Covenants (Affordable Housing Agreement) with Ojai Bungalows LP, associated with the two deed-restricted units within the Cottages Among the Flowers site and cause it to be recorded in the Official Records of Ventura County (Attachment A).
3. Direct the City Manager to negotiate and execute a formal Professional Services Agreement with Area Housing Authority of the County of Ventura.
The proposal from Area Housing Authority includes performing third party services to income qualify households for deed-restricted affordable housing 13 units. The Area Housing Authority proposal for third-party services is Attachment B.
4. Direct the Community Development Director to establish a reporting schedule and compliance format associated with those households which are income qualified to reside within the deed-restricted units.
MOTION: It was moved by Mayor Gilman, seconded by Council Member Rule, to accept rental agreement as written – authorizing Item 13 Recommendations No. 2 , 3 (selecting scenario 2), and 4, and direct staff to work with Help of Ojai concerning additional services available.
The motion carried unanimously.
14. Ad Hoc Committee Formation for Community Land Trust (City Council Direction)
RECOMMENDATION: Select two (2) City Council Members to form an ad hoc committee for a six-month term.
MOTION: It was moved by Council Member Lang, seconded by Council Member Rule, to select Council Member Whitman and Mayor Gilman to serve on the Ad Hoc Committee for Community Land Trust six-month term.
The motion carried unanimously.
15. Concept Review - Building Code Options Return (City Council Direction) RECOMMENDATION: Receive the information and presentation by Staff, ask clarifying questions and consider providing additional direction on alternative building code options for local amendments to the building code.
MOTION: It was moved by Council Member Lang, seconded by Mayor Gilman, to direct staff to return with concept review of local building code amendments addressing fire hardening and a list of options for consideration.
The motion carried unanimously.
COUNCIL MEMBER'S REPORTS
FUTURE AGENDA ITEMS
Council Member Whitman and Mayor Gilman requested a concept review of ember screen requirements during real estate transactions.
14 ADJOURNMENT
Mayor Gilman adjourned the meeting at 10:00 p.m.
____________________________________
Weston Montgomery, Chief Deputy City Clerk
Approved:
15
Administrative Report
TO: Honorable City Council
FROM: Ben Harvey, City Manager
Leah Palmer, Acting Finance Director
MEETING DATE: August 11, 2026
SUBJECT: City of Ojai Warrants for June 22, 2026 – July 26, 2026
RECOMMENDATION
Receive and file.
DISCUSSION
Disbursement Warrant Check Numbers: 80861-81050
Payroll Warrant Check Numbers: 38402-38425
Number of Direct Deposits: 220
City of Ojai Disbursement Warrants for General Fund
and Special Revenue Funds $ 4,037,004.47
Payroll – June 25, July 09, & July 23, 2026 421,605.64
Total $ 4,458,610.11
CITY COUNCIL GOALS ALIGNMENT
Goal No. 8 - Financial Stability
OPTIONS
1. Take no action.
2. Provide alternative direction to staff.
FISCAL IMPACT
There is no fiscal impact associated with this action. The list of warrants is presented for informational purposes only and reflects payments previously authorized and budgeted.
Prepared by: Scott Avila
ATTACHMENT(S)
A. Check Register
B. Disbursement by Category
16 Check Register
Check No Vendor Name Check Date Check Amount
80861 Agromin 06/25/2026 1,383.54
Organic Compost for City Parks
80862 Alta Planning & Design 06/25/2026 972.80
May 2026 Bicycle & Pedestrian Safety Project
80863 AT&T 06/25/2026 258.35
May 2026 Telephone
80864 BKS Law Firm, PC 06/25/2026 20,292.97
May 2026 Common Interest & Ventura Watershed Litigation 80865 CA Dept of Justice 06/25/2026 128.00
May 2026 Fingerprinting Fees
80866 Canon Financial Services, Inc. 06/25/2026 828.14
June 2026 Copy Machine Lease
80867 Capital Industrial Medical Supply Co 06/25/2026 231.82 First Aid Supplies for City Hall
80868 Casitas Municipal Water District 06/25/2026 7,341.60 April 2026 Water
80869 Complete Paperless Solutions LLC 06/25/2026 26,000.00 February 2026 Records Management Upgrade & New Software Conversion 80870 County of Ventura 06/25/2026 515.00
June 2026 Monthly Rent for Soule Park Pickleball Courts 80871 Delta Liquid Energy 06/25/2026 1,796.79
June 2026 Trolley Fuel
80872 Fillmore Area Transit Corporation 06/25/2026 4,732.00 May 2026 Trolley Driver Services
80873 Mark Cranes Tree Inc 06/25/2026 16,400.00
June 2026 Tree Pruning Services
80874 Norma Cervantes 06/25/2026 662.40
Employee Reimbursement
80875 Ojai Auto Supply 06/25/2026 2,719.62
June 2026 Supplies for Trolley Maintenance
Check Summary By Check Number
17 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
80876 Ojai Valley Fire Safe Council, Inc. 06/25/2026 28,951.88 Fire Safe Grant
80877 Ojai Valley News 06/25/2026 957.39
June 2026 Display Ads
80878 Olivarez Madruga Law Organization, LLP 06/25/2026 20,266.83 May 2026 TOT Attorney Fee
80879 Rincon Consultants Inc 06/25/2026 32,277.45
Jan-May 2026 Professional Fees Ojai Permanent Supportive Housing Project 80880 Secural Security Corporation 06/25/2026 6,228.32
June 2026 City Unhoused Security
80881 StoreRite 06/25/2026 182.75
July 2026 Monthly Storage Rental - Records Retention
80882 Timothy Kresge Debra Kresge 06/25/2026 4,633.52
June 2026 PW Crew Room Flooring Project
80883 Tripepi Smith and Associates, Inc. 06/25/2026 10,800.00 June 2026 Monthly Communication Retainer
80884 County of Ventura 06/25/2026 961.11
PW Truck Repair
80885 Ventura County Sheriff's Dept 06/25/2026 327,906.67 May 2026 Patrol & Traffic Services
80886 Ventura Overhead Door 06/25/2026 19,190.00
PW Maintenance Bay Door Replacement
80887 Ventura Urgent Care Center 06/25/2026 303.00
April & May 2026 Pre-Employment Physicals
80888 Verizon Wireless 06/25/2026 72.70
May 2026 City Cell Phones - Public Safety
80889 AllConnected, Inc. 07/01/2026 680.00
Annual IT Windows Server Core License
80890 Bennie K. Enterprises Inc 07/01/2026 4,110.00
June 2026 Portable Restroom for Libbey Bowl Event
18 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
80891 California State Disbursement Unit 07/01/2026 82.15 June 2026 Payroll Expense
80892 Colonial Life & Accident Ins 07/01/2026 692.58
June 2026 Payroll Expense
80893 County of Ventura 07/01/2026 515.00
December 2025 Monthly Rent for Soule Park Pickleball Court 80894 David Hauptman CO.; INC 07/01/2026 472.23
Field Marking Paint for Sarzotti Park
80895 Dispensing Technology 07/01/2026 2,702.49
June 2026 Supplies for Street Maintenance
80896 Emmanuel A Mendez 07/01/2026 2,250.00
June 2026 City Transit Wash
80897 Firestick Pottery 07/01/2026 406.00
Recreation Class- Pottery
80898 Franchise Tax Board 07/01/2026 100.00
June 2026 Payroll Expense
80899 Glenda C Mahon 07/01/2026 420.00
CPR & First Aid Training
80900 Greater Goods Ojai 07/01/2026 2,500.00
January 2026 Arts Grant Reissue
80901 Greg Rents 07/01/2026 428.67
June 2026 PW Equipment Rental
80902 E.J. Harrison & Sons 07/01/2026 64.01
May 2026 Rolloff Dumpster Rental
80903 Bernie Heckenlively 07/01/2026 50.00
Refund for Canceled Recreation Class
80904 Kelly Cleaning & Supplies, Inc. 07/01/2026 5,073.75 April & June 2026 Janitorial Services for City Parks
80905 Lincoln National Life Insurance Co 07/01/2026 2,681.22 June 2026 Payroll Expense
19 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
80906 Marco Alarcon 07/01/2026 300.00
4th of July DJ Services
80907 Meiners Oaks Hardware 07/01/2026 369.81
Supplies for Citywide Maintenance
80908 Metropolitan Life Insurance Company 07/01/2026 4,448.90 June 2026 Payroll Expense
80909 Juan Morales 07/01/2026 366.75
Employee Reimbursement
80910 Ojai Auto Supply 07/01/2026 1.72
June 2026 Supplies for General Maintenance
80911 Ojai Independence Day Committee 07/01/2026 30.00
Recreation Dept 4th of July Parade Participation Fee
80912 Ojai True Value Hardware 07/01/2026 16.05
Supplies for Citywide Maintenance
80913 Owl Towing & Storage, Inc. 07/01/2026 550.00
June 2026 Trolley Towing Service
80914 Poway Gymnastics 07/01/2026 12,516.21
Gymnastics Equipment for Recreation Dept
80915 Prudential Overall Supply 07/01/2026 392.09
Public Works Cleaning Supplies & Clothing Allowance
80916 Sinclair Sanitary Supply, Inc. 07/01/2026 260.58
Cleaning Supplies for Citywide Maintenance
80917 Timothy Kresge Debra Kresge 07/01/2026 250.00
Recreation Department Stage Hardwood Repair
80918 Tyco Integrated Security, LLC 07/01/2026 897.27
July - September 2026 City Hall Alarm Services
80919 VC Fusion Soccer 07/01/2026 1,305.94
Recreation Class- Soccer
80920 Ventura Signs & Screen Printing 07/01/2026 150.85 June 2026 Banner for Nordhoff Pool Opening
20 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
80921 Katya Welborn 07/01/2026 5,265.00
Recreation Class- Tennis & Summer Tennis Camp
80922 Westridge Market Inc 07/01/2026 16.98
June 2026 Supplies for Public Works
80923 AllConnected, Inc. 07/09/2026 6,329.70
June 2026 Monthly IT Support
80924 AT&T 07/09/2026 32.14
June 2026 Telephone
80925 Ben Harvey 07/09/2026 405.34
Employee Reimbursement
80926 County of Ventura Public Works Agency 07/09/2026 303.50 April 2026 Hazardous Waste Program Event
80927 Custom Printing 07/09/2026 3,252.90
Summer 2026 Newsletter
80928 Delta Liquid Energy 07/09/2026 1,194.61
June & July 2026 Trolley Fuel
80929 EideBailly LLP 07/09/2026 3,586.75
June 2026 Accounting Services
80930 Emmanuel A Mendez 07/09/2026 750.00
July 2026 City Transit Wash
80931 Envision Ford Linc of Oxnard 07/09/2026 44.01
June 2026 Supplies for Trolley Maintenance
80932 Fence Factory Rentals 07/09/2026 753.08
July 2026 Temporary Fence Rental for City Unhoused
80933 Fillmore Area Transit Corporation 07/09/2026 6,370.00 June 2026 Trolley Driver Services
80934 Full Circle Training Solutions 07/09/2026 259.00
Public Records Act & Subpoenas Training
80935 Help of Ojai Inc. 07/09/2026 4,500.00
June 2026 ADA Transportation Support
21 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
80936 Jeremy Henry 07/09/2026 616.50
Reimbursement for Record of Survey
80937 Hinderliter, de Llamas & Associates 07/09/2026 1,558.18 April - June 2026 Contract & Audit Service Sales Tax
80938 JMG Security Systems, Inc. 07/09/2026 12,647.67
Security Equipment and Alarm Installation
80939 Jumping Joe's 07/09/2026 675.00
Water Slides for July 4th Park Event
80940 LAFCO 07/09/2026 4,656.00
FY26-27 State Apportionment of Net Cost
80941 Meiners Oaks Hardware 07/09/2026 1,783.86
Supplies for Citywide Maintenance
80942 MV Cheng & Associates Inc. 07/09/2026 4,025.00
June 2026 Finance Consulting Services
80943 National Graphics, LLC 07/09/2026 473.67
Envelopes for City Hall
80944 Nusa Patricia Maal 07/09/2026 2,500.00
Arts Commission Strategic Planning Facilitator
80945 Ojai Auto Supply 07/09/2026 301.61
June 2026 Supplies for Trolley Maintenance
80946 Ojai Valley News 07/09/2026 674.50
May & June 2026 Legal Ads
80947 Ojai Valley Sanitary District 07/09/2026 2,138.82 July 2026 Sewer Services
80948 Phoenix Group Info Systems 07/09/2026 159.12
May 2026 Parking Citations
80949 Prudential Overall Supply 07/09/2026 129.25
Public Works Cleaning Supplies & Clothing Allowance
80950 Puretec Industrial Water 07/09/2026 146.43
June 2026 Water Tank Rental
22 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
80951 Ready Refresh by Nestle 07/09/2026 231.60
April - July 2026 Drinking Water for City Departments
80952 Jan C. Scow 07/09/2026 140.00
June 2026 Tree Site Evaluation
80953 Sinclair Sanitary Supply, Inc. 07/09/2026 2,574.45 Supplies for Citywide Maintenance
80954 So Cal Gas 07/09/2026 119.56
June 2026 Gas
80955 Southern California Association of Governments 07/09/2026 1,148.00 July 2026 Membership Dues
80956 United Site Services Inc 07/09/2026 1,356.71
June 2026 Porta Potty Rentals for OTT
80957 Ventura Pest Management 07/09/2026 149.00
June 2026 Pest Control
80958 Ventura Signs & Screen Printing 07/09/2026 1,239.67 June & July 2026 City Logo Apparel for Rec and Finance
80959 Verizon Wireless 07/09/2026 1,337.51
May 2026 City Cell Phones - City Staff
80960 Katya Welborn 07/09/2026 1,072.50
Recreation Class- Tennis
80961 Kathleen Abasi 07/16/2026 130.00
Recreation Class- Weight Room
80962 Aleshire & Wynder LLP 07/16/2026 99,122.74
May 2026 Services
General Services 26,938.00
Finance 6,730.00
Special Projects 5,279.50
Labor & Employment 2,372.50
Planning 16,874.00
Public Works 2,454.50
Parks & Recreation 462.00
Encampment Resolution Grant Management 539.00
Housing 1,644.00
Becker Development 770.00
Real Property 4,620.00
Public Records 6,196.00
Litigation 24,243.24
23 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
80963 AllGood Driving School, Inc. 07/16/2026 28.00
Recreation Class- Driver Education
80964 County of Ventura Behavioral Health Department 07/16/2026 50,586.01 April - June 2026 Intensive Services Coordinator
80965 BKS Law Firm, PC 07/16/2026 1,245.00
June 2026 Ventura Watershed Litigation
80966 Casitas Municipal Water District 07/16/2026 657.92 May 2026 Water
80967 Catalina Industries Inc 07/16/2026 717.06
June 2026 Paint Supplies for General Maintenance
80968 Christian Cubacub 07/16/2026 278.41
Employee Reimbursement
80969 Max Dickenson 07/16/2026 1,105.00
Recreation Class- Weight Room
80970 Eleanor Fishburn 07/16/2026 4,118.25
June 2026 Cultural Resource Monitoring
80971 Darrell Gooden 07/16/2026 676.00
Recreation Class- Kung Fu
80972 Historic Resources Group LLC 07/16/2026 4,402.38
May 2026 Historic Resources Inventory Update
80973 Johannes M Pouw 07/16/2026 1,236.79
Recreation Class- Flag Football
80974 Kelly Cleaning & Supplies, Inc. 07/16/2026 725.00 June 2026 Janitorial Services
80975 Mark Cranes Tree Inc 07/16/2026 9,400.00
June 2026 Tree Trimming & Removal
80976 Ojai Auto Supply 07/16/2026 623.18
June 2026 Supplies for Trolley Maintenance
80977 Ojai Lumber Company Inc 07/16/2026 988.64
Supplies for Citywide Maintenance
24 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
80978 Ojai Music Festival 07/16/2026 4,280.25
Recreation Class- Bravo Music and Arts
80979 Ojai Valley Chamber of Commerce 07/16/2026 13,651.42 May & June 2026 Professional Services Agreement
80980 Secural Security Corporation 07/16/2026 9,565.04
June 2026 City Unhoused Security
80981 Myron "Doojie" Seliger 07/16/2026 1,000.00
May & June 2026 Libbey Bowl Operations
80982 Sinclair Sanitary Supply, Inc. 07/16/2026 834.82
Supplies for Citywide Maintenance
80983 Solid Waste Solutions Inc. 07/16/2026 2,298.45
June 2026 Cal Recycle Program
80984 Southern CA Edison 07/16/2026 9,355.60
June 2026 Electricity
80985 Springbrook Holding Company, LLC 07/16/2026 2,375.00 May 2026 Standard Professional Services
80986 Starlight Dance Academy 07/16/2026 649.60
Recreation Class- Ballet & Jazz
80987 Timothy Kresge Debra Kresge 07/16/2026 3,368.75
Flooring Project at Libbey Bowl
80988 Tripepi Smith and Associates, Inc. 07/16/2026 8,800.00 May 2026 Monthly Retainer for Communications
80989 Ventura County Library Servc 07/16/2026 26,500.00 April - June 2026 Ojai Library Services Agreement
80990 Ventura County Sheriff's Dept 07/16/2026 333,398.73 June 2026 Patrol & Traffic Services and Hi-Tech Task Force Cost Share 80991 Ventura Urgent Care Center 07/16/2026 30.00
June 2026 Pre-Employment Physical
80992 Westridge Market Inc 07/16/2026 344.60
June 2026 Supplies for Council Meetings and City Unhoused 25 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
80993 Witherspoon Industries Inc 07/16/2026 90.00
June 2026 City Unhoused Storage
80994 AllConnected, Inc. 07/16/2026 1,245.33
Microsoft 365 Annual Licensing Fee
80995 Association of Water Agencies of Ventura County 07/16/2026 1,733.00 2026 Annual Membership Dues
80996 Catalina Industries Inc 07/16/2026 356.84
July 2026 Paint Supplies for Building Maintenance
80997 CoStar Realty Information Inc 07/16/2026 1,032.00 July 2026 CDD Software Program
80998 Flycast Partners, Inc. 07/16/2026 3,564.00
Annual IT Software Subscription
80999 Grant Writing USA 07/16/2026 625.00
Grant Management Course
81000 Johannes M Pouw 07/16/2026 1,190.80
Recreation Class- Golf
81001 Jumping Joe's 07/16/2026 360.00
Wet Slide for Recreation Day Camp
81002 Kelly Cleaning & Supplies, Inc. 07/16/2026 3,359.33 July 2026 Janitorial Services
81003 Meiners Oaks Hardware 07/16/2026 170.93
Supplies for Citywide Maintenance
81004 Ojai Auto Supply 07/16/2026 116.14
July 2026 Supplies for Trolley Maintenance
81005 Ojai Lumber Company Inc 07/16/2026 92.60
Supplies for Citywide Maintenance
81006 Ojai Valley News 07/16/2026 399.00
July 2026 Legal Ad
81007 Prudential Overall Supply 07/16/2026 137.30
Public Works Cleaning Supplies & Clothing Allowance
26 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
81008 Jan C. Scow 07/16/2026 210.00
July 2026 Tree Site Evaluation
81009 SSD Systems 07/16/2026 324.15
July 2026 Libbey Bowl Fire & Burglar Alarm Service and Fee 81010 Timothy Kresge Debra Kresge 07/16/2026 2,718.54
Flooring Project at Rec Snack Bar
81011 Tripepi Smith and Associates, Inc. 07/16/2026 17,910.00 State of the City Production Project
81012 72 Hour LLC 07/23/2026 56,185.74
Purchase of New Truck for Public Works
81013 AllConnected, Inc. 07/23/2026 6,695.90
July 2026 Monthly IT Support
81014 California Governor's Office of Emergency Services 07/23/2026 253.03 Refund for Federal & CDAA Grant
81015 Canon Financial Services, Inc. 07/23/2026 996.42
July 2026 Copy Machine Lease
81016 Disability Access Consultants LLC 07/23/2026 2,000.00 Annual Software License Subscription
81017 Envision Ford Linc of Oxnard 07/23/2026 60.80
July 2026 Supplies for Trolley Maintenance
81018 Fence Factory Rentals 07/23/2026 288.00
July 2026 Temporary Fence Rental for City Unhoused
81019 Kelly Cleaning & Supplies, Inc. 07/23/2026 5,018.75 July 2026 Janitorial Services
81020 Liebert Cassidy Whitmore 07/23/2026 5,280.00
Employment Relations Consortium Membership
81021 National Graphics, LLC 07/23/2026 1,681.82
July 2026 Daily Vehicle Inspection Forms
81022 Secural Security Corporation 07/23/2026 11,233.52 July 2026 City Unhoused Security
27 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
81023 SSD Systems 07/23/2026 321.32
August 2026 Libbey Bowl Fire & Burglar Alarm Services
81024 StoreRite 07/23/2026 182.75
August 2026 Monthly Storage Rental
81025 Westridge Market Inc 07/23/2026 15.48
July 2026 Supplies for City Department Meeting
81026 AT&T 07/23/2026 256.01
June 2026 Telephone
81027 BKS Law Firm, PC 07/23/2026 35,095.53
June 2026 Common Interest & Ventura Watershed Litigation 81028 California State Disbursement Unit 07/23/2026 82.15 July 2026 Payroll Expense
81029 Casitas Municipal Water District 07/23/2026 8,682.59 May 2026 Water
81030 Christy Billings 07/23/2026 302.34
Employee Reimbursement
81031 Data Ticket, Inc. 07/23/2026 1,174.51
March - May 2026 Parking Citation Fees
81032 Devil Mountain Wholesale Nursery LLC 07/23/2026 284.19 Trees for Street Planting
81033 Eleanor Fishburn 07/23/2026 807.50
June 2026 Cultural Resource Monitoring
81034 Fence Factory Rentals 07/23/2026 1,376.08
June 2026 Temporary Fence Rental for City Unhoused
81035 Franchise Tax Board 07/23/2026 100.00
July 2026 Payroll Expense
81036 Green Thumb Int'l 07/23/2026 5,301.27
June 2026 Supplies for General Maintenance
81037 Help of Ojai Inc. 07/23/2026 2,788.00
April - June 2026 City Unhoused Rapid Re-Housing Program Assistance 28 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
81038 Jordan Kear 07/23/2026 455.00
June 2026 Ventura Watershed Litigation Support
81039 Ojai Valley Fire Safe Council, Inc. 07/23/2026 28,951.88 Fire Safe Grant
81040 Ojai Valley News 07/23/2026 812.87
May 2026 Display Ad
81041 Michele Perrault 07/23/2026 248.00
Reimbursement for Building Permit
81042 Rogers, Anderson, Malody & Scott, LLC 07/23/2026 12,000.00 Progress Billing for FY24-25 Audit Services
81043 Jan C. Scow 07/23/2026 1,576.80
June 2026 Tree Site Evaluation
81044 Southern CA Edison 07/23/2026 21,932.02
June 2026 Electricity
81045 John Starbird 07/23/2026 300.00
Reimbursement for Appeal Application
81046 StoreRite 07/23/2026 40.00
June 2026 Shred at City Hall
81047 Ventura County Sheriff's Dept 07/23/2026 970.16
April - June 2026 Crisis Intervention Team Program
81048 Ventura Regional Sanitation District 07/23/2026 4,012.96 June 2026 Storm Drain Cleaning & Inspections
81049 Verizon Wireless 07/23/2026 1,113.82
June 2026 City Cell Phones
81050 Witherspoon Industries Inc 07/23/2026 190.00
January & May 2026 City Unhoused Storage
ACH CalPERS Retirement ACH 06/22/2026 208.57
June 2026 Payroll Expense
ACH Ameriflex: Claims ACH 06/23/2026 617.86
June 2026 Payroll Expense
29 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
ACH Health and Human Resource Center Inc 06/25/2026 143.64 June 2026 Payroll Expense
ACH Charter Communications Holdings, LLC 06/25/2026 104.00 June 2026 Spectrum Enterprise TV for City Council Meetings ACH J & H Engineering 06/25/2026 129,057.50
May 2026 Pavement Rehabilitation Project
ACH Phoenix Civil Engineering, Inc. 06/25/2026 3,921.50 May 2026 Gym Structural Design & Street Beacon Design
ACH Colantuono, Highsmith & Whatley, PC 06/25/2026 12,729.00 April & May 2026 Services
Special Projects 276.50
Encampment Resolution Grant Management 11,455.00
Criminal Code Enforcement 360.00
Tax & Assessments Advice 592.50
Miscellaneous Litigation 45.00
ACH Pax Environmental Inc 06/25/2026 214.50
May 2026 On-Call Arborist Services
ACH Christopher Reno 06/25/2026 2,900.00
June 2026 Trolley Repairs
ACH Amazon.com/Sales, Inc 06/26/2026 2,768.69
June 2026 Miscellaneous Supplies
ACH IRS ACH 06/26/2026 15,026.72
June 2026 Payroll Expense
ACH EDD ACH 06/26/2026 6,512.59
June 2026 Payroll Expense
ACH Mission Square RHS ACH 06/26/2026 22,374.00
June 2026 Retiree Health Savings
ACH IRS ACH 06/26/2026 43,590.22
June 2026 Payroll Expense
ACH Mission Square 457 ACH 06/26/2026 14,032.90
June 2026 Payroll Expense
30 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
ACH EDD ACH 06/26/2026 2,934.25
June 2026 Payroll Expense
ACH CalPERS Retirement ACH 06/29/2026 27,331.94
June 2026 Payroll Expense
ACH Chevron 07/02/2026 2,110.05
May 2026 Fuel
ACH The Webstaurant Store, Inc. 07/02/2026 9,978.54
Recreation Snack Bar Oven & Flat Top Replacement
ACH Christopher Reno 07/02/2026 5,400.00
June 2026 Trolley Repairs
ACH CalPERS Health ACH 07/02/2026 81,617.29
June 2026 Payroll Expense
ACH Amazon.com/Sales, Inc 07/02/2026 20,512.24
June 2026 Miscellaneous Supplies
ACH Ready Refresh by Nestle 07/03/2026 57.90
July 2026 Drinking Water for City Departments
ACH Ready Refresh by Nestle 07/03/2026 115.81
July 2026 Drinking Water for City Departments
ACH Ready Refresh by Nestle 07/03/2026 165.13
July 2026 Drinking Water for City Departments
ACH Ameriflex: Claims ACH 07/07/2026 954.85
July 2026 Payroll Expense
ACH Climatec LLC 07/09/2026 855,475.95
Citywide Energy Infrastructure Modernization Project
ACH Climatec LLC 07/09/2026 160,548.10
Citywide Energy Infrastructure Modernization Project
ACH Ameriflex: Claims ACH 07/13/2026 763.89
July 2026 Payroll Expense
ACH Amazon.com/Sales, Inc 07/13/2026 1,896.83
July 2026 Miscellaneous Supplies
31 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
ACH Ready Refresh by Nestle 07/13/2026 82.56
July 2026 Drinking Water for City Departments
ACH Christopher Reno 07/14/2026 2,777.00
July 2026 Trolley Repairs
ACH Amazon.com/Sales, Inc 07/14/2026 507.09
July 2026 Miscellaneous Supplies
ACH Phoenix Civil Engineering, Inc. 07/14/2026 74,527.80 May 2026 Services
Ojai Storm Drain Project 1,624.00
Ojai Paving Project 72,903.80
ACH Christopher Reno 07/14/2026 2,225.00
July 2026 Trolley Repairs
ACH California JPIA 07/14/2026 501,181.00
FY26-27 Workers Compensation & Liability Program
ACH Amazon.com/Sales, Inc 07/14/2026 52.50
July 2026 Miscellaneous Supplies
ACH U.S Bank National Association 07/14/2026 33,011.88
July 2026 Miscellaneous Supplies
ACH IRS ACH 07/14/2026 46,332.31
July 2026 Payroll Expense
ACH CalPERS Retirement ACH 07/14/2026 26,510.12
July 2026 Payroll Expense
ACH EDD ACH 07/14/2026 7,648.42
July 2026 Payroll Expense
ACH Mission Square 457 ACH 07/15/2026 10,361.46
July 2026 Payroll Expense
ACH Ameriflex: Admin Fee ACH 07/16/2026 120.00
July 2026 Payroll Expense
32 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
ACH Colantuono, Highsmith & Whatley, PC 07/17/2026 5,289.50 June 2026 Services
Special Projects 39.50
Labor & Employment 276.50
Criminal Code Enforcement 43.00
Miscellaneous Litigation 217.00
Encampment Resolution Grant Management 474.00
Ojai Mountain Farms 4,239.50
ACH California JPIA 07/17/2026 122,249.00
FY26-27 Property Insurance
ACH Amazon.com/Sales, Inc 07/17/2026 2,380.88
July 2026 Miscellaneous Supplies
ACH Christopher Reno 07/17/2026 5,125.00
July 2026 Trolley Repairs
ACH Pax Environmental Inc 07/17/2026 2,384.75
June 2026 On-Call Arborist Services
ACH Willdan Engineering 07/17/2026 2,417.00
May 2026 Plan Checking Services
Project 1025.001 402 Bryant Street 227.00
Project 1028.001 320 Bryant Street 2,190.00
ACH Phoenix Civil Engineering, Inc. 07/17/2026 1,183.50 June 2026 Services
Pedestrian & Bike Safety Project 877.50
Ojai Storm Drains Project 204.00
Street Beacon Design 102.00
ACH Ameriflex: Claims ACH 07/20/2026 40.00
July 2026 Payroll Expense
ACH Mission Square 457 ACH 07/24/2026 11,048.08
July 2026 Payroll Expense
ACH Christopher Reno 07/24/2026 2,750.00
July 2026 Trolley Repairs
ACH Amazon.com/Sales, Inc 07/24/2026 1,546.51
July 2026 Miscellaneous Supplies
33 Check Register
Check No Vendor Name Check Date Check Amount
Check Summary By Check Number
ACH Phoenix Civil Engineering, Inc. 07/24/2026 169,362.94 June 2026 Services
Ojai Paving Project 158,477.94
Arbolada Striping & Signage 10,885.00
ACH Amazon.com/Sales, Inc 07/24/2026 141.16
July 2026 Miscellaneous Supplies
ACH Willdan Engineering 07/24/2026 55,119.20
April 2026 Services
Ojai Code Enforcement 12,180.00
Building & Safety Plan Checking Services 7,442.50
Ojai Staff Augmentation 10,691.70
May 2026 Services
Ojai Code Enforcement 11,900.00
Ojai Staff Augmentation 11,025.00
Project 1013.001 216 Park Avenue 113.50
Project 1020.001 408 N Montgomery Drive 177.00
Project 1021.001 107 N Ventura & 103 W Matilija St 851.50 Project 1027.001 505 E Aliso Street 738.00
ACH Mission Square RHS ACH 07/24/2026 22,374.00
July 2026 Retiree Health Savings
4,037,004.47
ACH Payroll
Pay Period 6/8/2026-6/21/2026 06/25/2026 158,554.98
ACH Payroll
Pay Period 6/22/2026-7/5/2026 07/09/2026 125,471.48
ACH Payroll
Pay Period 7/6/2026-7/19/2026 07/23/2026 137,579.18
Wire & Paper Check Total 421,605.64
Grand Total 4,458,610.11 $
34 Category Amount
Advertisement 2,843.76
Ojai Valley News 2,843.76
Lease and Rentals 13,098.04
Bennie K. Enterprises Inc 4,110.00
Canon Financial Services, Inc. 1,824.56
County of Ventura 1,030.00
E.J. Harrison & Sons 64.01
Fence Factory Rentals 2,417.16
Greg Rents 428.67
Jumping Joe's 1,035.00
Puretec Industrial Water 146.43
StoreRite 405.50
United Site Services Inc 1,356.71
Witherspoon Industries Inc 280.00
Legal 194,041.57
Aleshire & Wynder LLP 99,122.74
BKS Law Firm, PC 56,633.50
Colantuono, Highsmith & Whatley, PC 18,018.50
Olivarez Madruga Law Organization, LLP 20,266.83
Payroll and Benefits 770,335.75
Ameriflex: Admin Fee ACH 120.00
Ameriflex: Claims ACH 2,376.60
California State Disbursement Unit 164.30
CalPERS Health ACH 81,617.29
CalPERS Retirement ACH 54,050.63
Colonial Life & Accident Ins 692.58
EDD ACH 17,095.26
Franchise Tax Board 200.00
Health and Human Resource Center Inc 143.64
IRS ACH 104,949.25
Lincoln National Life Insurance Co 2,681.22
Metropolitan Life Insurance Company 4,448.90
Mission Square 457 ACH 35,442.44
Mission Square RHS ACH 44,748.00
Pay Period 6/8/2026-7/19/2026 421,605.64
Professional/Contract Services 3,182,305.97
Agromin 1,383.54
Alta Planning & Design 972.80
Association of Water Agencies of Ventura County 1,733.00 CA Dept of Justice 128.00
California JPIA 623,430.00
City of Ojai
Disbursement by Category
35 Christopher Reno 21,177.00
Climatec LLC 1,016,024.05
County of Ventura 961.11
County of Ventura Behavioral Health Department 50,586.01 County of Ventura Public Works Agency 303.50
Data Ticket, Inc. 1,174.51
EideBailly LLP 3,586.75
Eleanor Fishburn 4,925.75
Emmanuel A Mendez 3,000.00
Fillmore Area Transit Corporation 11,102.00
Full Circle Training Solutions 259.00
Glenda C Mahon 420.00
Grant Writing USA 625.00
Greater Goods Ojai 2,500.00
Help of Ojai Inc. 7,288.00
Hinderliter, de Llamas & Associates 1,558.18
Historic Resources Group LLC 4,402.38
J & H Engineering 129,057.50
Jan C. Scow 1,926.80
JMG Security Systems, Inc. 12,647.67
Jordan Kear 455.00
Kelly Cleaning & Supplies, Inc. 14,176.83
LAFCO 4,656.00
Liebert Cassidy Whitmore 5,280.00
Marco Alarcon 300.00
Mark Cranes Tree Inc 25,800.00
MV Cheng & Associates Inc. 4,025.00
Myron "Doojie" Seliger 1,000.00
Nusa Patricia Maal 2,500.00
Ojai Independence Day Committee 30.00
Ojai Music Festival 4,280.25
Ojai Valley Chamber of Commerce 13,651.42
Ojai Valley Fire Safe Council, Inc. 57,903.76
Owl Towing & Storage, Inc. 550.00
Pax Environmental Inc 2,599.25
Phoenix Civil Engineering, Inc. 248,995.74
Phoenix Group Info Systems 159.12
Rincon Consultants Inc 32,277.45
Rogers, Anderson, Malody & Scott, LLC 12,000.00
Secural Security Corporation 27,026.88
Solid Waste Solutions Inc. 2,298.45
Southern California Association of Governments 1,148.00 SSD Systems 645.47
Timothy Kresge Debra Kresge 10,970.81
36 Tripepi Smith and Associates, Inc. 37,510.00
Tyco Integrated Security, LLC 897.27
Ventura County Library Servc 26,500.00
Ventura County Sheriff's Dept 662,275.56
Ventura Overhead Door 19,190.00
Ventura Pest Management 149.00
Ventura Regional Sanitation District 4,012.96
Ventura Urgent Care Center 333.00
Willdan Engineering 57,536.20
Recreation Classes 13,065.63
AllGood Driving School, Inc. 28.00
Darrell Gooden 676.00
Firestick Pottery 406.00
Johannes M Pouw 2,427.59
Kathleen Abasi 130.00
Katya Welborn 6,337.50
Max Dickenson 1,105.00
Starlight Dance Academy 649.60
VC Fusion Soccer 1,305.94
Reimbursement and Refunds 3,482.77
Ben Harvey 405.34
Bernie Heckenlively 50.00
California Governor's Office of Emergency Services 253.03 Christian Cubacub 278.41
Christy Billings 302.34
Jeremy Henry 616.50
John Starbird 300.00
Juan Morales 366.75
Michele Perrault 248.00
Norma Cervantes 662.40
Subscription and Software 49,921.93
AllConnected, Inc. 14,950.93
Complete Paperless Solutions LLC 26,000.00
CoStar Realty Information Inc 1,032.00
Disability Access Consultants LLC 2,000.00
Flycast Partners, Inc. 3,564.00
Springbrook Holding Company, LLC 2,375.00
Supplies 174,002.00
72 Hour LLC 56,185.74
Amazon.com/Sales, Inc 29,805.90
Capital Industrial Medical Supply Co 231.82
Catalina Industries Inc 1,073.90
Custom Printing 3,252.90
David Hauptman CO.; INC 472.23
37 Delta Liquid Energy 2,991.40
Devil Mountain Wholesale Nursery LLC 284.19
Dispensing Technology 2,702.49
Envision Ford Linc of Oxnard 104.81
Green Thumb Int'l 5,301.27
Meiners Oaks Hardware 2,324.60
National Graphics, LLC 2,155.49
Ojai Auto Supply 3,762.27
Ojai Lumber Company Inc 1,081.24
Ojai True Value Hardware 16.05
Poway Gymnastics 12,516.21
Prudential Overall Supply 658.64
Ready Refresh by Nestle 653.00
Sinclair Sanitary Supply, Inc. 3,669.85
The Webstaurant Store, Inc. 9,978.54
U.S Bank National Association 33,011.88
Ventura Signs & Screen Printing 1,390.52
Westridge Market Inc 377.06
Utilities 55,512.69
AT&T 546.50
Casitas Municipal Water District 16,682.11
Charter Communications Holdings, LLC 104.00
Chevron 2,110.05
Ojai Valley Sanitary District 2,138.82
So Cal Gas 119.56
Southern CA Edison 31,287.62
Verizon Wireless 2,524.03
Grand Total 4,458,610.11
38 Warrant Register for the Meeting Date August 11, 2026 Per Section 37208 of the Government Code, I hereby certify that the referenced demands conform to the approved budget except as noted and have been paid. These demands are hereby submitted to the City Council for receipt and file.
______________________________________
Leah Palmer, Acting Finance Director
39
Administrative Report
TO: Honorable City Council
FROM: Ben Harvey, City Manager
Steve Olsen, City Treasurer
Brenda Cho, Finance Director
MEETING DATE: August 11, 2026
SUBJECT: Treasurer’s Monthly Report of Cash and Investments for the City of Ojai as of June 30, 2026
RECOMMENDATION
Receive and file.
DISCUSSION
The City Treasurer has evaluated the City’s investments and has formalized an investment plan working with the investments authorized by the Statement of Investment Policy, which was adopted by City Council in June 2025. The investment plan was developed with the intent of lengthening the duration and yield of the portfolio, while providing comparative benchmarks and protecting the City’s funds. The focus of our investment strategy is Safety, Liquidity, and Yield.
The following is a summary of key information on the City’s cash and investments. Please see Exhibit A for more detailed information and discussion.
Cash & Investments Amounts Yield % Interest-to-Date
6/30/2026
Cash in Bank
MBS Cash $ 511,944 0.00%
Wells Fargo Sweep $ 2,406,422 3.51% $ 88,394
Wells Fargo Section 125 $ 24,701 0.00%
Investment Accounts
LAIF $ 28,147,178 3.82% $ 924,881
MBS Certificate of Deposits $ 10,363,920 3.49% $ 426,462 Total Cash & Investments $ 41,454,165 3.67% $ 1,439,737 40
Change in Portfolio:
06-2026 $993,000 Withdrawals MBS – CD redemptions (4)
06-2026 $1,000,000 Deposits LAIF – State of California
The attached Treasurer’s report for the month of June 2026 provides details of the investment plan and the City’s cash and investment portfolio.
CITY COUNCIL GOALS ALIGNMENT
Goal No. 8 - Financial Stability
OPTIONS
1. Take no action.
2. Provide alternate direction to staff.
FISCAL IMPACT
There is no fiscal impact associated with this report.
Prepared by: Matthew Hutchins, Accountant II
ATTACHMENT(S)
Attachment A – Treasurer’s Report
Exhibit A – Cash & Investment Summary
41 Attachment A
City of Ojai
Treasurer’s Report for the Month of June 2026
The City Treasurer has evaluated the City’s investments and has formalized an investment plan, which includes investments authorized by the Statement of Investment Policy, which was adopted by City Council in June 2025. The investment plan was developed within the framework of the three basic requirements for our investments:
1. Safety- Secure the City’s principal that is invested,
2. Liquidity- provide sufficient cash flow for ongoing operations, and
3. Yield – obtain a reasonable rate of return on the City’s investments.
Benchmarks
Benchmarks are used to measure how the City’s portfolio is performing compared to other measures.
Staff have chosen to compare the portfolio to two benchmarks: The County of Ventura Investment Pool and the US Government 2-yr Treasuries. Benchmarks may be changed if it is determined that a different benchmark would be more appropriate for the City’s use. Historical information for the City’s portfolio and the chosen benchmarks for the past five years is illustrated in the chart to the right. Historical information for the City’s portfolio and the chosen benchmarks for the past five years is illustrated in the chart below.
The weighted average yield to maturity and the weighted average DTM for the City’s investments portfolio on June 30, 2026, were 3.67% and 265 days. By comparison, the weighted average yield to maturity and the weighted average DTM for the County of Ventura portfolio were 3.83% and 285 days, and 2-yr Treasury were 4.14% and 720 days.
Impact of Market Changes on Investment Earnings and Values Investments are purchased at par value and market interest rates may vary from the investment’s actual current yield. Changes in the market value of investments result in “unrealized gains or
0.00%
1.00%
2.00%
3.00%
4.00%
5.00%
6.00%
Jun-21
Aug-21
Oct-21
Dec-21
Feb-22
Apr-22
Jun-22
Aug-22
Oct-22
Dec-22
Feb-23
Apr-23
Jun-23
Aug-23
Oct-23
Dec-23
Feb-24
Apr-24
Jun-24
Aug-24
Oct-24
Dec-24
Feb-25
Apr-25
Jun-25
Aug-25
Oct-25
Dec-25
Feb-26
Apr-26
Jun-26
June 2021- June 2026
Ojai Compared to Benchmarks
Ojai Ventura County 2-Yr Treasury
42 Attachment A
losses” on the investment. Increasing market interest rate environments generally result in an unrealized loss while decreasing market interest rates generally result in an unrealized gain.
Unrealized gains and losses are temporary adjustments to the carrying value of the investment and do not become permanent unless the investment is sold prior to maturity. Governmental Accounting Standards Board Statement No. 31 (GASB 31) requires the City to adjust the value of investments to the market value in the annual financial statements. Because CDs are purchased with a fixed rate of interest until maturity and the temporary adjustments cumulatively net to zero by the time that the CDs mature, the GASB 31 adjustment can create significant distortions in revenues throughout the life of the CD.
Planned Investment Instruments
Certificates of deposit (CDs) are purchased at par value and earn a constant rate of return throughout the life of the investment, regardless of the current market value of the investment. The CDs are fully insured by the federal government. The CDs may be sold prior to maturity at the current market value, which could result in a realized gain or loss on the sale; however, as the CDs move closer to maturity, the fixed interest rate will generally be higher than comparable investments with the same remaining term. Additionally, the interest earned over the life of the CD will generally offset any potential loss on the sale, thus protecting the City’s principal. CDs are primarily subject to interest rate and reinvestment risk (see below).
The Local Agency Investment Pool (LAIF) is a Local Government Investment Pool (LGIP) containing investments allowed by the California Government Code and administered by the California State Treasurer for local agencies to invest idle cash. LAIF funds may be accessed on the day that a withdrawal is requested and earn interest based upon the monthly yield of the pool. Interest is accrued monthly but is paid quarterly. These assets are primarily subject to credit risk (see below).
Credit, Interest Rate, and Reinvestment Risk
Credit risk is the possibility that the deterioration in the underlying creditworthiness of an issuer will adversely affect the value of its outstanding bonds or that a bond issuer will fail to make timely payments of interest or principal on its outstanding bonds (default). A decline in a bond issuer’s credit rating, or creditworthiness, may cause prices for its outstanding bonds to decline. Typically, the higher the credit risk, the higher the interest rate on the investment.
Interest rate risk is the possibility that a fixed-rate investment will decline in value because of a rise in interest rates. Whenever investors buy securities that offer a fixed rate of return (such as CDs), they are exposing themselves to interest rate risk. In general, investment prices vary inversely with market interest rates. The change in the price of an investment depends on several factors, including its maturity date. In general, investments with longer maturities are more sensitive to changes in interest rates than investments with shorter maturities.
Reinvestment Risk is the risk that falling interest rates will lead to a decline in cash flow from an investment when its principal and interest payments are reinvested at lower rates. In 43 Attachment A
a declining interest rate environment, investors who have investments maturing face the difficult task of investing the proceeds in instruments with equal or greater interest rates than the matured investment. As a result, they are often forced to purchase securities that do not provide the same level of income, unless they take on more credit or market risk and buy investments with lower credit ratings.
Changes to the Pooled Cash and Investment Portfolio
Action:
Transaction
Date Amount Description
Maturity
Date
Percent
Yield
6/2/26
$246,000.00 MBS withdrawal – CD redemption 6/2/26 3.1%
6/17/26 $249,000.00 MBS withdrawal – CD redemption 6/17/26 0.6% 6/25/26 $1,000,000.00 Deposits – LAIF State of California N/A 3.82% 6/30/26 $249,000.00 MBS withdrawal – CD redemption 6/30/26 0.8% 6/30/26 $249,000.00 MBS withdrawal – CD redemption 6/30/26 0.9% Cash and Investment Balances
See Exhibit A for details on the cash and investment balances.
This report is presented pursuant to the City of Ojai’s Investment Policy Resolution 25-25 adopted by the City Council on June 24, 2025. Staff estimate that there are sufficient funds available to meet the next 6 months’ obligations.
44 BOOK/ PERCENT AVERAGE YIELD
POOLED DESIGNATED AND OPERATING PAR MARKET OF CITY DAYS TO 365 DAYS CASH & INVESTMENTS: VALUE VALUE CASH MATURITY MATURITY EQUIVALENT Operating Cash
Checking Accounts
Wells Fargo Section 125 24,701 24,701 0.06% 1 0.00%
Total 24,701 24,701 0.06%
Money Market
Wells Fargo (Sweep) Sweep 2,385,185 2,406,422 5.81% 1 3.51% MBS (Cash) Cash 511,944 511,944 1.24% 1 0.00%
Total Operating Cash 2,897,129 2,918,366 7.04%
Invested Cash
Local Government Pools and Certificates of Deposit
Local Agency Investment Funds Investment Pool 28,147,178 28,147,178 67.90% 220 3.82% Certificates of Deposit:
89235MLD1 TOYOTA FINL SVGS BK Certificate of Deposit 248,000.00 247,536 0.60% 7/22/2026 2026 22 0.95% 33715LFU9 FIRST TECHNOLOGY FED Certificate of Deposit 245,000.00 245,029 0.59% 9/25/2026 2026 87 4.05% 74909LAD2 QUORUM FED CR UN PUR Certificate of Deposit 249,000.00 249,092 0.60% 9/30/2026 2026 92 4.15% 67054NAY9 NUMERICA CR UN Certificate of Deposit 249,000.00 249,217 0.60% 9/30/2026 2026 92 4.35% 098079BZ8 B1BANK BATON ROUGE Certificate of Deposit 245,000.00 244,787 0.59% 9/30/2026 2026 92 3.65% 32116QBS4 FIRST NATL BK MIDDLE Certificate of Deposit 245,000.00 244,704 0.59% 9/30/2026 2026 92 3.70% 97412MAL3 WINGS FINL CR UN Certificate of Deposit 245,000.00 244,907 0.59% 10/21/2026 2026 113 4.00% 03065AAY9 AMERICAS CR UN Certificate of Deposit 248,000.00 247,903 0.60% 10/23/2026 2026 115 3.85% 87165GJ86 SYNCHRONY BK RETAIL Certificate of Deposit 248,000.00 245,453 0.59% 11/5/2026 2026 128 1.10% 59013KQF6 MERRICK BK SOUTH Certificate of Deposit 249,000.00 246,072 0.59% 11/30/2026 2026 153 1.15% 70962LAY8 PENTAGON FEDERAL CR Certificate of Deposit 249,000.00 245,746 0.59% 12/23/2026 2026 176 1.25% 856285E31 STATE BK INDIA NEW Certificate of Deposit 247,000.00 243,801 0.59% 1/21/2027 2027 205 1.65% 25660BAL7 DOGWOOD ST BK Certificate of Deposit 249,000.00 245,175 0.59% 1/28/2027 2027 212 1.30% 31944MBP9 FIRST CAROLINA BK Certificate of Deposit 249,000.00 245,175 0.59% 1/28/2027 2027 212 1.30% 02357QAQ0 AMERANT BK NATL ASSN Certificate of Deposit 248,000.00 244,332 0.59% 2/16/2027 2027 231 1.60% 15721UEW5 CFBANK NATL ASSN Certificate of Deposit 249,000.00 244,949 0.59% 2/17/2027 2027 232 1.40% 14042TFE2 CAPITAL ONE BK USA Certificate of Deposit 246,000.00 243,363 0.59% 4/6/2027 2027 280 2.65% 14042RQU8 CAPITAL ONE NATL Certificate of Deposit 246,000.00 243,619 0.59% 4/27/2027 2027 301 2.90% 50625LBJ1 LAFAYETTE FED CR UN Certificate of Deposit 245,000.00 243,175 0.59% 5/25/2027 2027 329 3.25% 254673F76 CAPITAL ONE NATL Certificate of Deposit 246,000.00 243,936 0.59% 6/1/2027 2027 336 3.20% 32110YC86 FIRST NATL BK AMER Certificate of Deposit 249,000.00 250,208 0.60% 7/26/2027 2027 391 4.60% 61690UQ29 MORGAN STANLEY BK N Certificate of Deposit 245,000.00 243,434 0.59% 8/4/2027 2027 400 3.55% 19075JAB4 COBALT FED CR UN Certificate of Deposit 245,000.00 243,412 0.59% 9/15/2027 2027 442 3.60% 243594AR9 DECORAH BK & TR CO Certificate of Deposit 249,000.00 245,703 0.59% 9/23/2027 2027 450 3.70% 32026UYA8 FIRST FNDTN BK Certificate of Deposit 244,000.00 245,562 0.59% 11/4/2027 2027 492 4.70% 89786MAP9 TRUE SKY FED CR UN Certificate of Deposit 249,000.00 248,811 0.60% 11/8/2027 2027 496 4.10% 710275AK4 PEOPLES BK CO Certificate of Deposit 249,000.00 247,952 0.60% 1/12/2028 2028 561 3.90% 79772FAG1 SAN FRANCISCO FED CR Certificate of Deposit 249,000.00 249,613 0.60% 2/3/2028 2028 583 4.35% 530520AE5 LIBERTY FIRST CR UN Certificate of Deposit 249,000.00 249,640 0.60% 2/3/2028 2028 583 4.35% 011852AK6 ALASKA USA FED CR UN Certificate of Deposit 248,000.00 250,671 0.61% 3/22/2028 2028 631 4.85% 64017ABA1 NEIGHBORS FED CR UN Certificate of Deposit 248,000.00 251,765 0.61% 7/26/2028 2028 757 5.00% 89854LAD5 TTCU FED CR UN TULSA Certificate of Deposit 248,000.00 251,765 0.61% 7/26/2028 2028 757 5.00% 23204HQB7 CUSTOMERS BK Certificate of Deposit 245,000.00 243,305 0.59% 8/15/2028 2028 777 3.90% 52171MAL9 LEADERS CR UN Certificate of Deposit 248,000.00 251,928 0.61% 8/30/2028 2028 792 5.00% 291916AB0 EMPOWER FED CR UNION Certificate of Deposit 248,000.00 252,551 0.61% 9/29/2028 2028 822 5.10% 654062MK1 NICOLET NATL BK Certificate of Deposit 249,000.00 246,527 0.60% 11/1/2028 2028 855 3.80% 07181JBM5 BAXTER CR UN VERNON Certificate of Deposit 249,000.00 248,151 0.60% 11/22/2028 2028 876 4.10% 17783PAJ0 CITY FED CR UN Certificate of Deposit 249,000.00 247,167 0.60% 1/12/2029 2029 927 3.95% 577234DA2 MAUCH CHUNK TR CO Certificate of Deposit 248,000.00 248,538 0.60% 2/28/2029 2029 974 4.35% 07371DT23 BEAL BK USA LAS Certificate of Deposit 244,000.00 246,782 0.60% 6/6/2029 2029 1,072 4.70% 05765LBX4 BALBOA THRIFT & LN Certificate of Deposit 249,000.00 248,395 0.60% 7/23/2029 2029 1,119 4.20% 795451DM2 SALLIE MAE BK SALT Certificate of Deposit 244,000.00 244,071 0.59% 7/24/2029 2029 1,120 4.30% Total Certificates of Deposit 10,390,000 10,363,920 25.00% Total 41,459,008 41,454,165 92.90% (B) 265 (A) 0.0366935 Total Pooled Operating Cash & Investments 41,459,008 41,454,165 100.00% Total Pooled Cash & Investments $ 41,459,008 $ 41,454,165 100.00% (A) Rate includes 0.12% interest rate + 0.35% earnings credit (B) Weighted Average days to maturity and yield for the invested cash
CITY OF OJAI
TREASURER'S REPORT - CASH & INVESTMENT SUMMARY
June 30, 2026
Exhibit A
45
Administrative Report
TO: Honorable City Council
FROM: Ben Harvey, City Manager
Lindy Palmer, Public Works Director
MEETING DATE: August 11, 2026
SUBJECT: Adoption of Ordinance No. 973 Suspending Certain Requirements Of Article 2 Of Chapter 3 Of Title 7 Of The Ojai Municipal Code (“Well Construction, Modification, And
Demolition Standards”) (City Council Direction)
RECOMMENDATION
Continue second reading of Ordinance No. 973 to the August 25, 2026, City Council meeting.
DISCUSSION
At the June 16, 2026, regular meeting, staff presented Ordinance No. 973 for first reading, proposing to repeal well permit regulations within the City. The original staff recommendation called for the full repeal of Article 2 of Chapter 3 of Title 7 of the Ojai Municipal Code ("Well Construction, Modification, and Demolition Standards") in its entirety. Following discussion, the City Council directed staff to return with a revised ordinance that would suspend the well permit requirements rather than permanently repeal them.
On July 14, 2026, Council introduced Ordinance No. 973 to suspend the well ordinance requirements. The primary rationale for the suspension is the elimination of duplicative regulatory oversight: the Ojai Basin Groundwater Management Agency (OBGMA) already possesses the statutory authority and technical expertise to oversee well permitting, monitoring, and inspection within the Ojai Valley, making the City's separate permitting and public hearing process redundant and burdensome for applicants.
A summary of the suspended requirements are as follows:
Suspends the City's well permitting requirements under Article 2 of Chapter 3 of Title 7 of the Municipal Code, meaning no new City well permits will be required during the suspension period.
Preserves the City's right to enforce any permits previously issued under the Well Permit Ordinance, and does not override any state, federal, OBGMA, or other 46
agency requirements.
Establishes an indefinite suspension with no automatic expiration — the suspension remains in effect until the City Council acts by subsequent ordinance to rescind or repeal it.
Requires a biennial review by City staff, who must report to the City Council at least every two years on OBGMA's regulatory activities, whether duplicative oversight still exists, and whether reinstatement, amendment, or permanent repeal should be considered.
Reserves all municipal authority, expressly retaining the City's police powers and the City Council's right to amend, reinstate, replace, or repeal the Well Permit Ordinance at any time.
Adds a new Section 7-3.224 to the Municipal Code to memorialize the suspension within the Code itself.
On July 31, 2026, the City published notice of the introduction of the ordinance.
Subsequent to publication, City staff identified revisions needed for this notice, but also received an inquiry from the County of Ventura regarding an Agreement entered into between the City and County approved in December 1991 under which the County provides well permit and inspection services on behalf of the City and inquiry from the County regarding the implications of the ordinance’s adoption on this Agreement. In order to allow for time to review this Agreement and provide a full briefing of this to City Council, City staff and the City attorney recommend continuing this item to the August 25, 2026, City Council meeting.
CITY COUNCIL GOALS ALIGNMENT
Goal No. 9 - Communication and Relationships
OPTIONS
1. Take no action;
2. Provide alternative direction to staff.
FISCAL IMPACT
Adoption of the ordinance is expected to reduce the City’s administrative burden and associated costs of processing well permits, resulting in savings related to permit processing, staff time, and hearings.
Prepared by: Lindy Palmer, Public Works Director
ATTACHMENT(S)
A. Ordinance No. 973 amending the Municipal Code to suspend certain requirements of article 2 of chapter 3 of title 7 of the Ojai Municipal Code.
47 ATTACHMENT A
1 CITY OF OJAI
ORDINANCE NO. 973
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
OJAI, CALIFORNIA, SUSPENDING CERTAIN
REQUIREMENTS OF ARTICLE 2 OF CHAPTER 3 OF TITLE
7 OF THE OJAI MUNICIPAL CODE (“WELL
CONSTRUCTION, MODIFICATION, AND DEMOLITION
STANDARDS”), SUBJECT TO BIENNIAL REVIEW BY
CITY COUNCIL, AND CREATING A NEW SECTION 224 OF
ARTICLE 2 OF CHAPTER 3 OF TITLE 7 OF THE OJAI
MUNICIPAL CODE.
WHEREAS, the City currently regulates well construction, modification, and demolition activities pursuant to Article 2 of Chapter 3 of Title 7 of the Ojai Municipal Code (the “Well Permit Ordinance”); and
WHEREAS, the Ojai Basin Groundwater Management Agency (“OBGMA”) was designated by the California legislature as the agency responsible for overseeing groundwater management within the Ojai Basin, including the review and permitting of wells; and
WHEREAS, the City’s existing permitting requirements for wells included in the Well Permit Ordinance overlap the groundwater well permitting and review processes administered by OBGMA; and
WHEREAS, the City Council finds that maintaining a separate City permitting and public hearing process for wells results in duplicative regulatory oversight, unnecessary administrative burdens, and delays for applicants; and
WHEREAS, the City Council further finds that OBGMA possesses the technical expertise and regulatory authority necessary to oversee the permitting, monitoring, and inspection of wells within the Ojai Valley; and
WHEREAS, the City Council also finds that suspension of the Well Permit Ordinance will allow the City to avoid duplicative regulation while preserving its authority to reinstate local permitting requirements if warranted by future circumstances; and WHEREAS, the suspension of Article 2 of Chapter 3 of Title 7 of the Ojai Municipal Code will allow the City to redirect administrative resources toward other municipal priorities while continuing to rely on the expertise and oversight of OBGMA and Ventura County for groundwater and well regulation; and
WHEREAS, the City Council finds that suspending the City’s well permitting requirements is in the interest of efficient governance and regulatory consistency; and 48 ATTACHMENT A
2 WHEREAS, the City Council desires to periodically evaluate whether the suspension remains in the public interest.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OJAI,
CALIFORNIA, DOES ORDAIN, AS FOLLOWS:
SECTION 1. Recitals. The above set forth recitals and findings are true and correct and incorporated herein by reference, as if set forth in full.
SECTION 2. Suspension of Well Permit Ordinance. Commencing on the effective date of this Ordinance, and except as otherwise provided herein, the City’s administration and enforcement of Article 2 of Chapter 3 of Title 7 of the Ojai Municipal Code is hereby suspended. During the suspension period, no new permit shall be required pursuant solely to Article 2 of Chapter 3 of Title 7 of the Ojai Municipal Code.
The City expressly reserves the right to take enforcement action against any permittee that fails to comply with an existing permit previously issued by the City under the Well Permit Ordinance. Nothing in this Ordinance shall be construed to alter, limit, waive, or impair any requirement imposed by state law, federal law, the Ojai Basin Groundwater Management Agency, or any other governmental agency having jurisdiction.
SECTION 3. Duration of Suspension. The suspension established by this Ordinance shall remain in effect unless and until such time as this ordinance and the Ojai Municipal Code amendments contemplated herein are rescinded or repealed by subsequent ordinance adopted by the City Council.
SECTION 4. Biennial Review. At least once every two years following the effective date of this Ordinance, City staff shall prepare a report to the City Council regarding:
1. The regulatory activities of the Ojai Basin Groundwater Management Agency and other agencies exercising jurisdiction over wells within the City;
2. Whether duplication of regulatory oversight continues to exist;
3. Whether reinstatement, amendment, or permanent repeal of the Well Permit Ordinance should be considered; and
4. Any public health, safety, environmental, or administrative concerns associated with continuation of the suspension.
Following receipt of the report, the City Council shall consider whether continuation of the suspension remains in the public interest. Failure to conduct a review by any particular date shall not automatically terminate the suspension established by this Ordinance.
49 ATTACHMENT A
3 SECTION 5. Reservation of Municipal Authority. Nothing in this Ordinance shall be construed as relinquishing the City’s police powers or authority to regulate wells, groundwater-related activities, or land uses to the extent authorized by law. The City Council expressly reserves the right to amend, resume application of, replace, or repeal the Well Permit Ordinance at any time. Furthermore, notwithstanding anything in this Ordinance, the City Council reserves the right to take enforcement action regarding any violation of any requirement under a permit issued by the City prior to the effective date of this Ordinance.
SECTION 6. Code Amendment. The Ojai Municipal Code is hereby amended to add a new Section 224 to Article 2 of Chapter 3 of Title 7 to read as follows:
§ 7-3.224 Suspension of Article 2 of Chapter 3 of Title 7 Notwithstanding any other provision of this Article, the permitting and other administrative requirements established in this Article 2 of Chapter 3 of Title 7 (“Well Construction, Modification and Demolition Standards”) are suspended until such time as the City Council repeals such suspension by ordinance. Notwithstanding the suspension contemplated by this Section 7-3.224, the City retains all of its authority to enforce the requirements and conditions of any permit issued under this Article in its sole and absolute discretion.
SECTION 7. Environmental Determination. The City Council determines that based on the entire administrative record, the foregoing amendment to the Ojai Municipal Code is exempt from the California Environmental Quality Act (“CEQA”) for the following reasons. Pursuant to California Code of Regulations, Title 14, Section 15061(b)(3) of the CEQA Guidelines, CEQA review is not required if an activity is not a project as defined in Section 15378 of the CEQA Guidelines. In accordance with Section 15378(b)(5), a “project” for purposes of CEQA does not include organizational or administrative activities of governments that will not result in direct or indirect physical changes in the environment. This ordinance is administrative in nature, and will not result in any direct or indirect physical changes in the environment. The adoption of this ordinance is therefore exempt from CEQA review pursuant to California Code of Regulations, Title 14, Sections 15060 and 15378, subdivision (b)(5) of the CEQA Guidelines.
SECTION 8. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that any one or more sections, subsections, phrases or portions might be declared invalid or unconstitutional. 50 ATTACHMENT A
4 SECTION 9. Certification. The City Clerk shall cause this Ordinance to be published as required by law and shall cause a copy of this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the City.
SECTION 10. Effective Date. This Ordinance shall take effect 30 days after its passage.
51 ATTACHMENT A
5 PASSED, APPROVED and ADOPTED this 11th day of August, 2026.
CITY OF OJAI, CALIFORNIA
__________________________________
Andy Gilman, Mayor
ATTEST:
___________________________________
Steve Quilici, City Clerk
APPROVED AS TO FORM:
__________________________________
Bethany A. Burgess, City Attorney
I, Weston Montgomery, Chief Deputy City Clerk of the City of Ojai, certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Ojai held on July 14, 2026, and adopted at a regular meeting held on August 11, 2026 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of Ojai on this 11th day of August 2026.
___________________________________
Weston Montgomery, Chief Deputy City
Clerk
52
Administrative Report
TO: Honorable City Council
FROM: Ben Harvey, City Manager
Lindy Palmer, Public Works Director
MEETING DATE: August 11, 2026
SUBJECT: Ratification of the Memorandum of Agreement (MOA) Between the County of Ventura, Ventura County Watershed Protection District, California Department of Transportation, Ojai Valley Sanitary District, and the Cities of Ojai and San Buenaventura (MOA Parties) to Share the Costs of Funding a Ventura River Algae TMDL Monitoring Program; and Approval of Associated Expenditures (Operational Need)
RECOMMENDATION
1. Ratify MOA for the Ventura River Algae TMDL Monitoring Program, retroactively effective January 1, 2025, through January 1, 2028, and;
2. Approve the City's three-year cost-sharing obligation of $129,794.83.
DISCUSSION
The City of Ojai is a co-permittee and responsible party under the Municipal Separate Storm Sewer System (MS4) Permit (Order No. R4-2021-0105), which mandates the City to participate in countywide water quality monitoring and reporting to the Los Angeles Regional Water Quality Control Board (RWQCB).
To ensure continued environmental compliance with the RWQCB, Public Works staff works in conjunction with the County of Ventura to finalize the new three-year cost sharing MOA with the MOA Parties. The new MOA incorporates existing and new regulatory requirements as mandated by the RWQCB. We originally anticipated the agreement, and associated costs would fall within the City Manager’s signing authority; however, upon receiving the invoice, it became clear that the total exceeded $30,000 due to the multi-year financial obligations. Although the intention was to maintain uninterrupted compliance, the financial impact surpassed the City Manager’s contracting authority. 53
BACKGROUND
On December 6, 2012, the RWQCB amended the Water Quality Control Plan for the Los Angeles Region to incorporate a Total Maximum Daily Load monitoring program (TMDL) for algae, eutrophic conditions, and nutrients in the Ventura River. Effective June 28, 2013, the mandate required all six MOA parties to begin monitoring TMDL for Algae, eutrophic conditions, and nutrients in the Ventura River by January 19, 2015 (MOA, Page 1).
The MOA parties originally established the cost-sharing framework for the Ventura River Algae TMDL Monitoring Program (VRATMP) on November 13, 2020. Under the Councilapproved Amendment No. 1, the City's obligations spanned January 19, 2020, through January 19, 2025, which authorized not-to-exceed of $117,076.
New MOA Terms And Provisions
The MOA term begins January 1, 2025 and ends January 1, 2028 (three years). The County of Ventura serves as the program administrator responsible for implementing and administering the VRATMP on behalf of all MOA Parties (MOA, Page 2). The County's responsibilities include:
Soliciting, awarding, and administering a consultant services contract to implement the VRATMP (MOA Page 5, B.1).
Preparing and providing an annual accounting of VRATMP costs within 120 calendar days after completion of each calendar year's activities (MOA Page 5, B.2). Preparing and submitting monitoring reports to the RWQCB and all MOA Parties.
CITY COUNCIL GOALS ALIGNMENT
Goal No. 5 - Public Safety
OPTIONS
1. Take no action;
2. Provide alternative directions to staff.
FISCAL IMPACT
Funding is currently available for years one and two of the three-year financial commitment.
Funding will be budgeted for year three upon adoption of the Fiscal Year 2027/28 budget.
The budget to implement and administer the VRATMP for the next three years is included in Exhibit A of the MOA. The budget consists of estimated consultant fees to implement and administer the VRATMP, a 10% contingency fee for unanticipated/unexpected consultant work and services, and a 2% administrative fee to cover the County’s costs to perform the work and tasks. The total cost of the MOA for three years, including all MOA Parties, is shown below:
54
City of Ojai Cost Share
Year Ojai's Share Per MOA Actual Obligation
(Based on Actual Cost)
Year 1 (2025/26) $41,779.54 $38,542.35
Year 2 (2026/27) $43,246.56 Not billed
Year 3 (2027/28) $44,768.73 Not billed
3-Year Total $129,794.82 $38,542.35
Should Council choose to forgo the MOA cost sharing agreement, staff will have to take on the work of soliciting, awarding, and administering a contract for consultant services to implement the VRATMP and perform all work, and furnish all personnel and materials, so that the City complies with the RWQCB’s mandatory TMDL monitoring program.
Therefore, to avoid administrative costs and allocate City staff’s time wisely, it is recommended that the Council: Ratify MOA for the Ventura River Algae TMDL Monitoring Program, retroactively effective January 1, 2025, through January 1, 2028, and; approve the City's three-year cost-sharing obligation of $129,794.83.
Prepared by: Lindy Palmer, Public Works Director
ATTACHMENT(S)
A. Memorandum of Agreement Between County of Ventura and MOA Parties. 55
CA 2379
MEMORANDUM OF AGREEMENT BETWEEN COUNTY OF VENTURA,
VENTURA WATERSHED PROTECTION DISTRICT, CALIFORNIA
DEPARTMENT OF TRANSPORTATION, OJAI VALLEY SANITARY DISTRICT,
AND THE CITIES OF OJAI AND SAN BUENAVENTURA TO SHARE THE
COSTS OF FUNDING A VENTURA RIVER ALGAE TMDL MONITORING
PROGRAM
This Memorandum of Agreement (“MOA”) is entered into on January 1, 2025, by and between the County of Ventura (“County”), Ventura County Watershed Protection District (“District”), the California Department of Transportation (“Caltrans”), Ojai Valley Sanitary District (“OVSD”), City of Ojai (“Ojai”), and City of San Buenaventura, a California charter law municipal corporation (“Ventura”). Hereinafter, the parties to this MOA may be referred to individually as a “Party” and collectively as the “MOA Parties”.
WHEREAS, on December 6, 2012, under Resolution No. R12-011, the Los Angeles Regional Water Quality Control Board (“RWQCB”) amended the Water Quality Control Plan for the Los Angeles Region to incorporate a TMDL for Algae, Eutrophic Conditions, and Nutrients in the Ventura River and its Tributaries (“Algae TMDL”); and WHEREAS, the VR Algae TMDL went into effect on June 28, 2013; and WHEREAS, the VR Algae TMDL listed the MOA Parties as responsible for conducting receiving water monitoring to be commenced on January 19, 2015, which is 90 days after RWQCB approval of the Comprehensive Monitoring Plan for the VR Algae TMDL (VRACMP); and WHEREAS, on July 23, 2021, the RWQCB adopted Order No. R4-2021-0105 to regulate municipal separate storm sewer system discharges within the coastal watersheds of Los Angeles and Ventura Counties (collectively, “the 2021 Permit”) and, among other things, incorporating the existing Algae TMDL for various parts and reaches of the Ventura River; and WHEREAS, the 2021 Permit makes Ojai, Ventura, the County, and the District (“MS4 Parties”) individually responsible for complying with its requirements; WHEREAS, the 2021 Permit identifies each of the MS4 Parties as responsible parties for the Algae TMDL; and
WHEREAS, the Algae TMDL requires the MOA Parties to monitor and report to the RWQCB specified water quality data on the loading of certain constituents/pollutants to specified parts and reaches of the Ventura River; and
WHEREAS, the MS4 Parties have prepared the Ventura Countywide Stormwater Quality Management Program’s Coordinated Integrated Monitoring Plan (“CIMP”), which includes a monitoring and reporting program component designed to comply with the 2021 Permit’s monitoring and reporting requirements for the Algae TMDL; and WHEREAS, the CIMP, dated June 2024, as may be amended by the MS4 Parties from time to time, is incorporated herein by this reference; and WHEREAS, because the MOA Parties are each responsible for complying with the Algae TMDL and the MS4 Parties are each responsible for complying with the 2021 Permit, the MOA 56
Parties desire to share the costs of funding the implementation and administration of a monitoring and reporting program that addresses the provisions of the VRCMP and the Algae TMDL provisions of the CIMP, herein referenced as the Ventura River Algae TMDL Monitoring Program (“VRATMP”), as provided in this MOA.
NOW, THEREFORE, the MOA Parties agree as follows:
1. Parties Support and Cooperation. The MOA Parties agree to support and cooperate to ensure the MOA Parties’ compliance with the Algae TMDL’s monitoring and reporting requirements and the implementation and administration of the VRATMP. In particular, each MOA Party agrees to assist with the collection, preparation, and timely review of data, information, and studies as may be required by the Algae TMDL and the VRATMP.
2. MOA Relationship to 2021 Permit. Nothing in this MOA, nor any part or portion hereof, shall modify or be interpreted to modify any MS4 Party’s obligation to comply with, or liability under, the 2021 Permit.
3. Independent Work of Parties. Nothing in this MOA, nor the work set forth in this MOA, nor any activities approved or carried out by the MOA Parties hereunder, shall affect any individual effort independently undertaken by a Party to otherwise comply with the Algae TMDL.
4. Term. The term of this MOA shall begin on January 1, 2025 and end on January 1, 2028.
5. Program Administration.
A. The County will be the program administrator responsible for implementing and administering the VRATMP on behalf of the MOA Parties.
B. As the program administrator, the County will be responsible for performing the following work and tasks on behalf of the MOA Parties to implement and administer the VRATMP:
1. Solicit, award, and administer a contract for consultant services to implement the VRATMP and perform all work, and furnish all personnel and materials, so that the MOA Parties comply with the 2021 Permit’s and the Algae TMDL’s monitoring and reporting requirements, as applicable. This contract shall require the consultant to hold harmless, indemnify and defend all MOA Parties, each Party individually, and each Party’s officials, officers, employees and agents.
The contract shall further require consultant to have at least the following insurance policies and limits: commercial general liability insurance, including contractual liability, in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant; business automobile liability insurance in an amount not less than $1,000,000 combined single limit for bodily injury and property damage for each claimant; workers’ compensation insurance as required by law; and employer’s liability insurance in an amount not less than $1,000,000 per claimant.
2. Prepare and provide the MOA Parties an annual accounting of VRATMP costs within 120 calendar days after the completion of the activities for each calendar year. The County may request an extension of this time period, 57
which shall not be unreasonably withheld, by submitting a written request to the MOA Parties.
3. Prepare and provide to the RWQCB, and the MOA Parties, the monitoring reports prepared pursuant to the VRATMP and required by the 2021 Permit and Algae TMDL.
4. To act as the point of contact for the consultant contracted to implement the VRATMP on behalf of the MOA Parties; and for the MOA Parties in connection with the Algae TMDL monitoring and reporting requirements and the VRATMP’s administrative and fiscal management.
6. Program Funding. Except as otherwise provided herein, the MOA Parties agree to share the costs to fund implementation and administration of the VRATMP in accordance with this Section 6.
A. Budget. The budget to implement and administer the VRATMP for the next three years is included in Exhibit A. The budget consists of estimated actual consultant fees to implement and administer the VRATMP, a 10% contingency fee for unanticipated/unexpected consultant work and services, and a 2% administrative fee to cover the County’s costs to perform the work and tasks described in Section 5(B).
B. Algae TMDL Cost Share. The MOA Parties agree to share the VRATMP costs of implementing and administering the Algae TMDL’s monitoring and reporting requirements, as set forth in Exhibit A.
C. Payment. The MOA Parties agree to submit payment to the County within 90 calendar days of receiving an invoice from the County for their respective shares of the costs related to this MOA.
7. Caltrans Specific Provisions.
A. Grant of Access Rights Onto Caltrans Rights of Way. Any Party intending to enter onto a Caltrans right of way shall first make a written request to Caltrans, identifying the site location, extent of access by persons (and equipment, if any), dates and times of entry, as well as an explanation of the purpose of that entry. Caltrans shall thereafter determine, within ten (10) business days, if that entry shall be allowed without a formal Encroachment Permit issued by the District Permit Engineer as an authorized presence of non-Caltrans parties not interfering with or threatening the safety of the traveling public or the integrity of the Caltrans infrastructure. In such case, Caltrans shall condition that right of entry on the accompaniment of a Caltrans representative who shall be empowered to restrict or limit the access of those permittees, as deemed necessary, at the sole discretion of Caltrans. Where adverse impacts to traffic or the traveled way can be anticipated by Caltrans, Caltrans may require the requesting Party to submit a formal Encroachment Permit application, to be filed and completed together with Traffic Control Plans when necessary (which must be prepared by or under the supervision of a traffic engineer licensed in the State of California) with the District Permit Engineer. An Encroachment Permit may require as much as six (6) weeks to be issued depending upon the extent of coordination and development of traffic controls required for that access.
Caltrans shall endeavor, in good faith, to satisfy all requests for access as promptly as possible.
58
B. Caltrans Obligations. All obligations of Caltrans under the terms of this MOA are subject to the appropriation of the resources by the Legislature and the allocation of resources by the California Transportation Commission. This MOA has been written before ascertaining the availability of federal or state legislative appropriation of funds, for the mutual benefit of the MOA Parties in order to avoid program and fiscal delays that would occur if the MOA was executed after that determination was made. This MOA is valid and enforceable as to Caltrans as if sufficient funds have been made available to Caltrans by the United States Government or California State Legislature for the purposes set forth in this MOA. If the United States Government or the California State Legislature does not appropriate sufficient funds for Caltrans to participate in this MOA, this MOA may be amended in writing by the MOA Parties to reflect any agreed upon reduction in the percentage of funds contributed by Caltrans to continue its participation in this MOA.
Caltrans, however, has the option to withdraw from this MOA in the event sufficient funds are not appropriated for Caltrans. Should Caltrans exercise its option to withdraw from this MOA, Caltrans shall remain responsible for its share of liability, if any, incurred while participating in this MOA.
8. Withdrawal.
A. Any Party may withdraw from this MOA, with or without case, by giving the other MOA Parties at least 30 calendar days’ written notice thereof. The withdrawing Party shall be responsible for its allocated costs under this MOA up to the date of its notice to withdrawal. From the date of a Party’s notice to withdrawal, or the date that the withdrawing Party pays all of its allocated costs, whichever is later, that Party shall no longer be bound by any term of this MOA except Section 9, which shall survive the expiration and/or any termination of this MOA.
B. In the event a Party withdraws before the end of the term of this MOA, the MOA Parties agree to meet promptly, but not less than 30 calendar days from receiving notice from the withdrawing Party, to discuss the need to amend this MOA to update the cost share arrangement between the remaining MOA Parties.
9. Indemnification. In contemplation of the provisions of Section 895.2 of the California Government Code imposing certain tort liability jointly upon public entities solely by reason of such entities being parties to an agreement as defined by Section 895 of the Government Code, each Party, pursuant to the authorization contained in Sections 895.4 and 895.6 of the California Government Code, hereby agrees to and shall indemnify and hold harmless the other MOA Parties as provided in this Section. Therefore, each of the MOA Parties shall defend, indemnify, and hold harmless the other MOA Parties and each of their officers, employees and agents from and against any and all actions, damages, liability or claims for death, injury, loss, damage or expense to persons or property arising from or related to, or claimed to have arisen from or be related to, the negligent acts or omissions of such performing Party in connection with its performance under this MOA, except to the extent such actions, damages, claims, losses, expenses or liabilities have arisen from or relate to the negligent acts or omissions of the indemnified Party or Parties. If judgment is entered against all the MOA Parties by a court of competent jurisdiction because of the concurrent active negligence of one or more MOA Parties, the MOA Parties agree that liability will be apportioned as determined by the court.
10. Disclosure of Program Data. To the extent permitted by law, all VRATMP data collected by the MOA Parties and any consultant contract pursuant to Section 5(B) will remain 59
confidential and in draft form until finalized and submitted to the RWQCB. Each Party agrees not to disclose VRATMP data to any person or entity without first notifying the other MOA Parties, unless otherwise required by court order. If any Party is required to disclose VRATMP data without first notifying the other MOA Parties, the disclosing Party shall notify the other MOA Parties of the disclosure as soon as possible.
11. Waiver. Waiver by a Party of any one or more of the conditions of performance under this MOA shall not be a waiver of any other condition of performance under this MOA. In no event shall the making by any Party of any payment constitute or be construed as a waiver by that Party of any breach of covenant or any default that may then exist on the part of any other Party, and the making of any such payment by a Party shall in no way impair or prejudice any right or remedy available to that Party or any other Party with regard to such breach or default.
12. Entire Agreement; Integration. This MOA, including all exhibits attached hereto and any other documents incorporated herein by specific reference, constitutes the entire integrated agreement of the MOA Parties regarding the subject matter described herein. This MOA supersedes all prior oral or written communications, negotiations, representations, agreements and promises, including (without limiting the generality of the foregoing) that certain agreement between the MOA Parties, dated November 13, 2020.
13. Amendment. This MOA may not be modified or amended, nor any provision or breach waived, except in a writing signed by all MOA Parties which expressly refers to this MOA.
14. Assignment. No Party shall assign or transfer any interest in this MOA or any part thereof, whether by assignment or novation, without every other Party’s prior written consent. Any purported assignment without written consent shall be null, void, and of no effect.
15. Notices. Any notice pursuant to this MOA shall be made by certified mail or registered letter, return receipt requested, or by overnight courier to all MOA Parties at the following addresses:
If to County:
Ventura County Public Works Agency
Attn: Hayley Luna, Stormwater Program Mgr.
800 South Victoria Avenue
Ventura, CA 93009-1610
PHONE: (805) 662-6737
EMAIL: [email protected]
If to District:
Ventura County Public Works Agency
Attn: Arne Anselm, Deputy Director
800 South Victoria Avenue
Ventura, CA 93009-1610
PHONE: (805) 654-3942
EMAIL: [email protected]
If to Caltrans:
California Department of Transportation
Attn: Nelson Kwong, Stormwater Dev. Office
100 South Main Street
Los Angeles, CA 90012
PHONE: (916) 956-6187
EMAIL: [email protected]
If to Ventura:
City of San Buenaventura
Attn: Joe Yahner, Env’l. Sus. Mgr.
P.O. Box 99
Ventura, CA 93002-0099
PHONE: (805)652-4558
EMAIL: [email protected]
If to OVSD:
Ojai Valley Sanitary District
If to Ojai:
City of Ojai
60
Attn: Alison Young, Asst. GM-Administration
1072 Tico Road
Ojai, CA 93023
PHONE: (805) 646-5548
EMAIL: [email protected]
Attn: Joseph Padilla, Project Mgr./Inspector
405 South Signal Street
Ojai, CA 93023
PHONE: (805) 646-5581, Ext. 203
EMAIL: [email protected]
16. Interpretation; Venue. The validity, interpretation, and performance of this MOA shall be controlled by and construed under the laws of the State of California, excluding California’s choice of law rules. Venue for any such action or dispute involving or relating to this MOA shall be in the Ventura County Superior Court.
17. Authority to Execute. Any person executing this MOA on behalf of a Party warrants and represents that he or she has the authority to execute this MOA on behalf of that Party and has the authority to bind that Party to the performance of its obligations hereunder.
18. Counterparts. This MOA may be executed in one or more counterparts, each of which shall be deemed to be an original and all of which, when taken together, shall be deemed to be one and the same agreement. A signed copy of this MOA transmitted by email or other means of electronic transmission shall be deemed to have the same legal effect as delivery of an original executed copy of this MOA for all purposes.
[SIGNATURES ON FOLLOWING PAGE]
61
IN WITNESS WHEREOF, the MOA Parties hereto have executed this MOA as of the dates set out below.
COUNTY OF VENTURA VENTURA COUNTY WATERSHED
PROTECTION DISTRICT
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
CA DEPARTMENT OF TRANSPORTATION CITY OF SAN BUENAVENTURA By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
OJAI VALLEY SANITARY DISTRICT CITY OF OJAI
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
Jeff Palmer
Watershed Protection District Director
1/14/2025
Gregg Strakaluse
Director-PWA
01/14/2025
62
IN WITNESS WHEREOF, the MOA Parties hereto have executed this MOA as of the dates set out below.
COUNTY OF VENTURA VENTURA COUNTY WATERSHED
PROTECTION DISTRICT
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
CA DEPARTMENT OF TRANSPORTATION CITY OF SAN BUENAVENTURA By:
Name:
Title:
Date:
CITY OF OJAI
By:
Name:
Title:
Date:
OJAI VALLEY SANITARY DISTRICT
By:
Name:
Title:
Date:
By:
Name:
Title:
Date:
63 64
65 66
Exhibit A
Budget and Cost Sharing
A. Budgets. Estimated actual costs of implementing and administering the Algae TMDL monitoring and reporting requirements are set forth in the following tables. Separate budget tables have been prepared for (i) receiving water monitoring costs and (ii) MS4 outfall monitoring costs. As provided in Section 6 of the MOA, budgets include the estimated actual costs of consultancy fees to implement and administer the VRATMP for the next three years, a 10% contingency fee for unanticipated/unexpected VRATMP work and services, and a 2% administrative fee to cover the County’s costs to perform the work and tasks described in Section 5(B) of the MOA.
Table A-1: Receiving Water Monitoring Cost Budget
Monitoring
Year
VRATMP Costs:
Receiving Monitoring
Component
Contingency
Fee (10%)
Administrative
Fee (2%) Total
Year 1 $212,950.00 $21,295.00 $4,684.90 $238,929.90
Year 2 $220,420.00 $22,042.00 $4,849.24 $247,311.24
Year 3 $228,170.00 $22,817.00 $5,019.74 $256,006.74
TOTAL $661,540.00 $66,154.00 $14,553.88 $742,247.88
Table A-2: MS4 Outfall Monitoring Cost Budget
Monitoring
Year
VRATMP Costs:
MS4 Outfall Monitoring
Component
Contingency
Fee (10%)
Administrative
Fee (2%) Totals
Year 1 $6,980.00 $698.00 $153.56 $7,831.56
Year 2 $7,230.00 $723.00 $159.06 $8,112.06
Year 3 $7,490.00 $749.00 $164.78 $8,403.78
TOTALs $21,700.00 $2,170.00 $477.40 $24,347.40
[CONTINUED ON NEXT PAGE]
67
B. Cost Share. The MOA Parties agree to share the costs of implementing and administering the Algae TMDL monitoring and reporting provisions as set forth in the following tables.
Table B-1: Receiving Water Monitoring Cost Share
Party
Cost Share
Totals
Year 1 Year 2 Year 3
County $39,821.65 $41,218.54 $42,667.79 $123,707.98
District $39,821.65 $41,218.54 $42,667.79 $123,707.98
Caltrans $39,821.65 $41,218.54 $42,667.79 $123,707.98
OVSD $39,821.65 $41,218.54 $42,667.79 $123,707.98
Ojai $39,821.65 $41,218.54 $42,667.79 $123,707.98
Ventura $39,821.65 $41,218.54 $42,667.79 $123,707.98
TOTALS $238,929.90 $247,311.24 $256,006.74 $742,247.88
Table B-2: MS4 Outfall Monitoring Cost Share
Party
Cost Share
Totals
Year 1 Year 2 Year 3
County $1,957.89 $2,028.02 $2,100.94 $6,086.85
District $1,957.89 $2,028.02 $2,100.94 $6,086.85
Ojai $1,957.89 $2,028.02 $2,100.94 $6,086.85
Ventura $1,957.89 $2,028.02 $2,100.94 $6,086.85
TOTALS $7,831.56 $8,112.06 $8,403.76 $24,347.40
68
Administrative Report
TO: Honorable City Council
FROM: Ben Harvey, City Manager
MEETING DATE: August 11, 2026
SUBJECT: Approval of Amendment No. 1 to the Interagency Agreement with the Ventura County Transportation Commission (VCTC) for Senat Bill 125 (SB125) Transit and Intercity Rail Capital Program (TIRCP) Funding (Operational Need)
RECOMMENDATION
Authorize the City Manager to execute Amendment No. 1 and related documents necessary to implement the amended agreement.
DISCUSSION
On November 12, 2024, the City Council accepted an award of $877,868 in Senate Bill 125 (SB 125) funding and authorized the City Manager to execute an Interagency Agreement with the Ventura County Transportation Commission (VCTC). The original agreement provided funding for transit capital improvements and operational support, including the purchase of replacement and zero-emission transit vehicles, electric vehicle charging infrastructure, and transit operations.
VCTC has since prepared Amendment No. 1 to the Interagency Agreement to increase the City’s funding allocation and revise the project scope. Under the amendment, VCTC will allocate an additional $1,065,547 in Transit and Intercity Rail Capital Program (TIRCP) funds, increasing the City’s total allocation to a not-to-exceed amount of $1,943,415.
Approval of this amendment will provide the City with additional state funding to continue implementing its transit capital improvement program, support the transition toward a zeroemission, fleet and invest in the infrastructure necessary to maintain and improve transit services for the community. These investments are consistent with the City’s ongoing efforts to improve service reliability, enhance transit facilities, and meet state requirements related to zero-emission transit operations.
CITY COUNCIL GOALS ALIGNMENT
Goal No. 8 - Financial Stability
OPTIONS
1. Take no action;
69
2. Provide alternative direction to staff.
FISCAL IMPACT
Approval of Amendment No. 1 will provide an additional $1,065,547 in grant revenue to the Transit Fund. This action will allow the City to utilize the funds for eligible transit capital improvements in accordance with the amended Interagency Agreement.
Prepared by: Norma Cervantes, Assistant to the City Manager
ATTACHMENT(S)
A. Amendment No. 1 to Interagency Agreement
B. SB125 Agreement – VCTC & Ojai Fully Executed
70 Amendment 1 to City of Ojai, Interagency Agreement
AMENDMENT NO. 1
TO
INTERAGENCY AGREEMENT BETWEEN
VENTURA COUNTY TRANSPORTATION COMMISSION
AND
CITY OF OJAI
This Amendment No. 1 (“First Amendment”) is made as of this 11th__ day of August , 2026 (“Effective Date”) by and between the VENTURA COUNTY TRANSPORTATION COMMISSION ("VCTC"), and CITY OF OJAI. (“CITY”). CITY and VCTC are sometimes referred to herein together as the “Parties” and singularly as a “Party”.
RECITALS
WHEREAS, VCTC and Contractor entered into an agreement on April 2 2025 pursuant to which VCTC agreed to allocate Grant Funds and CITY agreed to implement the Project (“Project”); and
WHEREAS, the Parties desire to amend the Agreement to revise the Scope of Services and Grant Funds Amount.
NOW THEREFORE, VCTC and CITY agree as follows:
1. Scope of Services (Section 2a to the Agreement) is amended to incorporate the following changes to the original Agreement replace the existing language with the following language :
a. Grant Administration: As the original fund recipient, VCTC shall be responsible for distributing the Grants Funds to CITY to be used for the Project. VCTC has agreed to distribute an additional $1,065,547 TIRCP funds for a not-to-exceed amount of $1,943,415.
2. Scope of Services (Section 2b ) is amended to incorporate the following changes to the original Agreement replace the existing language with the following language:
a. Project Implementation: CITY will implement Facility Upgrades and Electric Vehicle Charging infrastructure and replacement buses.
3. Exhibit A to the Agreement is amended to repeal the existing Exhibit A and replace it with Exhibit A- Revised, attached hereto and incorporated herein.
Except to the extent amended herein, all other provisions of the Agreement remain in unchanged and in full force and effect.
71 Amendment 1 to City of Ojai, Interagency Agreement
This First Amendment may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one original, which shall be binding upon and effective as to all Parties.
IN WITNESS THEREOF, the parties have executed this First Amendment on the day of
2026.
VENTURA COUNTY TRANSPORTATION COMMISSION
by:
Martin Erickson, Executive Director
Approved as to form
by:
Lindsay D’Andrea, General Counsel
CITY OF OJAI
by:
Its: Ben Harvey, City Manager
CITY OF OJAI
by:
Its: Bethany Burgess, City Attorney
72 Amendment 1 to City of Ojai, Interagency Agreement
Exhibit A – Revised Scope of Work
TBD
73 INTERAGENCY AGREEMENT
BETWEEN
VENTURA COUNTY TRANSPORTATION COMMISSION
AND
CITY OF OJAI
THIS AGREEMENT is entered into between Ventura County Transportation Commission (VCTC) and the CITY OF OJAI regarding the disbursement and administration of funds from the State of California’s Senate Bill 125 (SB125) Transit and Intercity Rail Capital Program & Zero Emission Transit Capital Program (TIRCP and ZETCP) as of __2__day of April, 2025 (“Effective Date”).
WHEREAS Senate Bill 862 of the 2014 Statutes appropriates funds from the Greenhouse Gas Reduction Fund to the Transit and Intercity Rail Capital Program (TIRCP), administered by Caltrans; and,
WHEREAS, on August 7, 2024, VCTC received authorization for funding of its SB125 Projects (“Grant Funds”) for the transit capital projects; and WHEREAS, the CITY OF OJAI intends to implement capital improvements and fund transit operating expenses (Project), which will further the purposes of the 2023 TIRCP and ZETCP and is an eligible project for Grant Funds;
WHEREAS, pursuant to VCTC’s TIRCP funding allocation, VCTC is authorized to allocate TIRCP funding to sub-recipient agencies as necessary in order to implement eligible projects; and
WHEREAS, the CITY OF OJAI has agreed to implement the Project and VCTC desires to allocate funds for implementation of the Project.
NOW, THEREFORE, THE PARTIES DO AGREE AS FOLLOWS:
I. FUNDING/PROGRAM MANAGEMENT
1. Assignments of Participants: VCTC hereby agrees to engage the CITY OF OJAI and the CITY OF OJAI hereby agrees to carry out the work outlined in the Scope of Services, attached hereto and incorporated herein as Exhibit A, in connection with the administration of the Grant Funds. The CITY OF OJAI will be responsible for assuring that the CITY OF OJAI meets all grant requirements placed on TIRCP recipients (“Grant Requirements”) as detailed in Section II of this Agreement and in Exhibit B, attached hereto and incorporated herein.
2. Scope of Services:
a. Grant Administration: As the original fund recipient, VCTC shall be responsible for distributing the Grant Funds to the CITY OF OJAI project. VCTC has agreed to distribute $877,868 of Grant Funds to the Project.
Attachment A
1.e-3
74 b. Project Implementation: The CITY OF OJAI will implement capital improvements as detailed in Exhibit A in accordance with the Grant Requirements to the extent that funds from VCTC are available pursuant to this Agreement.
3. Title and Ownership: The title to and ownership of all equipment, tools, materials, and supplies (hereinafter referred to as "Equipment") purchased or otherwise acquired for use in connection with the Project shall vest in the CITY OF OJAI upon delivery to the Project site, unless otherwise specified in writing by VCTC.
4. Operations and Maintenance Responsibility: The CITY OF OJAI shall be responsible, at its sole cost and expense, for the proper operations and maintenance (O&M) of all Equipment and infrastructure related to the Project as specified in the Original Equipment Manufacturer’s (OEM) contract manuals. This responsibility extends to all phases of the Project, including but not limited to installation, commissioning, testing, and operational use. The CITY OF OJAI shall perform all O&M activities in accordance with the manufacturer’s recommendations, industry best practices, and all applicable laws and regulations.
5. Duration of Agreement and Authorization to Proceed: This Agreement shall begin on the Effective Date and shall continue until June 30, 2027. Upon execution and allocation of Grant Funds, the CITY OF OJAI is authorized to proceed with implementation of Project.
6. Entire Agreement; Integration: This Agreement constitutes the entire agreement between the parties hereto with respect to the administration of Grant Funds and obligations described herein for the [Project] and supersedes as of the date hereof any prior agreement(s) and amendments between the parties, written or oral, concerning the subject matter of this Agreement.
7. Amendments to the Agreement: The provisions of this Agreement may be amended upon written acceptance and ratification of any such amendment by both VCTC and the CITY OF OJAI.
8. Method of Payment: CITY OF OJAI must keep the unexpended Grant Funds in a separate interest-bearing account. Any interest that is accrued shall be accounted for and used for the Project. Any Grant Funds or accrued interest earned received in excess of the final Project cost, or those Grant Funds found to be owed back to VCTC as a result of a final, independent review or audit, must be returned to VCTC within thirty (30) days of Project closeout or expiration of this Agreement. CITY OF OJAI shall provide supporting documentation that shows the reconciliation of all Project expenditures and any remaining unused funds.
9. Costs: VCTC shall have no liability for cost deficits for the Project. The CITY OF OJAI shall have no authority to incur cost overruns for the Project and under no circumstances will VCTC be responsible for funding the Project in excess of the distributed funds and the interest earned thereon. Prior to the commencement of any charging infrastructure installation or modification, the CITY OF OJAI shall provide VCTC with a detailed cost estimate for the proposed work. The cost estimate shall include breakdowns of labor, materials, equipment, and any additional expenses associated with the Project.
Attachment A
1.e-4
75 II. CALTRANS TIRCP REQUIREMENTS
The CITY OF OJAI shall note the following provisions apply to TIRCP grants and shall take all necessary action to ensure its compliance as though it was the grantee directly.
1. Reports: In addition to any other reports required by the Grant Requirements, Annual performance reports shall be prepared and submitted to VCTC, no later than October 1
st each year, for the duration of the Project performance period, or until all activities are completed and the Project is formally closed. Failure to submit performance reports could result in the reduction of Project funds, termination, or suspension of this Agreement.
2. Other Provisions: The CITY OF OJAI is subject to all Grant Requirements, any and all policies and regulations of Caltrans with regard to the FY2022-23 TIRCP grant, and all applicable laws regarding California public agency procurements, including but not limited to public works requirements, transportation agency specialized rail equipment procurements, contract bid procedures, and the payment of prevailing wages.
3. Grant Performance Period: Funds allocated under this grant shall be expended by June 30, 2027 (“Grant Performance Period”). Funds remaining unexpended beyond the Grant Performance Period of the Grant Funds approved by Caltrans shall revert to Caltrans.
4. Audits/Recordkeeping: CITY OF OJAI shall provide VCTC with any data, records, or documentation necessary for compliance with audit procedures required by the Grant Requirements and shall cooperate with VCTC in the preparation of any audit to the extent necessary. CITY OF OJAI shall retain all Project cost records for a minimum of three (3) years after completion of the Project or such other period of time as may be required by law. To the extent that any inappropriate or unallowable expenditures by the CITY OF OJAI are identified and Caltrans requests repayment, CITY OF OJAI shall refund such funds to VCTC for transmission back to Caltrans in accordance with Section I.6.
III. OTHER PROVISIONS
1. Indemnification: To the fullest extent permitted by law, CITY OF OJAI shall protect, defend, indemnify, and hold harmless VCTC, its officers, agents, servants, and employees, from any and all liability arising out of, or caused by, any act or omission of the CITY OF OJAI or its officers, agents, or servants as a result of any act or omission by CITY OF OJAI in its performance pursuant to this Agreement.
The obligations of the CITY OF OJAI in these indemnity provisions survive the expiration or earlier termination of this Agreement.
2. Insurance: CITY OF OJAI shall procure and maintain for the duration of this Agreement insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CITY OF OJAI, its agents, representatives, employees or subcontractors. The insurance required by this Section may be satisfied by a program of self-insurance upon satisfactory documentation provided to VCTC that such selfinsurance program meets the requirements outlined herein.
Attachment A
1.e-5
76 a. MINIMUM SCOPE AND LIMIT OF INSURANCE Coverage shall be at least as broad as:
i. Commercial General Liability (CGL): Insurance Services Office Form CG 00 01 covering CGL on an “occurrence” basis, including products and completed operations, property damage, bodily injury and personal & advertising injury with limits no less than $3,000,000 per occurrence/$6,000,000 general aggregate. If a general aggregate limit applies, either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.
ii. Automobile Liability: ISO Form Number CA 00 01 covering any auto (Code 1), or if Contractor has no owned autos, hired, (Code 8) and non-owned autos (Code 9), with limit no less than $2,000,000 combined single limit, per accident for bodily injury and property damage.
iii. Workers’ Compensation: as required by the State of California, with Statutory Limits, and Employer’s Liability Insurance with limit of no less than $1,000,000 per accident for bodily injury or disease. iv. If the CITY OF OJAI maintains higher limits than the minimums shown above, VCTC requires and shall be entitled to coverage for the higher limits maintained by the CITY OF OJAI. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the VCTC.
b. Other Insurance Provisions: The insurance policies are to contain, or be endorsed to contain, the following provisions:
i. Additional Insured Status: VCTC, their officers, officials, employees, agents and volunteers are to be covered as additional insureds on the CGL policy with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts, or equipment furnished in connection with such work or operations.
General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance (at least as broad as ISO Form CG 20 10 11 85 or if not available, through the addition of both CG 20 10, CG20 26, CG 20 33, or CG 20 38; and CG 20 37 if a later edition is used).
ii. Primary Coverage: For any claims related to this Agreement, the CITY OF OJAI’s insurance coverage shall be primary insurance as respects VCTC, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by VCTC, its officers, officials, employees, or volunteers shall be excess of the CITY OF OJAI’s insurance and shall not contribute with it.
iii. Notice of Cancellation: Each insurance policy required above shall provide that coverage shall not be canceled, except with 30 days’ notice to VCTC.
Attachment A
1.e-6
77 iv. Waiver of Subrogation: The CITY OF OJAI hereby grants to VCTC a waiver of any right to subrogation which any insurer of the CITY OF OJAI may acquire against the VCTC by virtue of the payment of any loss under such insurance. The CITY OF OJAI agrees to obtain any endorsement that may be necessary to affect this waiver of subrogation, but this provision applies regardless of whether or not the VCTC has received a waiver of subrogation endorsement from the insurer.
v. Self-Insured Retentions: Self-insured retentions must be declared to and approved by VCTC. VCTC may require the CITY OF OJAI to purchase coverage with a lower retention or provide proof of ability to pay losses and related investigations, claim administration, and defense expenses within the retention. Further, if the CITY OF OJAI’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the selfinsured retention, such provisions must be modified by special endorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self-insured retention required to be paid as a precondition to the insurer’s liability. vi. Acceptability of Insurers: Insurance is to be placed with insurers with the current A.M. Best’s rating of no less than A:VII, unless otherwise acceptable to VCTC.
c. Verification of Coverage: The CITY OF OJAI shall furnish VCTC with original certificates and amendatory endorsements or copies of the applicable policy language affecting coverage required by this clause. All certificates and endorsements are to be received and approved by VCTC before work commences. However, failure to obtain the required documents prior to the work beginning shall not waive the CITY OF OJAI’s obligation to provide them.
In the event a claim is filed against VCTC as a result of the CITY OF OJAI’s actions, the CITY OF OJAI shall provide VCTC a copy of the CITY OF OJAI’s insurance policies upon request.
d. Subcontractor: The CITY OF OJAI shall require and verify that all subcontractors working on Project maintain insurance meeting all requirements stated herein, and the CITY OF OJAI shall ensure that VCTC is an additional insured on insurance required from subcontractors. For CGL coverage, subcontractors shall provide coverage with a form at least as broad as CG 20 38 and CG 20 40.
3. Termination: The CITY OF OJAI may terminate this Agreement upon written notice to VCTC if Grant Funds are canceled or otherwise unavailable for the Project. The CITY OF OJAI may terminate this Agreement for cause after giving written notice to VCTC of VCTC's default under this Agreement at least thirty (30) calendar days before the termination is to be effective. Within thirty (30) calendar days after receipt of the CITY OF OJAI's written notice of the default, VCTC may cure the default, or, if the default cannot be reasonably cured within that time period, if VCTC has not commenced the Attachment A
1.e-7
78 cure within that time period, diligently continued to pursue that cure, and completed it within one hundred eighty (180) calendar days after receipt of the notice. The CITY OF OJAI may not terminate this Agreement if VCTC cures the default in accordance with this Section 3. If the VCTC does not cure the default and CITY OF OJAI terminates this Agreement, CITY OF OJAI shall return any funds that are unused as of the date of the termination and that are not necessary for payment for services provided prior to the termination date.
VCTC may terminate this Agreement upon written notice to the CITY OF OJAI if Grant Funds are canceled or otherwise unavailable to the Project. VCTC may terminate this Agreement for cause after giving written notice to CITY OF OJAI of CITY OF OJAI's default under this Agreement at least thirty (30) calendar days before the termination is to be effective. Within thirty (30) calendar days after receipt of VCTC's written notice of the default, the CITY OF OJAI may cure the default, or, if the default cannot be reasonably cured within that time period, if the CITY OF OJAI has not commenced the cure within that time period, diligently continued to pursue that cure, and completed within one hundred eighty (180) calendar days after receipt of the notice. The VCTC may not terminate this Agreement if the CITY OF OJAI cures the default in accordance with this Section 3. If the CITY OF OJAI does not cure the default and VCTC terminates this Agreement, the CITY OF OJAI may expend Grant Funds to pay contractors for Project work satisfactorily completed through the last working day this Agreement is in effect or committed to be spent by that date.
Neither party shall have any other claim against the other party by reason of an early termination of this Agreement.
4. Changes to Agreement: This Agreement may only be amended by written agreement signed by all parties.
5. Availability of Grant Funds: The Parties understand and agree that VCTC’s obligation to allocate funds to the Project is expressly conditioned on the availability of Grant Funds. In the event that the Grant Funds are not allocated to VCTC or are otherwise canceled, terminated or unavailable, VCTC shall have no obligation to allocate funds to the Project. Under no circumstances is VCTC liable for any costs of the Project that are in excess of or ineligible for Grant Funds.
6. Notices of Notification: Any notice required to be given in writing under this Agreement, or other notifications, shall be given to the parties at the following addresses:
Martin R. Erickson, Executive Director
Ventura County Transportation Commission
751 E. Daily Drive
Camarillo, CA 93010
Ben Harvey, City Manager
City of Ojai
401 South Ventura Street
Ojai, CA 93023
Attachment A
1.e-8
79 80
EXHIBIT A
Scope of Work
The City of Ojai’s scope of work consists of three (3) project areas, as follows:
1. Capital Transit - Electric Ojai Trolley Purchase and Ojai Trolley Replacement.
The City of Ojai will be using the SB125 funds to assist in the acquisition of a replacement Trolley to allow the City to maintain its “Route A” with the purchase of a used Trolley from the City of Thousand Oaks in the amount of $37,500. This purchase occurred in the City’s 2023- 24 Fiscal Year.
Additionally, the City of Ojai is under contract with Hometown Manufacturing for the purchase of an all-electric 2025 Villager 32’ Trolley in the approximate amount of $581,025. This purchase is anticipated to occur in the 2025-26 Fiscal Year.
The City of Ojai will be purchasing an all-electric SUV during the 2024-25 Fiscal Year at the approximate cost of $64,343 to further expand the City’s all-electric fleet of passenger vehicles, further reducing the City’s greenhouse gas emissions.
2. Capital Infrastructure - Electric Battery Charging Infrastructure.
The City of Ojai will be using the SB125 funds to assist in the construction of the battery electrification infrastructure required for the City of Ojai to meet the transition to the State’s zero-emission mandate for fixed-route, ADA, and recreational transit services. The City of Ojai is proposing to implement battery electric Ojai Trolley and passenger van charging infrastructure at the City’s Public Works Yard and the City’s Recreational facility, located at 408 South Signal and 510 Park Road respectively, in the City of Ojai. These projects would install the electric vehicle-charging infrastructure necessary for the City of Ojai Transit’s transition to a battery-electric fleet of buses, paratransit vehicles, and vans. The construction will aid the City in procuring and installing the various charging units as the next phase of the EV transition is expected to cost $95,000.
3. Operational Support.
The City of Ojai will be using the SB125 funds to assist in the off-set of staffing costs, as the City in September 2024 on-boarded a permanent full time Transit Manager to manage these transportation related projects and has also allocation a portion of the Assistant City Manager’s time in the supervision of the City’s transit capital and operations. Operational support will be $100,000 across two fiscal years.
Project Capital Operations Total
FY 23-24 FY 24-25 FY 25-26 FY 23-24 FY 24-25 FY 25-26
Replacement Trolley $ 37,500 $ 37,500
New Trolley $581,025 $ 581,025
New EV SUV $ 64,343 $ 64,343
Charging Infrastructure $ 95,000 $ 95,000
Operations Support $50,000 $50,000 $ 100,000
TOTALS $ 37,500 $159,343 $581,025 $0 $50,000 $50,000 $ 877,868 Attachment A
1.e-10
81 -"UattrA
CALIFORNIA STATE TRANSPORTATION AGENCY
BUDGET ACT OF 2023
SB 125 FORMULA-BASED
TRANSIT AND INTERCITY RAIL
CAPITAL PROGRAM &
ZERO EMISSION TRANSIT
CAPITAL PROGRAM
FINAL GUIDELINES
SEPTEMBER 29, 2023
EXHIBIT B
Grant Requirements
Attachment B
1.e-11
82 September 29, 2023
SB125 FINAL GUIDELINES – FORMULAIC FUNDING
Contents
1 Authority andPurpose................................................................................................................................... 2 2 Objectives...................................................................................................................................................... 3 3 Eligible Recipients and Funding Distribution................................................................................................. 4 4 Schedule ........................................................................................................................................................ 7 5 Eligible Projects.............................................................................................................................................. 8 6 Requirements for Funding Allocations........................................................................................................ 11 7 Approval and Programming ........................................................................................................................ 20 8 ProjectDelivery and Reporting.................................................................................................................... 21 9 ProjectAdministration................................................................................................................................. 22 Attachment 1: CCI Funding Guidelines for Administering Agencies................................................................... 23 Investments to Benefit Disadvantaged Communities and Low-Income Communities and Households....... 23 Attachment 2: Quantification Methodology and Co-Benefit Assessment Methodology................................... 24 CCI Quantification and Reporting Materials................................................................................................... 24 Attachment 3: Benefit Criteria Tables ................................................................................................................ 26 CCI Benefit Criteria Tables .............................................................................................................................. 26 Attachment B
1.e-12
83 September 29, 2023
2 1 Authority andPurpose
The Transit and Intercity Rail Capital Program (TIRCP) was created by Senate Bill (SB) 862 (Chapter 36, Statutes of 2014) and modified by SB 9 (Chapter 710, Statutes of 2015), to provide grants from the Greenhouse Gas Reduction Fund (GGRF) to fund transformative capital improvements that will modernize California’s intercity, commuter, and urban rail systems, and bus and ferry transit systems, to significantly reduce emissions of greenhouse gases, vehicle miles traveled, and congestion. The legislation of these bills is codified in Sections 75220 through 75225 of the Public Resources Code (PRC). Assembly Bill (AB) 398 (Chapter 135, Statutes of 2017) extended the Cap-and-Trade Program that supports the TIRCP from 2020 through 2030. SB 1 (Chapter 5, Statutes of 2017) continues to provide a historic funding increase for transportation with funds directed to the TIRCP from the Public Transportation Account (PTA).
AB 102 (Chapter 38, Statutes of 2023) and SB 125 (Chapter 54, Statutes of 2023) amended the Budget Act of 2023 to appropriate $4,000,000,000 of General Fund to the TIRCP over the next two fiscal years as well as $910,000,000 of GGRF funding and $190,000,000 of PTA funding over the next four fiscal years to establish the Zero-Emission Transit Capital Program (ZETCP). These guidelines are specifically developed to facilitate the award of these funds to projects in an expeditious manner.
These guidelines include elements of the policy, standards, criteria, and procedures for the development, adoption, evaluation and administration of the TIRCP last updated for Cycle 6 (which delivered its last tranche of funding for project awards in July 2023) but are unique to this particular cycle of TIRCP funding. In allowing the funds covered by these guidelines to be available for operating costs, the guidelines are also required to be aligned with the legislative intent described in subdivision (d) of Section 75226 of, and subdivision (f) of Section 75260, of the Public Resources Code. They will be further informed by input received through workshops, public comments and written responses to be received by September 14, 2023.
SB 125 provided additional direction with regards to the funding appropriated in the Budget Act of 2023. It created specific categories for funding as follows:
A) $3,995,000,000 over the next two fiscal years shall be distributed pursuant to a population-based formula to regional transportation planning agencies (RTPA) as defined in Section 7 of these guidelines. The bill authorizes RTPAs to use the moneys for high-priority transit capital projects consistent with the uses allowed in Cycle 6 of the TIRCP, which includes existing projects seeking to maintain or obtain federal or local funding commitments, project development for major projects that are seeking to enter or have already entered project development with federal partners, or for new TIRCP projects. As in Cycle 6, all capital projects must both increase ridership and reduce greenhouse gas emissions, in common with traditional TIRCP project requirements. The funding may also be used to fund transit operating expenses that prevent service cuts and increase ridership for operators within the RTPAs jurisdiction, subject to compliance with requirements and further detail described in Section 6 of these guidelines.
B) $1,100,000,000 over the next four fiscal years shall be for the establishment of the Zero-Emission Transit Capital Program (ZETCP) and requires funds under the program to be allocated to RTPAs pursuant to a population-based formula and another formula based on transit operator revenues within the jurisdiction of these RTPAs, as specified (the formula described is consistent with the current State Transit Assistance formula). The bill authorizes RTPAs to use the moneys for zeroemission transit equipment, including, but not limited to, zero-emission vehicles and refueling infrastructure and, subject to compliance with requirements described in Section 6 of these guidelines, to use those moneys to fund transit operating expenditures that prevent service reduction or elimination in order to maintain or increase ridership.
NOTE: Cycle 7 of TIRCP, funded with the regular GGRF and SB1 sources, is expected to be delayed approximately two months from its regular calendar, with a call for projects around December 1, 2023 and Attachment B
1.e-13
84 September 29, 2023
3 applications due around March 1, 2024. The proposed timeline reflects eligible applicant feedback and will allow applicants to incorporate the regional choices made under SB 125 when determining what to submit to the competitive TIRCP cycle. Based on this timeline, the Program of Projects would be announced around June 1, 2024.
2 Objectives
The TIRCP was created to fund transformative capital improvements that modernize California’s intercity rail, bus (including feeder buses to intercity rail services, as well as vanpool and micro transit services that are eligible to report as public transit to the Federal Transit Administration), ferry, and rail transit systems (collectively referred to as transit services or systems inclusive of all aforementioned modes unless otherwise specified) to achieve all of the following policy objectives, as codified in Section 75220(a) of the PRC:
1. Reduce emissions of greenhouse gases
2. Expand and improve transitservice to increase ridership
3. Integrate the railservice ofthe state’s various rail operations, including integration with the high-speed rail system
4. Improve transitsafety
Additionally, Section 75221(c) of the PRC codifies a programmatic goal to provide at least 25 percent of available funding to projects that provide a direct, meaningful, and assured benefit to disadvantaged communities, consistent with the objectives of SB 535. AB 1550 provides further requirements related to ensuring investments meet the needs of priority populations, a term used to cover disadvantaged communities, low-income communities and low-income households.
Investments made by TIRCP are expected to collectively meet or exceed the requirements in AB 1550. Each RTPA will need to provide information related to its projects sufficient to determine the nature of priority population benefits; however, there is no minimum requirement that each project or RTPA needs to meet for the projects submitted.
Taken as a whole, the increases in transit system ridership, as well as the reduction in vehicle miles traveled, congestion and greenhouse gas emissions, will help deliver a healthier and safer transportation system. Investments are expected to position the state to lead in the deployment of cutting edge and zero emission technologies, test innovative strategies and new approaches to reducing transportation-related fatalities, provide important new capacity in corridors that support growth in jobs and housing, and to expand multimodal transportation access and options for all Californians across all regions of the state.
Further, as outlined in SB 125, which amended the Budget Act of 2023, it is the intent of the Legislature to:
(1) provide one-time multiyear bridge funding for transit operators to address operational costs until long-term transit sustainability solutions are identified (2) assist transit operators in preventing service cuts and increasing ridership (3) prioritize the availability of transit for riders who are transit dependent (4) prioritize transit agencies representing a significant percentage of the region’s ridership To that end, SB 125 specifies that the moneys appropriated in the Budget Act of 2023 may be used for high-priority transit capital projects within the project eligibility categories allowed under TIRCP in Cycle 6, and also for transit operating expenses for operators within the RTPAs jurisdiction.
Further detail on the definition of transit operator is included in Section 3.
Attachment B
1.e-14
85 September 29, 2023
4 3 Eligible Recipients and Funding Distribution
The first year of funding for TIRCP and the ZETCP is already available for distribution once required materials are submitted and must be fully encumbered or expended and liquidated by CalSTA by June 30, 2028. FY23-24 funds for TIRCP and the ZETCP must be disbursed to RTPAs by this deadline. Once received by the RTPA there is no deadline for the expenditure of funds.
TIRCP funding will be allocated in both FY23-24 and FY24-25 to RTPAs according to a population-based formula after each recipient first receives $300,000 of base funding.
The $410 million of first year ZETCP funding (from both PTA and GGRF sources), as well as the $230 million for each of the succeeding three years (from GGRF only), will be allocated to RTPAs pursuant to a population-based formula and another formula based on transit operator revenues within the jurisdiction of these RTPAs. This formula matches the approach used to calculate State Transit Assistance distribution.
Eligible recipients of funding are the RTPAs, as defined in Section 13987(j) of the Government Code. The current eligible recipients based on that definition and initial fund estimates by expected recipient are as follows:
A B C D E F G
RTPA Year 1 TIRCP Year 2 TIRCP Year 1 ZETCP
(53.66% GGRF,
46.34% PTA)
Years 2-4 ZETCP
(per yr, 100%
GGRF)
Grand Total
(B+C+D+(E*3))
Maximum Admin
Share
Metropolitan
Transportation
Commission
$385,068,697 $386,040,188 $149,679,519 $83,966,559 $1,172,688,081 $5,000,000 Alpine County
Transportation
Commission
$360,641 $360,794 $6,740 $3,781 $739,518 $25,000
Amador County
Transportation
Commission
$2,336,465 $2,341,606 $218,158 $122,381 $5,263,373 $52,634 Butte County
Association of
Governments
$10,488,545 $10,514,269 $1,113,156 $624,454 $23,989,331 $239,893 Calaveras County
Local
Transportation
Commission
$2,576,611 $2,582,360 $238,532 $133,811 $5,798,936 $57,989 Colusa County Local
Transportation
Commission
$1,402,047 $1,404,830 $119,153 $66,842 $3,126,556 $31,266 Del Norte County
Local
Transportation
Commission
$1,675,501 $1,678,974 $149,752 $84,007 $3,756,247 $37,562 El Dorado County
Local
Transportation
Commission
$9,085,857 $9,108,041 $971,781 $545,145 $20,801,115 $208,011 Tahoe Regional
Planning Agency
$5,753,283 $5,767,052 $596,916 $334,855 $13,121,818 $131,218 Fresno County
Council of
Governments
$51,406,113 $51,535,149 $6,249,069 $3,505,575 $119,707,058 $1,197,071 Glenn County Local
Transportation
Commission
$1,752,922 $1,756,591 $154,691 $86,778 $3,924,537 $39,245 Humboldt County
Association of
Governments
$7,130,906 $7,148,153 $825,047 $462,831 $16,492,599 $164,926 Attachment B
1.e-15
86 September 29, 2023
5 Imperial County
Transportation
Commission
$9,362,644 $9,385,526 $1,027,524 $576,416 $21,504,942 $215,049 Inyo County Local
Transportation
Commission
$1,259,080 $1,261,501 $99,284 $55,696 $2,786,952 $27,870 Kern Council of
Governments
$46,278,687 $46,394,777 $5,050,974 $2,833,473 $106,224,857 $1,062,249 Kings County
Association of
Governments
$7,982,701 $8,002,098 $827,175 $464,025 $18,204,049 $182,040 Lake County/City
Council of
Governments
$3,706,510 $3,715,111 $370,593 $207,894 $8,415,895 $84,159 Lassen County Local
Transportation
Commission
$1,829,937 $1,833,800 $165,103 $92,619 $4,106,698 $41,067 Los Angeles County
Metropolitan
Transportation
Authority
$498,650,905 $499,909,177 $119,494,973 $67,033,765 $1,319,156,350 $5,000,000 Madera County
Local
Transportation
Commission
$8,254,231 $8,274,315 $850,825 $477,292 $18,811,248 $188,112 Mariposa County
Local
Transportation
Commission
$1,161,396 $1,163,571 $91,799 $51,497 $2,571,256 $25,713 Mendocino Council
of Governments
$4,848,229 $4,859,713 $505,296 $283,459 $11,063,615 $110,636 Merced County
Association of
Governments
$14,669,424 $14,705,704 $1,558,919 $874,515 $33,557,593 $335,576 Modoc County
Local
Transportation
Commission
$739,160 $740,269 $49,336 $27,676 $1,611,794 $25,000
Mono County Local
Transportation
Commission
$976,126 $977,834 $171,629 $96,279 $2,414,427 $25,000
Transportation
Agency for
Monterey County
$22,218,449 $22,273,790 $2,975,692 $1,669,291 $52,475,803 $524,758 Nevada County
Local
Transportation
Commission
$5,416,406 $5,429,324 $554,558 $311,093 $12,333,568 $123,336 Orange County
Transportation
Authority
$160,108,526 $160,512,022 $22,473,788 $12,607,247 $380,916,076 $3,809,161 Placer County
Transportation
Planning Agency
$16,356,936 $16,397,478 $1,900,006 $1,065,857 $37,851,991 $378,520 Plumas County
Local
Transportation
Commission
$1,257,263 $1,259,680 $114,463 $64,211 $2,824,038 $28,240 Riverside County
Transportation
Commission
$123,382,700 $123,693,468 $14,828,290 $8,318,309 $286,859,385 $2,868,594 Sacramento Area
Council of
Governments
$100,321,824 $100,574,367 $13,907,018 $7,801,498 $238,207,702 $2,382,077 Council of San
Benito County
Governments
$3,609,072 $3,617,427 $348,002 $195,221 $8,160,164 $81,602 San Bernardino
County
Transportation
$110,856,746 $111,135,888 $13,864,934 $7,777,890 $259,191,238 $2,591,912 Attachment B
1.e-16
87 September 29, 2023
6 Authority
San Diego
Association of
Governments
$48,212,817 $48,333,791 $6,181,044 $3,467,415 $113,129,896 $1,131,299 San Diego
Metropolitan
Transit System
$118,515,843 $118,814,323 $17,265,263 $9,685,392 $283,651,604 $2,836,516 San Joaquin Council
of Governments
$39,935,609 $40,035,684 $5,031,810 $2,822,723 $93,471,271 $934,713 San Luis Obispo
Area Council of
Governments
$14,486,636 $14,522,455 $1,569,547 $880,477 $33,220,070 $332,201 Santa Barbara
County Association
of Governments
(SBCAG)
$22,796,994 $22,853,796 $2,916,400 $1,636,030 $53,475,278 $534,753 Santa Cruz County
Transportation
Commission
$13,771,188 $13,805,201 $2,649,968 $1,486,567 $34,686,060 $346,861 Shasta Regional
Transportation
Agency
$9,423,391 $9,446,427 $993,316 $557,226 $21,534,813 $215,348 Sierra County Local
Transportation
Commission
$463,183 $463,595 $17,533 $9,836 $973,818 $25,000
Siskiyou County
Local
Transportation
Commission
$2,515,009 $2,520,601 $239,061 $134,108 $5,676,994 $56,770 Stanislaus Council
of Governments
$28,068,044 $28,138,155 $3,037,849 $1,704,159 $64,356,526 $643,565 Tehama County
Transportation
Commission
$3,587,498 $3,595,798 $347,323 $194,840 $8,115,139 $81,151 Trinity County
Transportation
Commission
$1,109,747 $1,111,791 $86,567 $48,562 $2,453,791 $25,000 Tulare County
Association of
Governments
$24,305,505 $24,366,115 $2,748,056 $1,541,592 $56,044,453 $560,445 Tuolumne County
Transportation
Council
$3,094,210 $3,101,265 $296,569 $166,368 $6,991,148 $69,911 Ventura County
Transportation
Commission
$42,429,785 $42,536,157 $5,066,998 $2,842,463 $98,560,328 $985,603 Funding distributions will be only made to the above recipients, utilizing fund transfer instructions confirmed with CalSTA by the RTPA prior to transfer, which may in turn make funding available to public agencies in their jurisdiction. RTPAs have the discretion to suballocate or distribute funds within their region based on local needs, existing procedures, policies or priorities, as long as required SB 125 program requirements and goals are met, including addressing how operating needs are expected to be met with SB 125 and/or other resources.
For TIRCP and ZETCP capital projects, the RTPAs may distribute funding to public agencies eligible to receive TIRCP capital funding, including joint powers agencies, that operate or have planning responsibility for existing or planned regularly scheduled intercity or commuter passenger rail service (and associated feeder bus service to intercity rail services), urban rail transit service, or bus or ferry transit service (including commuter bus, vanpool, and micro transit services). Public agencies include local municipalities that operate transit service, construction authorities, transportation authorities, and other similar public entities created by statute. Please note that within such capital projects, with the exception of projects that are in the federal pipeline for major projects project development, the projects funded must result in Attachment B
1.e-17
88 September 29, 2023
7 construction being completed, as is required under traditional TIRCP funding.
For any spending on transit operations to prevent service reduction or elimination in order to maintain or increase ridership, or to otherwise increase ridership, the RTPAs may distribute funding to transit operators in their jurisdiction that are eligible to receive State Transit Assistance (STA) funding through Section 99314 at the time of distribution by the RTPA. Please note that preventing service reduction and elimination includes the broad variety of expenses required to provide service, including those related to ensuring safety and state of good repair of the vehicles and infrastructure.
RTPAs may also be the sponsor of capital and operating projects and may partner on projects with the agencies eligible to receive funding (such as doing a planning effort tied to making the underlying project more beneficial in a regional context upon implementation).
RTPAs must deposit funds into one or more dedicated bank accounts or custody accounts. Permitted investments include bank demand deposits consistent with California government code, government money market funds, U.S. Treasuries, U.S. Agency securities, California Local Agency Investment Fund (LAIF), and AAA public agency pools, to the extent permitted by RTPA policy and state statute. If a separate account is not possible, the agency may show documents of a line item or subaccount dedicated to SB 125 funds. Funds will be disbursed separately from each fund source supporting SB 125 (General Fund for TIRCP; PTA and GGRF for ZETCP) and identified as such when disbursed. RTPAs are responsible for tracking the receipt and utilization of these funds separately, and recording interest earned (or other investment income earned) on each fund source separately. The interest or investment earnings must also be spent on approved eligible projects within each program and will be accounted for when an agency submits its required Annual Report, as described in Section 9. When the recipient agency submits its Annual Report, they are required to submit a copy of their most recent bank statement. The additional spending made possible by interest or investment earnings shall be approved through submitting an Updated Program Allocation Request to CalSTA, which will approve such spending based on review of project eligibility.
RTPAs, transit operators and other public agencies expending SB 125 formula funding assume responsibility and accountability for the use and expenditure of allocated funds in accordance with these guidelines and applicable statutes. These agencies must also comply with all relevant federal and state laws, regulations, policies, and procedures.
4 Schedule
CalSTA Publishes 2023 SB 125 Guidelines September 29, 2023 Optional, time-limited, focused virtual meetings for agencies to discuss and clarify program requirements (will be scheduled by request)*
Initial Allocation Package Submittal Due
October 16-December 8, 2023
December 31, 2023
Regionally Compiled Transit Operator Data Due
Requested Funding Will be Allocated No Later Than
December 31, 2023
April 30, 2024
*Comments and requests for meetings can be submitted to:
[email protected]
Attachment B
1.e-18
89 September 29, 2023
8 5 Eligible Projects
TIRCP Funding ($3.995 billion)
In orderto be eligible for TIRCP capital project funding under this program, a capital project must demonstrate that it will achieve a reduction in greenhouse gas emissions using the relevant sections of the ZETCP Quantification Methodology. It must also demonstrate an increase in ridership.
As codified in Section 75221(a) of the PRC, projects eligible for funding under the program include, but are not limited to, the following:
1. Rail capital projects, including intercity rail, commuter rail, light rail, and other fixed guideway projects. Additionally, the acquisition of rail cars and locomotives, and the facilities to supportthem, that expand, enhance, and/or improve existing rail systems and connectivity to existing and future transit systems, including the high‐speed railsystem.
2. Intercity, commuter, and urban rail projects that increase service levels, improve reliability, or decrease travel times, infrastructure access payments to host railroads in lieu of capital investments, efforts to improve existing rail service effectiveness with a focus on improved operating agreements, schedules, and minor capital investments that are expected to generate increased ridership, as well as larger scale projects designed to achieve significantly larger benefits.
3. Rail, bus, and ferry integration implementation, including:
a. integrated ticketing and scheduling systems and related software/hardware capital investments (including, but not limited to, integration with bus or ferry operators and the use of contactless payment and General Transit Feed Specification (GTFS) implementation through Cal-ITP)
b. projects enabling or enhancing shared‐use corridors(bothmulti‐operator passenger only corridors as well as passenger‐freight corridors)
c. related planning efforts focused on, but not limited to, delivery of integrated service not requiring major capital investment, such as transit route and schedule integration (or coordination)
d. other multimodal and service integrationinitiatives, including active transportation and other access investments which increase transit and rail ridership and reduce greenhouse gas emissions
4. Bus rapid transit and other bus and ferry transit investments(including autonomous fixed guideway, vanpool, and microtransit services operated as public transit and first-/last-mile solutions), and to increase ridership and reduce greenhouse gas emissions. This includes large scale deployment of zero emission vehicles and the technologies to support them, and capital investments as a component implementing transit effectiveness studies that will contribute to restructured and enhancedservice.
Grade separations and grade crossing improvements on passenger rail corridors or related to transit projects are eligible, as they are under the discretionary TIRCP. In addition to providing safety benefits, these projects often provide certain roadway based (and sometimes rail related) greenhouse gas emission reductions and a small increase in ridership (tied to reductions in train delays and cancellations tied to incidents at the crossing, and sometimes speed increases that occur after crossings are improved or eliminated). In some cases, ridership increases from such projects are more significant if they are necessary to increase train frequency.
Projects related to mitigating the impacts on freight rail services that are caused by growth in passenger rail may also be eligible for TIRCP funding even if they are not directly on the passenger rail corridor.
Projects that link housing with key destinations and that improve accessibility to economic opportunities are also eligible for TIRCP funding.
Demonstration projects that are smaller‐scale efforts with great potential to be expanded are eligible for Attachment B
1.e-19
90 September 29, 2023
9 funding.
Projects may include new approaches to attracting increased ridership such as smart phone mobile ticketing, contactless payment, or other software and hardware solutions to reduce ticketing transaction costs, or a test of a concept related to integrated ticketing, as well as intercity rail/transit effectiveness or operational planning as a component of the capital investments in improved, expanded and/or restructured service designed to cost‐effectively increase ridership. Research, development, and testing of emerging technologies are eligible components. Clean fleet, facility and network improvement projects may also request funding for Zero Emission Mobility Programs, in lieu of Zero Emission Vehicle purchase, in compliance with Innovative Clean Transit Regulation Section 2023.5.
Many TIRCP applicants have met the requirements for reducing greenhouse gas emissions and increasing ridership through combining related capital investments that may individually address only one or the other benefit. Many TIRCP applicants have also augmented their chosen capital projects with key network integration planning studies that consider how to enhance the benefits of their projects (in connecting to other transit and rail systems), or planning efforts that consider a later phase of capital investment and the benefits it will bring to the current proposed project when constructed at a later date.
Agencies may apply to TIRCP Cycle 7 or later for projects that use SB 125 resources for new projects, either to complete project funding or to expand project scope; SB 125 funding will be counted as matching funds in future TIRCP discretionary grant applications. Additional guidance will be provided in the TIRCP Cycle 7 guidelines.
Additionally, RTPAs may suballocate funds to agencies in their jurisdiction so agencies may use this funding to support projects that have previously received a TIRCP award and require an additional infusion of resources to deliver the original scope. RTPAs may also allocate funding to any project awarded funds in Cycle 6 that pledged to use future TIRCP formula funds as match, in accordance with the direction provided in the Cycle 6 guidelines. RTPAs may assume that any funding from these SB 125 resources will help obtain or maintain funds from federal, state and local sources already committed to the projects, and document this benefit for their own projects, and require such documentation of benefits from project sponsors for other projects, in their Allocation Package submissions. Agencies shall state which project is seeking additional funds, identifying the Cycle 1 through 6 project, and whether the funding is needed for the full project scope or for a subcomponent.
RTPAs may suballocate funds to agencies in their jurisdiction so agencies may also use this funding for project development activities, similar to the “Major Projects Project Development Reserve” that was established in the Cycle 6 guidelines, including use of additional funding for projects that received funding for such projects in the Cycle 6 awards. While projects and programs of projects do not need to be ready for construction, agencies should identify how their project or program of projects will be eligible to apply for TIRCP construction funding in the future and what specific federal, state and other funding programs they are planning to utilize for construction funding. As in Cycle 6, such projects must either be pursuing Capital Investment Grant funding through the Federal Transit Administration (FTA) or be parht of the pursuit of Federal Railroad Administration funding through the Corridor Identification Program. Projects not pursuing federal funds for construction from FTA or planning to pursue FRA capital funding for construction through one of the Bipartisan Infrastructure Law programs are not eligible. Agencies may apply to TIRCP Cycle 7 or later for projects that use SB 125 resources for project development; SB 125 funding will be counted as matching funds in future TIRCP discretionary grant applications.
RTPAs that are themselves the capital project sponsor may also utilize funds for their own projects.
RTPAs are also authorized to use TIRCP moneys, subject to compliance with requirements described in Section 6 of these guidelines, to fund transit operating expenses within its jurisdiction that prevent service cuts and increase ridership, including those related to ensuring safety and state of good repair of the vehicles and infrastructure necessary to operate service, as well as those that pay for free and reduced fare programs. Planning expenses related to implementation of ridership recovery and retention strategies are also eligible as operating projects, whether at the Attachment B
1.e-20
91 September 29, 2023
10 RTPA or STA-eligible transit operator level. RTPAs that are themselves the operator of transit services may also utilize funds for their own operations. Service planning necessary to experiment with, demonstrate or implement significant service modifications may be funded as an operating expenditure at either the RTPA or transit operator level.
ZETCP Funding ($1.1 billion)
Pursuant to SB 125, zero-emission transit equipment, transit facility and network improvement projects such as those that support replacing aging vehicle fleets with Zero-Emission Vehicles (ZEVs), and associated fueling or charging infrastructure or facility modifications, are eligible projects for the Zero-Emission Transit Capital Program (ZETCP). ZEVs include heavy- and light-rail vehicles, buses, and other ZEVs used for transit service. Clean fleet, facility and network improvement projects may also request funding for Zero Emission Mobility Programs, in lieu of Zero Emission Vehicle purchase, in compliance with Innovative Clean Transit Regulation Section 2023.5.
GGRF funds used on these projects (53.7% of the first year and 100% of years 2-4) will require submission of information described in the ZETCP Quantification Methodology, as expending GGRF funds requires benefits reporting. They also require compliance with the CARB Funding Guidelines applicable to all GGRF funding, including semi-annual benefits reporting and identification of benefits to priority populations.
ZETCP funding may also be used for transit operations expenditures that prevent service reduction or elimination in order to maintain or increase transit ridership, in accordance with the provisions described in Section 6 of these guidelines, including those related to ensuring safety and state of good repair of the vehicles and infrastructure necessary to operate service, as well as those that pay for free and reduced fare programs. Planning efforts necessary to implement one or more of the Innovative Clean Transit Plan efforts within the region, and planning expenses related to implementation of ridership recovery and retention strategies, may be programmed as an operating expense out of the PTA portion of funds disbursed to each RTPA, but must be requested in an Allocation Package submission covering the FY23-24 funding year.
A maximum of 1% of total multi-year SB 125 funding, or $5 million, whichever is lower, may be programmed by the RTPA for RTPA administration of SB 125 funding across both the TIRCP and ZETCP, and for planning expenses related to preparing and implementing the initial short-term financial plan, updates to the short-term financial plan, and the long-term financial plan, including planning expenses related to implementation of ridership recovery and retention strategies. If less than $25,000 would be available under this formula, a maximum of $25,000 shall be available to such RTPAs for RTPA administration and planning expenses. As the RTPAs are tasked with developing the regional long-term financial plan for their jurisdictions, there is no requirement to program and suballocate funds to transit operators for this purpose, although they may do so at their discretion. The RTPAs can procure professional services or use their own staff to gather the reports, data and relevant information needed to develop the regional longterm financial plan required by SB 125. This request must be made in the Allocation Package submissions covering FY 23-24 funding from the ZETCP due on December 31, 2023, as an operating project associated with the RTPA, as most funding will be drawn from the Public Transportation Account resources only available in that year. If included in the December 31, 2023 submission, funds may be applied to expenses incurred at any point in the RTPAs FY23-24 fiscal year, including those incurred prior to receipt of funding, subject to RTPA policies that allow such reimbursement. Very small RTPAs may be directed by CalSTA to program the balance of funding from 1st year General Fund resources available under TIRCP if there are insufficient PTA funds available to meet their requested administrative funding amount. Small RTPAs are encouraged to combine planning efforts if feasible. Should RTPAs be part of project-specific project management, resources required for those efforts are to be separately identified as part of the funding requested for each project, as appropriate.
Attachment B
1.e-21
92 September 29, 2023
11 6 Requirements for Funding Allocations
Each RTPA seeking allocation of funding shall complete an Initial Allocation Package by December 31, 2023. Allocation Packages are encouraged to describe the full four-year plan for use of formulaic funds if already known, understanding that each year’s funds are subject to appropriation in the respective budget year. However, Allocation Packages are expected to be updated for future years should there be any change in funding availability or projects selected for funding distribution. Allocation packages will be treated in accordance with Public Records Act requirements and certain information, subject to those requirements, may be publicly disclosed.
Each Allocation Package shall include, as applicable, the following:
A. A signed cover letter, with signature authorizing and approving the request by the eligible RTPA.
This cover letter should also confirm that the RTPA developed the plan in consultation and coordination with its transit operators.
B. An Allocation Package Narrative Explanation, covering most of the requirements for the regional short-term financial plan for immediate service retention required by statue. This narrative explanation is required by December 31, 2023, unless the RTPA declares that none of the STAeligible transit operators eligible to receive funding within their jurisdiction will have an operational funding need for SB 125 or additional discretionary or nonformula state funding between the 2023- 24 fiscal year and the 2026-27 fiscal year, inclusive. It also must declare that it will not use the SB 125 funding as operating funding for any of its STA-eligible transit operators (or its own transit operations, when the RTPA also operates transit service). Such declarations may take the place of the narrative explanation, if applicable. Even if such declarations are made, the regional Allocation Package Narrative Explanation will still be a required submission by December 31, 2024, in order to receive a timely allocation of FY24-25 funding from SB 125 sources.
The Allocation Package Narrative Explanation shall include the following:
i. An explanation of what funding and service actions are being taken within the region that utilize resources other than SB125 funding. This explanation incorporates the requirement to provide a demonstration of how the region will address any operational deficit, using all available funds, through the 2025–26 fiscal year, based on a 2022 service baseline. Each plan shall provide narrative and data describing the funding approach that addresses expected operational deficits of existing STA-eligible transit operators through the 2025-26 fiscal year across all the region’s STA-eligible transit operators, including strategies to use all available local, state, and federal funds to address such deficits, and the impacts such strategies may have on any capital projects. This section shall focus on the approaches the region is taking and plans to take before the use of SB 125 funds to mitigate operational deficits, both in calendar year 2023 and in future fiscal years through the end of FY25-26. When applicable, this should include reference to delay or elimination of lower priority capital projects to increase funding for operations, utilizing historically high State Transit Assistance funding tied to recent high diesel fuel prices, the use of federal transit formula funding made higher through the Infrastructure Investment and Jobs Act (IIJA) for preventative maintenance expenditures within the operating budget, or the use of higher Local Transportation Fund revenues tied to healthy sales and use tax receipts in certain counties. In some cases, strategies involving the use of non-SB 125 funds to increase transit operator funding may allow SB 125 funds to target capital needs. If utilized, such strategies should be described in this section. To the extent that such deficits cannot be fully addressed with available funds and actions, service impacts relative to the December 31, 2022 service baseline shall be described. This section shall be analyzed and reviewed for completeness. It is understood to be a summary of major Attachment B
1.e-22
93 September 29, 2023
12 actions taken and planned to be taken across the region based on RTPA and/or transit operator decision-making.
ii. A description and justification of the RTPA strategy to use SB 125 funding to construct capital projects and fund operating expenses that lead to improved outcomes in its jurisdiction. This section shall describe the region’s overall strategy for choosing to spend the expected SB 125 funds on the capital projects and operational expenses described in its Allocation Package. This section addresses the statutory requirements to provide a justification for how the region’s funding is proposed to be allocated to capital and operational expenses and provide a demonstration of how the plan will mitigate service cuts, fare increases, or layoffs relative to a 2022 service baseline to achieve short-term financial sustainability. This section shall highlight the specific manner in which SB 125 funding requested for operations will reduce or eliminate the need for service cuts, fare increases or layoffs. With recent positive results from efforts designed to increase speed of transit services, allowing similar levels of service with lower operating costs or more service with the same operating budget, this section of the Allocation Package would benefit from describing any such efforts that are proposed for the region and transit operators in question. This can include transit-specific infrastructure, stop consolidation, or other efforts. In addition, this description addresses the statutory requirement to provide a summary of how the plan will support ridership improvement strategies that focus on riders, such as coordinating schedules and ease of payment and improving cleanliness and safety, to improve the ridership experience. Since increasing ridership and the associated fare revenues is one approach to strengthening the financial performance of each region’s transit operators, this section shall highlight any portion of the capital projects or any portion of operating funds that are specifically focused on supporting improvement in ridership. This section should also describe any efforts to integrate fares among transit agencies in the region or even outside of the region covered by the RTPA.
This section shall be analyzed and reviewed for completeness. iii. A detailed breakdown and justification for how the funding is proposed to be distributed between transit operators and among projects, consistent with the legislative intent described in SB 125. This section shall include a narrative (and appropriate data and tables) describing the justification for the funding distribution to each specific operator and project that is requested. If requesting spending for transit operations, this section shall address the following items identified in the legislative intent language in SB 125:
1. address operational costs until long-term transit sustainability solutions are identified
2. assist transit operators in preventing service cuts and increasing ridership
3. prioritize the availability of transit for riders who are transit dependent
4. prioritize transit agencies representing a significant percentage of the region’s ridership
If requesting funding for both capital projects and transit operations, the justification for the capital project shall include discussion of the high-priority nature of the capital project and the significance of its completion to the region. In most cases, existing TIRCP-funded capital projects that are already substantially funded and in need of additional resources for completion are expected to be prioritized over beginning new projects. This narrative section should address the approach to this issue. This section shall be analyzed and reviewed for completeness.
Attachment B
1.e-23
94 September 29, 2023
13 C. An Allocation Package Detailed Project Description, required of all agencies requesting an allocation, regardless of whether they are required to submit a short-term financial plan by the end of 2023. This detailed project description covers all projects that are recommended by the RTPA for SB 125 funding. It does not need to fully utilize all available funds, as this document may be updated on a rolling basis throughout the period covered by SB125 funding as part of an Updated Allocation Package submission. However, for timely distribution of FY23-24 funds, this portion of the Allocation Package must be submitted by December 31, 2023, and for timely distribution of FY24-25 funds, by December 31, 2024.
The detailed project description described above must provide details about how the funding is proposed to be distributed between transit operators and among projects, both capital and operations. This section shall be analyzed and reviewed for project eligibility and completeness.
The list is divided into three sections, covering TIRCP Capital, ZETCP Capital and Operations Funding.
Required contents for each are below.
TIRCP Capital
1. If an agency is requesting allocations for funding for an existing TIRCP project (i.e., a project that has received a previous TIRCP grant, including those involving project development for major projects), they should identify the title of the project and the TIRCP cycle of award (cycles 1-6). They should also identify whether the funds will be used for the full project or for a subcomponent. Each project receiving additional funding shall identify the reason for additional funds being needed, including cost escalation, additional scope requirements or maintaining federal funding commitments. No additional GHG reduction or increased ridership benefits are required to request funds for an existing TIRCP project.
2. If an agency is requesting allocation for funding for new TIRCP-eligible projects, they shall include for each requested TIRCP capital project:
a. A summary or fact sheet (one- to two-page) that includes the following elements:
i. Implementing agency or agencies
ii. Project title
iii. Dates for the start and end of each project phase
iv. Summary of project scope
v. Total project costs, including identification of the amount of funding used for project management as budgeted for the agency or agencies involved (inclusive of RTPA project management)
vi. Identification of the source, type and amount of all funding b. A detailed project schedule, including the project’s current status, and the completion dates of all major delivery milestones.
c. Project Location – provide a map for each of the following:
i. Project location denoting the project site. Provide a KML file for the project with the transit route/project location represented by lines and stops represented by points as applicable.
ii. In addition to showing where housing exists, provide information on housing density and planned/zoned/permitted/etc. housing density. This information may come from planning documents and/or zoning code if other approaches are not readily available.
Attachment B
1.e-24
95 September 29, 2023
14 iii. In addition to illustrating existing employment centers, provide information on employment density, mix of employment types, and planned future employment land uses. This information may come from planning documents and/or zoning code if other approaches are not readily available. iv. Planned and existing active transportation infrastructure (what currently exists, what is planned, and what would be funded by the project. d. An explanation of greenhouse gas reducing features of the project such as project components that improve air quality and reduce greenhouse gas emissions along a specific corridor, surrounding land use density, housing and employment centers, transit- oriented development/sustainable communities strategy projects, active transportation infrastructure and other features, to the extent available. For all construction projects, agencies are required to submit a copy of the California Air Resources Board (CARB) Quantification Methodologies (QMs) and Calculator Tools for estimating greenhouse gas (GHG) emission reductions and co-benefits identified in Attachment 2.
e. An explanation of expected ridership benefits of the project when constructed, including how the project supports better integration of transit services in the region among modes and providers if applicable.
f. If applicable, an explanation of how some or all of the project is expected to provide direct, meaningful, and assured benefits to a disadvantaged community, low-income communities or low-income households as defined by SB 535 and AB 1550.
3. If agencies plan to use this funding for only project development activities for a new project, they are required to show how their project or program of projects will be eligible to apply for TIRCP construction funding in the future. If the project would not be eligible to apply for TIRCP as a new project, it will not qualify for funding for project development. Agencies shall also demonstrate that they have entered into, or have applied to enter into, federal project development processes for at least a portion of the project or program of projects, and that they expect to receive federal funding in the future once complete with project development.
If the agency expects to be able to leverage state funding to provide the match necessary to obtain federal planning funds, this should also be identified. The required detail for project development only is as follows:
a. A summary or fact sheet (one- to two-page) that includes the following elements:
i. Implementing agency or agencies
ii. Project title
iii. Dates for the start and end of each project development phase, as well as the anticipated date of construction
iv. Summary of overall project scope for the constructed project, with an emphasis on project development scope
v. Total project costs for project development, and an estimate of the fully constructed project cost if available
vi. Identification of the source, type and amount of all funding for the project development phase and intended funding for the construction phase b. A detailed project schedule for the project development phase, including the project’s current status, and the completion dates of all major delivery milestones. c. Description and map designating the project location Attachment B
1.e-25
96 September 29, 2023
15 d. An explanation of greenhouse gas reducing features of the project such as project components that improve air quality and reduce greenhouse gas emissions along a specific corridor, surrounding land use density, housing and employment centers, transit- oriented development/sustainable communities strategy projects, active transportation infrastructure and other features, to the extent available. No GHG emissions reduction quantification is required, but can be acknowledged, if available. e. An explanation of expected ridership benefits of the project when constructed, including how the project supports better integration of transit services in the region among modes and providers if applicable.
f. If applicable, an explanation of how some or all of the project is expected to provide direct, meaningful, and assured benefits to a disadvantaged community, low-income communities or low-income households as defined by SB 535 and AB 1550.
ZETCP Capital
If an agency is requesting allocation for funding for ZETCP capital projects, they shall include for each requested ZETCP capital project:
a. A summary or fact sheet (one- to two-page) that includes the following elements:
i. Implementing agency or agencies
ii. Project title
iii. Dates for the start and end of each project phase
iv. Summary of project scope
v. Total project costs, including identification of the amount of funding used for project management as budgeted for the agency or agencies involved (inclusive of RTPA project management)
vi. Identification of the source, type and amount of all funding b. A detailed project schedule, including the project’s current status, and the completion dates of all major delivery milestones.
c. Project Location – provide a map for each of the following, where relevant:
i. Project location denoting the project site. Provide a KML file showing project location(s) and impacted transit lines.
ii. In addition to showing where housing exists, provide information on housing density and planned/zoned/permitted/etc. housing density. This information may come from planning documents and/or zoning code if other approaches are not readily available.
iii. In addition to illustrating existing employment centers, provide information on employment density, mix of employment types, and planned future employment land uses. This information may come from planning documents and/or zoning code if other approaches are not readily available. iv. Planned and existing active transportation infrastructure. d. An explanation of greenhouse gas reducing features of the project. For all construction projects, agencies are required to submit a copy of the California Air Resources Board (CARB) Quantification Methodologies (QMs) and Calculator Tools for estimating greenhouse gas (GHG) emission reductions and co-benefits identified in Attachment 2. e. At the time of the Allocation Package submission, applicants are required to submit a job co-benefit modeling tool, which is based upon a co-benefit assessment methodology Attachment B
1.e-26
97 September 29, 2023
16 developed by CARB. This tool can be found here:
https://ww2.arb.ca.gov/resources/documents/cci-methodologies f. An explanation of how some or all of the project is expected to provide direct, meaningful, and assured benefits to a disadvantaged community, low-income communities or lowincome households as defined by SB 535 and AB 1550. Agencies must evaluate the criteria detailed by CARB (see Attachment 1) and complete the CARB benefit criteria table in Attachment 3, to determine whether the project meets criteria for providing direct, meaningful, and assured benefits to a disadvantaged community, low‐income community, and/or low‐ income households and address a community need pursuant the CARB’s Funding Guidelines, and document the manner in which all or part of the project does so. If an agency plans to engage in additional efforts to consult with disadvantaged or lowincome stakeholders as part of project development, a specific task and budget for the proposed activities should be included in the project application. i. It is a goal of programs using GGRF resources to maximize benefits to disadvantaged communities and low-income communities and households.
Pursuant to the requirements of SB 535, as amended by AB 1550, the overall California Climate Investments Program funded with Cap‐and‐Trade auction proceeds must result in: (1) a minimum of 25% of the available moneys in the GGRF to projects located within, and benefiting individuals living in, disadvantaged communities, (2) an additional minimum of 5% to projects that benefit low‐income households or to projects located within, and benefiting individuals living in, low‐ income communities located anywhere in the state, and (3) an additional minimum of 5% either to projects that benefit low‐income households that are outside of, but within a 1/2 mile of, disadvantaged communities, or to projects located within the boundaries of, and benefiting individuals living in, low‐income communities that are outside of, but within a 1/2 mile of, disadvantaged communities. ii. Information on California Climate Investments to Benefit Disadvantaged Communities with background on SB 535, AB 1550 and the CalEPA California Communities Environmental Health Screening Tool 4.0 (CalEnviroScreen), can be found at: https://calepa.ca.gov/EnvJustice/GHGInvest/
g. Identification of whether the entire project, or only certain components, address AB 1550 benefits, and identification of the portion of the budget related to those components.
h. An explanation of expected ridership benefits of the project when constructed, if any.
Transit Operations Funding
If an agency is requesting an allocation of funding for transit operations for one or more of the STAeligible transit operators in its jurisdiction, it shall include the following information for each operator covered by its request:
1. Name of Transit Operator
2. 2022-23 Ridership for the Operator and Operator’s Percent of Region’s Total Ridership
3. Amount of Funding Requested, by source (TIRCP or ZETCP) and Budget Year
4. List of Specific Activities Funded by the Request, quantified where possible:
a. Amount of service being paid for by the additional funding expressed in both revenue service hours and by nature of service retention, restoration or increase invested in (e.g. preventing a reduction in frequency on one or more routes (or systemwide), frequency increases on particular routes or launch of new routes made possible by the funds). Costs involved in maintaining current Attachment B
1.e-27
98 September 29, 2023
17 operations may include those necessary for ensuring safety and state of good repair of the vehicles and infrastructure necessary to operate service and shall be identified with respect to the current service level they are protecting. In some regions, a different STA-eligible operator may be better able to implement increased or restored service levels than the original operator. This flexibility is allowed and should be noted in the project description when utilized.
b. Identification of operating expenses invested in increased safety and security measures
c. Identification of operating expenses that are intended to increase ridership, including those that fund actions to improve coordination of routes and schedules
5. Identification of benefits to transit dependent riders of activities funded by the request D. A summary Excel table including the proposed uses of TIRCP and ZETCP funds by fiscal year of availability, up to the levels presented in Section 3 above. Uses shall be subdivided between funding for capital projects and funding for operations expenses, with each project and its implementing agency specifically identified, and each operator that will receive operations funding also specifically identified. An Excel template to be used in submitting this required information will be available on the CalSTA website within the Subject Area page dedicated to SB125 Funding. This table should contain data that matches the information submitted in the Allocation Package Detailed Project Description. The data table shall indicate the funding year from which funds are encumbered to the project or operating expense by the RTPA. Actual expenditure of funds may be in that year or a future year, as necessary for the project or operation.
E. Agencies must also submit regionally representative transit operator data in coordination with transit operators providing service within the jurisdiction of the regional transportation planning agency. Regionally representative operator data is expected to include all State Transit Assistancereceiving agencies that are also direct reporters to the National Transit Database (NTD), as well as any additional agencies that are expected to receive either operating or capital project funding from the SB 125 funds. Exceptions are noted below. This data collection is aligned with some of the expected data needs for the Transit Transformation Task Force. For agencies to receive an allocation of funds in the 2023-24 fiscal year, the transit operator data must be submitted by December 31, 2023. CalSTA and Caltrans will review the data submissions for completeness, understanding the quality of the data may vary between operators. RTPAs are not required to confirm the data accuracy compiled from their transit operators. If the transit operator data does not meet the following requirements or is incomplete, agencies will have an opportunity to remedy their submission and receive access to the funding after the requirements are met, by no later than April 30, 2024. The regionally representative transit operator data shall include, but is not limited to:
i. Existing fleet and asset management plans by transit operators. Innovative Clean Transit Plan developed for CARB will be considered an already-responsive component of this requirement. Operators that are required to submit Asset Information Module data to the FTA’s National Transit Database (whether on their own or as part of a group plan) should confirm the last time period for which data was submitted, and whether they submitted their data as part of a group plan. If such data is already submitted to the NTD by Caltrans, the most recent submission should be noted and referenced. If the STA-eligible transit operators within an RTPA’s jurisdiction have operator-specific fleet and/or asset management plans developed for their own management purposes, or for compliance with FTA Capital Investment Program requirements, the most recent version of such plans should be submitted.
Attachment B
1.e-28
99 September 29, 2023
18 ii. Revenue collection methods and annual costs involved in collecting revenue for each transit operator and regional transportation planning agency involved, by payment instrument. The methods (payment instruments) of revenue collection should be noted and described for all operators covered by the data submission requirements, including reference to use of cash fareboxes, transit passes and tickets available for sale at different locations and in different media, use of mobile ticketing and/or use of smart cards or contactless payment. Information on revenue collection costs shall also be submitted for those operators or regional agencies that are able to identify specific costs in their operating or capital budgets associated with such revenue collection costs. Annual cost should be related to annual revenue for each STA-eligible transit operator that has relevant data to report. For operators that have no identifiable expenses and are not NTD reporters, fare revenues shall still be submitted for the most recent fiscal year in question. For regional agencies that have revenue collection costs without collecting fare revenues directly, the revenue collection costs should be reported by payment instrument, along with an indication of which operators are served by such revenue collection efforts.
1. The dataset shall include, for each transit operator or regional transportation planning agency involved in revenue collection (as applicable):
a. Total cost of revenue collection and total revenue collected for the most recent fiscal year
b. Cost of revenue collection by payment instrument (where available, even if only for certain instruments and not all) and total revenue collected by those same payment instruments, for the most recent fiscal year.
2. Planned capital costs related to fare collection in the next 4 years, if any are planned (including those within expected transit vehicle or other procurements).
iii. A statement of existing service plan and planned service changes through the end of 2023-24, and schedule data in General Transit Feed Specification (GTFS) format.
The goal of this data submission is to provide up to date representation of schedules by transit operator. Nearly all transit agencies of the state are providing their data in GTFS format on a regular basis, and are required to start doing so by FTA regulations by 2024. Such data is already visible to the public and to state agencies as indicated below. Compliance with these statutory requirements may be met by each operator confirming that their current schedule data is correct (an accurate representation of the service that the customer will see in operation), and that future service changes will be translated into an updated GTFS format on a timely basis. If a service change is planned during FY 23-24, an estimated date for submission of GTFS data should be indicated.
A brief summary of the existing service plan and changes to the levels of service planned by operator, at a level that is representative of the larger planned changes but does not need to cover minor changes, shall accompany the allocation package.
Major frequency changes, or addition or discontinuance of routes, should be reflected, but not minor routing or scheduling changes. In addition, changes in total amount of revenue service hours planned for this current fiscal year shall be reported, along with the timeframe for such a change.
1. Existing service is assumed to have been described in the agencies most recent GTFS feed / GTFS Realtime feed. A list of agencies and associated Attachment B
1.e-29
100
September 29, 2023
19 feeds can be found at https://data.ca.gov/dataset/cal-itp-gtfs-ingestpipeline-dataset/resource/e4ca5bd4-e9ce-40aa-a58a-3a6d78b042bd. If this is in error, please contact [email protected]. More general information specific to reporting in GTFS may be found at https://dot.ca.gov/calitp/california-minimum-general-transit-feed-specification-gtfs-guidelines.
2. For the proposed service plan, the ideal format is a GTFS feed, representing, at a minimum, proposed weekday, Saturday and Sunday service, planned scenario. Otherwise, we will accept frequency or new line-based changes. (i.e., line X goes from every 20 minutes to every 10 minutes during peak periods, defined as 6am-9am and 4pm to 7pm).
3. The phasing plan for any proposed service changes.
iv. Expenditures on security and safety measures. This data should be submitted by those agencies that have current or changed levels of expenditure that are specific to security (including cybersecurity) and safety measures, if applicable to the agency or operators covered by the report. This information is expected to highlight those regions and agencies that are expending significant funding, in order to consider this in the context of the Transit Transformation Task Force and to consider the role such spending may play in restoring and increasing ridership. Not all agencies and operators are expected to have specific data in this area. v. Opportunities for service restructuring, eliminating service redundancies, and improving coordination amongst transit operators, including, but not limited to, consolidation of agencies or reevaluation of network management and governance structure. RTPAs with efforts involving these activities across their region or involving specific operators shall provide a summary of the opportunities they are pursuing or have acted upon, including any reports on such opportunities.
Technical assistance in addressing the required contents of the Initial Allocation Package and any future updates may be requested by emailing the SB 125 e-mail address at [email protected].
Assistance may be provided by CalSTA, Caltrans or CARB, depending on the nature of the specific question.
Applicants are reminded that while initial allocation packages are due by December 31, 2023, they may submit updates to such packages on a rolling basis that CalSTA anticipates reviewing on a 30- to 60-day timeline for approval of additional allocations of funding, up to the limit available for the RTPA at the relevant point in the program.
RTPAs are also required to make publicly available (i.e., posted online) a summary of monthly ridership data, consistent with the data submitted to the FTA’s NTD, from all its transit operators and should cover the time period starting on July 1, 2022, through at least June 30, 2028. The monthly reports should include ridership data for each mode of public transportation service that the agency operates. This information will provide the public with monthly trends in ridership and service supplied throughout the year, and also allow for a comparison of ridership recovery compared to this same time last year.
Caltrans will provide all RTPAs with a summary report each month that meets the requirements of this statutory provision, drawn from the data reported to the National Transit Database. The data will be drawn from the NTD at: Complete Monthly Ridership (with adjustments and estimates) | FTA (dot.gov).
RTPAs are required to post a link to this report and data in a manner easily accessed by the public, so that ridership trends within their region can be easily reviewed, in order to receive approval for their allocation packages. For RTPAs with transit operators who do not report monthly data to the NTD, Caltrans will include the most recent annual ridership numbers provided to the NTD. RTPAs may publish Attachment B
1.e-30
101
September 29, 2023
20 additional ridership data for agencies that do not report monthly to the NTD at their discretion, in order to allow public understanding of the changes in ridership experienced over the SB 125 funding time period.
Unrelated to the Allocation Package submissions, agencies are required to submit and receive approval of a one-time, long-term financial plan by June 30, 2026, that addresses the approach to sustain the region’s transit operations absent additional discretionary or nonformula state funding to maintain eligibility for future TIRCP funding in the 2026-27 fiscal year and beyond. This plan will be analyzed and reviewed for completeness.
Each long-term financial plan shall include, but is not limited to:
I. Demonstration of the implementation of ridership retention and recovery strategies, including, but not limited to, policies that prioritize safety and cleanliness and streamlined coordination between transit operators, such as schedule coordination, reduced boarding times, operational management, and site sharing, to improve rider experience.
II. A five-year forecast of operating funding requirements with detail on all sources of funding proposed for operations, including any new local and regional funding sources being pursued and the progress and improvements implemented since the last submitted regional short-term financial plan.
Technical assistance as it relates to the development of long-term financial plans may be offered from CalSTA and/or Caltrans. RTPAs are expected to utilize existing plans and documents that address the requirements of the long-term financial plan where possible, including the use of supplemental materials or addenda that address the long-term plan requirements and reference back to their existing plans as applicable. CalSTA analysis and review for completeness will only extend to content required by the provision of SB 125. Additional guidance will be developed and articulated in future updates to these guidelines, per the legislative intent of SB 125.
7 Approval and Programming
Once an agency’s Initial Allocation Package is received, along with verification that monthly ridership data as required by statute is available on each regional agency’s website, CalSTA will review and analyze the submitted documents for completeness and for project eligibility with a commitment to facilitate these funds to projects in an expeditious manner and not infringe on the local decision-making processes that determined the specific projects proposed for funding. If all projects are eligible and the documentation is complete, CalSTA will notify the RTPA that its package is approved, publish the information on its SB125 Transit Formula Program subject area page, and authorize disbursement of applied-for funds to the RTPA. If Initial Allocation Packages are incomplete, RTPAs will be promptly notified and allowed to address areas of incompleteness. If any projects are found to be ineligible, RTPAs will be provided an opportunity to choose between ether remedying the ineligible project (or replacing it with another) prior to having the entire package approved, or advancing all projects that are eligible and addressing the ineligible project in a future Updated Allocation Package. CalSTA will maintain a Program Allocation Report that will incorporate all approved projects (both capital and operating) that will be updated in any quarter during which additional approvals of Initial Allocation Packages or Updated Allocation Packages have been made.
Agencies are not required to fully apply for all available funding at the time of Initial Allocation Package submission. Unrequested monies, or the request to program interest earned on deposited funds that have not yet been disbursed to implementing agencies, may be requested in a future Updated Allocation Package. If an agency chooses to request previously unrequested funding or reprioritize funding between projects (including the addition or deletion of a project from their approved project list), an Updated Allocation Package shall be submitted for approval, including a Summary of Changes section immediately after the cover letter authorizing submission, and any updates to the project information in the document Attachment B
1.e-31
102
September 29, 2023
21 relative to the request. Such documents will be reviewed and analyzed upon receipt for completeness and project eligibility with a commitment to facilitate these funds to projects in an expeditious manner and not infringe on the local decision-making processes that determined the specific projects proposed for funding, with the approved changes included in the quarterly updates to the Program Allocation Report. Notification will be provided to each submitting agency within 30 to 60 days of submission of an Updated Allocation Package regardless of whether the next quarterly Program Allocation Plan has been published. 8 ProjectDelivery and Reporting
To the extent that recipients specify existing TIRCP projects that already have competitive TIRCP funding awards, CalSTA and Caltrans will work with each project sponsor to update project program supplements to reflect the use of these supplemental resources on the project under its delegated authority from CalSTA.
The first year of funding for TIRCP and the ZETCP is already available for distribution once required materials are submitted and is expected to be fully encumbered or expended and liquidated by June 30, 2028. FY23-24 funds for TIRCP and the ZETCP must be disbursed to RTPAs by this deadline. Once received by the RTPA there is no deadline for the expenditure of funds. Agencies may spend SB 125 funds in any order relative to other state, federal and local funds.
As a condition of ongoing disbursement of requested SB 125 funds, the RTPAs must submit to CalSTA an Annual Report documenting the activities and progress made toward implementation of the projects and operating expenditures, which includes total SB 125 expenditures to date and total amount remaining.
Recordkeeping and reporting requirements will apply through the life of the projects.
As previously noted, recipients must deposit funds into a dedicated bank account that will hold only SB 125 funds. If a separate account is not possible, the agency may show documents of a line item or subaccount dedicated to SB 125 funds. These funds must also be spent on eligible projects and will be accounted for when an agency submits its required Annual Report.
A reporting template will be distributed prior to the first annual report being due by December 31, 2024.
A final delivery report for completed capital projects may also be required, to provide notification of the completion of the project and confirmation of its placement into service. Additional guidance may be developed and articulated in future updates to these guidelines, per the legislative intent of SB 125, and may include the development and distribution of a final delivery report template in the future.
Consistent with CARB’s Funding Guidelines, local agencies are required to report on job co-benefits, in addition to all other reporting requirements, for funding associated with the ZETCP. Job co-benefits refer to California jobs supported, not created, by California Climate Investments. Jobs supported by California Climate Investments include direct, indirect, and induced employment.
At the time of the Allocation Package submission for the ZETCP, agencies are required to submit a job cobenefit modeling tool, which is based upon a co-benefit assessment methodology developed by CARB.
Once an awarded project has been implemented, funding recipients will also be required to report actual (not modeled) jobs data via the semi- annual reporting process. Note that these requirements are only for the ZETCP and are not necessary for the SB 125 TIRCP funding. Projects accessing funding from the ZETCP may also be required to submit reporting information related to greenhouse gas reductions and priority population benefits in accordance with the CARB’s Funding Guidelines (see Attachment 1).
Implementing agencies should note that additional Project Outcome Reporting may be required for TIRCP or ZETCP capital projects. Caltrans may provide assistance through Cal-ITP on scheduling, real-time information and payments to streamline reporting requirements.
The State of California has the right to review project documents and conduct audits during project implementation and over the life of the project. Caltrans or another State agency may audit a sample of SB Attachment B
1.e-32
103
September 29, 2023
22 125 projects to evaluate the performance of the project, or compliance with state and federal laws and regulations, contract provisions; and program guidelines, and whether project deliverables (outputs) and outcomes are consistent with the project scope, schedule, and benefits described in the Allocation Package.
A report on the projects audited must be submitted by the auditing agency to CalSTA.
In addition, agencies that receive ZETCP funding under this program shall submit a report to CalSTA, no later than October 31, 2024, and annually by October 31st of subsequent years, that includes the following information:
a. How much funding is to be used for operating costs, if any. b. The number, type, date, and location of zero-emission buses, trains or other vehicles purchased, if any.
c. The number, type, date, Open Charge Point Interface (OCPI) data, and location of electric charging stations or hydrogen fueling stations purchased and installed, if any. d. The nameplate capacity of installed equipment in kilowatts for electric charging stations and kilograms per day for hydrogen fueling stations, if any. e. The total costs and the source of funding for vehicles and equipment purchased using these funds.
Additional guidance related to the ZETCP annual report will be provided at least six months before its required submission.
9 ProjectAdministration
Projects awarded funding from SB 125 are expected to document and publicize the TIRCP and ZETCP in proper context when developing press releases and board documents, or in hosting public events such as project groundbreakings. References should be made to TIRCP, ZETCP, the California State Transportation Agency as the program sponsor, and the state programs as fund sources, as applicable, in order to ensure transparency regarding the funding of the projects. Additional details may be provided.
Agencies must encumber and expend monies consistent with State law and ensure that GGRF monies are utilized consistent with the expenditure record submitted by CalSTA and required by SB 1018. A determination that use of GGRF monies is not consistent with the expenditure record and does not further the purposes of AB 32 may occur during legal proceedings or during an audit or program review conducted by the Bureau of State Audits, Department of Finance, a third‐party auditor, or CARB.
Depending on the outcome of those proceedings or review, agencies may be required to return monies to the state if expenditures are not consistent with the statutory requirements (such as not furthering the purposes of AB 32).
If a short-term financial plan does not meet the content and completeness requirements outlined in section 6, or if specific projects described do not meet eligibility requirements, agencies will have an opportunity to remedy their plan and receive access to the funding after the requirements are met.
Audits and on-site monitoring can take place at any time at the discretion of CalSTA, without prior warning given to the agency. CalSTA has the right to audit the project records, including technical and financial data of the Project Applicant, the Implementing Agency, and any consultant or sub-consultants at any time after award, during the course of the project and for three years from the date of the final closeout of the project, therefore all project records shall be maintained and made available at the time of request.
The state may terminate the disbursement of funds if it learns of or otherwise discovers that there are allegations supported by reasonable evidence that a violation of any state or federal law or policy by the recipient which affects performance of this funding, or any other grant agreement or contract entered into with the State. If funding disbursement is terminated, or project approval revoked, the Attachment B
1.e-33
104
September 29, 2023
23 agency may be required to fully or partially repay funds from the TIRCP or ZETCP.
Attachment 1: CCI Funding Guidelines for Administering Agencies (applies to ZETCP Recipients Using GGRF Funds)
Investments to Benefit Disadvantaged Communities and Low-Income Communities and Households The California Air Resources Board (CARB) released the "Funding Guidelines for Agencies Administering California Climate Investments" (Funding Guidelines) on August 30, 2018.
The 2018 Funding Guidelines provide flexibility in implementing a diverse set of investments while maintaining transparency of outcomes and ensuring meaningful community benefits from these investments. These guidelines align with the Legislature’s priorities found in AB 398 and Fiscal Year (FY) 2017-18 appropriations. These guidelines reflect the increasingly important role of California Climate Investments in facilitating the reduction of greenhouse gases while also reducing air pollution, helping communities adapt to the impacts of climate change, and providing meaningful benefits to disadvantaged communities, low-income communities, and low-income households (also referred to as “priority populations”), among other statutory requirements.
CARB collaborates with agencies that administer California Climate Investments programs to develop individual targets for each program to drive investments that achieve direct and meaningful benefits to priority populations and help ensure that statutory requirements are met, which are described in AB 1550.
Additional information can be found at the following CARB websites:
https://ww2.arb.ca.gov/resources/documents/cci-funding-guidelines-administering-agencies Attachment B
1.e-34
105
September 29, 2023
24 Attachment 2: Quantification Methodology and Co-Benefit Assessment Methodology CCI Quantification and Reporting Materials
Administering agencies using ZETCP GGRF funding for capital expenditures must use the Funding Guidelines with the resources provided by CARB to develop effective programs and demonstrate compliance with program requirements.
Resources include Quantification Methodologies (QMs) and Calculator Tools for estimating greenhouse gas (GHG) emission reductions and co-benefits; Benefit Criteria Tables (BCTs) for determining benefits to priority populations; and Reporting Templates for reporting outcomes.
CARB staff developed the TIRCP QM and associated Calculator Tool to provide guidance for estimating the GHG emission reductions and selected co-benefits for each proposed project type. The calculator tool automates methods described in the QM document, outlines documentation requirements, and provides a link to a step-by-step user guide with project examples. Projects will report the total project GHG emission reductions and co-benefit estimated using the TIRCP Calculator tool as well as the total project GHG emission reductions per dollar of GGRF funds.
The TIRCP Calculator Tool will be used for most ZETCP capital projects, and also for developing quantification estimates for new TIRCP capital projects using SB 125 funds.
Using many of the same inputs required to estimate GHG emission reductions, the TIRCP Calculator Tool will estimate the following co-benefits and key variables from TIRCP projects • ROG emission reductions (lbs),
• NOx emission reductions (lbs),
• PM2.5 emission reductions (lbs),
• Diesel PM emission reductions (lbs),
• Passenger VMT reductions (miles),
• Fossil fuel use reductions (gallons),
• Fossil fuel energy use reductions (kWh),
• Passenger travel cost savings ($), and
• Energy and fuel cost savings ($).
While many ZETCP and TIRCP projects will use the TIRCP calculator tool, there are some project types that may not be covered by a single tool. CARB staff have developed the ZETCP QM by compiling the calculator tools from TIRCP, LCTOP, the Affordable Housing and Sustainable Communities (AHSC) program, the Low-Income Weatherization Program (LIWP), and the Low Carbon Fuel Production (LCFP) Program. The LIWP calculator can be used to calculate the benefits from solar panel and microgrid installations. The LCFP calculator can be used to calculate the benefits from alternative fuel generation in either a new facility or an expanded, existing facility.
All CARB co-benefit assessment methodologies are available at:
https://ww2.arb.ca.gov/resources/documents/cci-methodologies Reporting templates are developed specifically for each program within California Climate Investments. These templates are used by TIRCP staff to report on outcomes from all projects funded by TIRCP, and are expected to also be used to report on outcomes for ZETCP GGRF-funded projects. Additional quantification tools will be identified by CARB for ZETCP project types that are not covered by current quantification tools, generally Attachment B
1.e-35
106
September 29, 2023
25 utilizing select tools used by existing GGRF programs.
Additional information can be found at the following CARB website:
https://ww2.arb.ca.gov/resources/documents/cci-quantification-benefits-and-reporting-materials Co-benefit Assessment Methodology
California Climate Investments support the State's climate change goals and provide many additional benefits to individuals, households, businesses, and communities. These "co-benefits" include social, economic, and environmental benefits. CARB provides guidance on quantification methods and reporting to administering agencies. CARB contracted with the University of California, Berkeley (UC Berkeley) to help research and develop methods for evaluating project co-benefits. Guidance on using the co-benefit assessment methodologies is contained in CARB's Funding Guidelines.
The co-benefits were prioritized based on administering agency input and broad applicability to California Climate Investments programs. UC Berkeley first reviewed the scientific data to determine if methods could be developed and summarized the findings in literature reviews.
Next, UC Berkeley and CARB developed Co-benefit Assessment Methodologies where feasible.
CARB solicited public comment on draft versions in Spring 2018 prior to posting final Co-benefit Assessment Methodologies. CARB may review and update assessment methodologies periodically based on new or evolving project types; new legislation; available resources; new scientific developments or tools, or modifications in the analytical tools or approaches upon which the methodologies were based; or input from administering agencies or the public.
The California Air Resources Board is updating the Co-benefit assessment methodology. See the following website for the final methodology.
https://ww2.arb.ca.gov/resources/documents/cci-methodologies Attachment B
1.e-36
107
September 29, 2023
26 Attachment 3: Benefit Criteria Tables
CCI Benefit Criteria Tables
ZETCP will use the Sustainable Transportation Benefit Criteria Table developed by CARB to ensure that programs meet the minimum levels of investments to projects that benefit residents of disadvantaged communities, low-income communities, and low-income households, collectively referred to as “priority populations”.
All projects counting toward the statutory investment minimums must be located within an identified community and benefit individuals living within that community, or directly benefit residents of low-income households anywhere in the State. Administering agencies must determine if a project meets the criteria for providing direct, meaningful, and assured benefits to priority populations using the following evaluation approach:
Step 1: Identify the Priority Population(s). Be located within a census tract identified as a disadvantaged community or low-income community, or directly benefit residents of a low-income household.
Step 2: Address a Need. Meaningfully address an important community or household need for the disadvantaged community, low-income community, or low-income household.
Step 3: Provide a Benefit. Using the evaluation criteria, identify at least one direct, meaningful, and assured benefit that the project provides to priority populations. The benefit provided must directly address the identified need.
Only investments that meet these criteria will be counted toward achieving the statutory investment minimums identified for priority populations. Administering agencies can fund projects that otherwise provide meaningful benefits, but do not meet these criteria; however, those projects will not be counted toward investment minimum.
Attachment B
1.e-37
108
Administrative Report
TO: Honorable City Council
FROM: Ben Harvey, City Manager
MEETING DATE: August 11, 2026
SUBJECT: Resolution Approving and Adopting the Revised Drug and Alcohol Testing Policy for Safety Sensitive Employees
(Operational Need)
RECOMMENDATION
Adopt a resolution approving and adopting the City’s revised drug and alcohol testing policy, and repeal any and all previous adopted policies related to drug and alcohol testing for safety sensitive employees.
DISCUSSION
The City of Ojai receives Federal and State funding for the operation of the Ojai Trolley Service, requiring strict compliance with State and Federal regulations, including the DrugFree Workplace Act of 1988 and the Omnibus Transportation Employee Testing Act of 1991. The revised policy ensures alignment with all applicable Federal regulations governing workplace anti-drug and alcohol programs in the transit industry, specifically those mandated by the Federal Transit Administration (FTA) and U.S. Department of Transportation (USDOT).
Key updates include:
Clear prohibition of unlawful manufacture, distribution, dispensing, possession, or use of controlled substances or misuse of alcohol for all employees. Compliance with 49 CFR Part 655 and 49 CFR Part 40, as amended, for drug and alcohol testing of safety-sensitive positions.
Adoption of zero tolerance for violations, with immediate removal from safetysensitive duties and termination for positive tests or refusal. Procedures for pre-employment, random, reasonable suspicion, post-accident, return-to-duty, and follow-up testing.
Confidentiality and disclosure requirements for testing records, as outlined in the policy.
The recommended changes do not alter the operational scope or increase costs for the City’s Trolley Program. They ensure continued eligibility for transit funding and compliance with Caltrans DRMT requirements.
CITY COUNCIL GOALS ALIGNMENT
Goal No. 5 - Public Safety
109
OPTIONS
1. Take no action;
2. Provide alternative direction to staff.
FISCAL IMPACT
The recommended action has no fiscal impact. However, failure to adopt a compliant policy that satisfies State and Federal regulations could have an impact on transportation funding being withheld or delayed to the City for not being in compliance with all applicable rules and regulations.
Prepared by: Norma Cervantes, Assistant to the City Manager
ATTACHMENT(S)
A. Resolution No. 2026-30 with Exhibit A Drug and Alcohol Testing Policy 110
Resolution No. 2026-30
CITY OF OJAI
RESOLUTION NO. 2026-30
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
OJAI, CALIFORNIA, APPROVING AND ADOPTING THE
CITY OF OJAI DRUG AND ALCOHOL TESTING POLICY,
AND REPEAL OF ANY AND ALL PREVIOUSLY ADOPTED
POLICIES RELATING TO DRUG AND ALCOHOL TESTING
FOR SAFETY SENSITIVE EMPLOYEES
WHEREAS, the City of Ojai provides public transit and paratransit services for the residents of the Ojai Valley; and
WHEREAS, part of the City of Ojai mission in regard to public transit and paratransit services is to ensure that this service delivered safely, efficiently and effectively by establishing a drug and alcohol-free work environment, and to ensure that the workplace remains free from the effects of drugs and alcohol in order to promote the health and safety of the general public and employes; and WHEREAS, the purpose of this policy is to maintain a drug and alcohol-free workplace in compliance with the Drug-Free Workplace Act of 1988, and the Omnibus Transportation Employee Testing Act of 1991; and
WHEREAS, the policy is intended to comply with all applicable Federal regulations governing workplace anti-drug and alcohol programs in the transit industry; and WHEREAS, it is necessary at this time to adopt a revised drug and alcohol testing policy to be consistent with all applicable Federal regulations governing workplace antidrug and alcohol programs in the transit industry.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF OJAI, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The recitals set forth above are true and correct and are hereby incorporated by reference to the same extent as if restated herein.
SECTION 2. Any and all previous policies approved and/or in effect regarding Drug and/or Alcohol Testing for safety sensitive employees for the City of Ojai are hereby repealed without impact otherwise to Article XII of the City of Ojai Employee Handbook.
SECTION 3. The City of Ojai Drug and Alcohol Testing Policy for safety sensitive employees, attached hereto as Exhibit “A” and made a part hereof, is hereby approved and adopted.
SECTION 4. Certification. The City Clerk shall certify the adoption of this Resolution.
111
Resolution No. 2026-30
SECTION 5. Effective Date. This Resolution shall take effect upon its adoption.
PASSED, APPROVED AND ADOPTED on ____, 2026.
CITY OF OJAI, CALIFORNIA
___________________________________
Andy Gilman, Mayor
ATTEST:
Date: _____________________________
__________________________________
Weston Montgomery, Chief Deputy City Clerk
APPROVED AS TO FORM:
__________________________________
Bethany A. Burgess, City Attorney
I, Weston Montgomery, Chief Deputy City Clerk of the City of Ojai, certify that Resolution No. 2026-___ was adopted at a regular meeting held _____, 2026, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
_____________________________________
Weston Montgomery, Chief Deputy City Clerk
Exhibits to this Resolution:
A. City of Ojai Drug and Alcohol Testing Policy
112
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 1
DRUG AND ALCOHOL TESTING POLICY
CITY OF OJAI
Adopted as of July 14, 2026
A. PURPOSE
1) The City of Ojai provides public transit and paratransit services for the residents of the Ojai Valley. Part of our mission is to ensure that this service is delivered safely, efficiently, and effectively by establishing a drug and alcohol-free work environment, and to ensure that the workplace remains free from the effects of drugs and alcohol in order to promote the health and safety of employees and the general public. In keeping with this mission, City of Ojai declares that the unlawful manufacture, distribution, dispense, possession, or use of controlled substances or misuse of alcohol is prohibited for all employees.
2) Additionally, the purpose of this policy is to establish guidelines to maintain a drug and alcohol-free workplace in compliance with the DrugFree Workplace Act of 1988, and the Omnibus Transportation Employee Testing Act of 1991. Covered employees shall abide by the terms of this policy statement as a condition of employment. This policy is intended to comply with all applicable Federal regulations governing workplace antidrug and alcohol programs in the transit industry. Specifically, the Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 655, as amended, that mandates drug and alcohol testing for safety-sensitive positions, and prohibits performance of safetysensitive functions when there is a positive test result, or a refusal to test.
The U. S. Department of Transportation (USDOT) has also published 49 CFR Part 40, as amended, that sets standards for the collection and testing of specimens for drug and alcohol testing.
3) Any provisions set forth in this policy that are included under the sole authority of City of Ojai and are not provided under the authority of the above-named Federal regulations are underlined. Tests conducted under the sole authority of City of Ojai will be performed on non-USDOT forms and will be separate from USDOT testing in all respects.
B. APPLICABILITY
This Drug and Alcohol Testing Policy applies to all safety-sensitive employees (full- or part-time) when performing safety sensitive duties. See Attachment A for a list of employees and the authority under which they are included.
A safety-sensitive function is operation of public transit service including the operation of a revenue service vehicle (whether or not the vehicle is in revenue service), maintenance of a revenue service vehicle or equipment used in revenue 113
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 2 service, security personnel who carry firearms, persons controlling the dispatch or movement of revenue service vehicles and any transit employee who operates a non-revenue service vehicle that requires a Commercial Driver’s License to operate. Maintenance functions include the repair, overhaul, and rebuild of engines, vehicles and/or equipment used in revenue service. A list of safetysensitive positions who perform one or more of the above-mentioned duties is provided in Attachment A. Supervisors are only safety sensitive if they perform one of the above functions. Volunteers are considered safety sensitive and subject to testing if they are required to hold a CDL or receive remuneration for service in excess of actual expense.
C. DEFINITIONS
Accident: An occurrence associated with the operation of a vehicle even when not in revenue service, if as a result:
a. An individual dies;
b. An individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident; or, c. One or more vehicles incur disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. For purposes of this definition, disabling damage means damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, or windshield wipers that makes them inoperative.
Adulterated specimen: A specimen that has been altered, as evidence by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance.
Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols contained in any beverage, mixture, mouthwash, candy, food, preparation or medication.
Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of breath as indicated by a breath test under 49 CFR Part 40.
Aliquot: A fractional part of a specimen used for testing, It is taken as a sample representing the whole specimen.
114
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 3 Alternate specimen: An authorized specimen, other than the type of specimen previously collected or attempted to be collected.
Canceled Test: A drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which is cancelled. A canceled test is neither positive nor negative.
Collection Site: A place selected by the employer where employees present themselves for the purpose of providing a specimen for a drug test.
Confirmatory Drug Test: A second analytical procedure performed on a different aliquot of the original specimen to identify and quantify a specific drug or drug metabolite.
Confirmatory Validity Test: A second test performed on a different aliquot of the original urine specimen to further support a validity test result.
Covered Employee Under FTA Authority: An employee who performs a safetysensitive function including an applicant or transferee who is being considered for hire into a safety-sensitive function (See Attachment A for a list of covered employees).
Cutoff: The analytical value (e.g., drug or drug metabolite concentration) used as the decision point to determine a result (e.g., negative, positive, adulterated, invalid, or substituted) or the need for further testing.
Designated Employer Representative (DER): An employee authorized by the employer to take immediate action to remove employees from safety-sensitive duties and to make required decisions in testing. The DER also receives test results and other communications for the employer, consistent with the requirements of 49 CFR Parts 40 and 655.
DOT, The Department, DOT Agency: These terms encompass all DOT agencies, including, but not limited to, the Federal Aviation Administration (FAA), the Federal Railroad Administration (FRA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal Transit Administration (FTA), the National Highway Traffic Safety Administration (NHTSA), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Office of the Secretary (OST).
For purposes of 49 CFR Part 40, the United States Coast Guard (USCG), in the Department of Homeland Security, is considered to be a DOT agency for drug testing purposes. These terms include any designee of a DOT agency.
Dilute specimen: A urine specimen with creatinine and specific gravity values that are lower than expected for human urine.
115
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 4 Disabling damage: Damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs.
Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, or windshield wipers that makes them inoperative.
Employee: Any person who is designated in a DOT agency regulation as subject to drug testing and/or alcohol testing. The term includes individuals currently performing safety-sensitive functions designated in DOT agency regulations and applicants for employment subject to pre-employment testing. For purposes of drug testing under 49 CFR Part 40, the term employee has the same meaning as the term “donor” as found on CCF and related guidance materials produced by the Department of Health and Human Services.
Evidential Breath Testing Device (EBT): A device approved by the NHTSA for the evidential testing of breath at the 0.02 and the 0.04 alcohol concentrations and appears on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices” because it conforms with the model specifications available from NHTSA.
Initial Drug Test: The first test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites.
Initial Specimen Validity Test: The first test used to determine if a specimen is adulterated, diluted, substituted, or invalid
Invalid Result: The result reported by an HHS-certified laboratory in accordance with the criteria established by the HHS when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity test.
Laboratory: Any U.S. laboratory certified by HHS under the National Laboratory Certification Program as meeting the minimum standards of HHS; or, in the case of foreign laboratories, a laboratory approved for participation by DOT under 49 CFR Part 40.
Limit of Detection (LOD): The lowest concentration at which the analyte (e.g., drug or drug metabolite) can be identified.
Limit of Quantification (LOQ): For quantitative assays, the lowest concentration at which the identity and concentration of the analyte (e.g., drug or drug metabolite) can be accurately established.
116
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 5 Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the drug testing program who has knowledge of substance abuse disorders and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result, together with his/her medical history, and any other relevant bio-medical information.
Negative Dilute: A drug test result which is negative for the five drug/drug metabolites but has creatinine and specific gravity values that are lower than expected for human urine.
Negative result: The result reported by an HHS-certified laboratory to an MRO when a specimen contains no drug or the concentration of the drug is less than the cutoff concentration for the drug or drug class and the specimen is a valid specimen. An alcohol concentration of less than 0.02 BAC is a negative test result.
Non-negative specimen: A specimen that is reported as adulterated, substituted, positive (for drug(s) or drug metabolite(s)), or invalid.
Oral Fluid Specimen: A specimen that is collected from an employee’s oral cavity and is a combination of physiological fluids produced primarily by the salivary glands. An oral fluid specimen is considered to be a direct observation collection for all purposes of 49 CFR Part 40, as amended.
Performing (a safety-sensitive function): A covered employee is considered to be performing a safety-sensitive function and includes any period in which he or she is actually performing, ready to perform, or immediately available to perform such functions.
Positive result: The result reported by an HHS- Certified laboratory when a specimen contains a drug or drug metabolite equal or greater to the cutoff concentrations.
Primary specimen: In drug testing, the specimen bottle that is opened and tested by a first laboratory to determine whether the employee has a drug or drug metabolite in his or her system; and for the purpose of specimen validity testing. The primary specimen is the portion of the donor’s subdivided specimen designated as the primary (‘‘A’’) specimen by the collector to distinguish it from the split (‘‘B’’) specimen, as defined in 49 CFR Part 40, as amended.
Prohibited drug: Identified as marijuana, cocaine, opioids, amphetamines, or phencyclidine as specified in 49 CFR Part 40, as amended. 117
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 6 Reconfirmed: The result reported for a split (Bottle B) specimen when the second HHS-certified laboratory corroborates the original result reported for the primary (Bottle A) specimen.
Rejected for Testing: The result reported by an HHS- Certified laboratory when no tests are performed for specimen because of a fatal flaw or a correctable flaw that has not been corrected.
Revenue Service Vehicles: All transit vehicles that are used for passenger transportation service.
Safety-sensitive functions: Employee duties identified as:
(1) The operation of a transit revenue service vehicle even when the vehicle is not in revenue service.
(2) The operation of a non-revenue service vehicle by an employee when the operation of such a vehicle requires the driver to hold a Commercial Drivers License (CDL).
(3) Maintaining a revenue service vehicle or equipment used in revenue service.
(4) Controlling dispatch or movement of a revenue service vehicle and (5) Carrying a firearm for security purposes.
Specimen: Fluid, breath, or other material collected from an employee at the collection site for the purpose of a drug or alcohol test.
Specimen Bottle: The bottle that, after being sealed and labeled according to the procedures in 49 CFR Part 40, is used to hold a primary (“A”) or split (“B”) specimen during the transportation to the laboratory. In the context of oral fluid testing, it may be referred to as a “vial,” “tube,” or “bottle.” Split Specimen: In drug testing, the specimen that is sent to a first laboratory and stored with its original seal intact, and which is transported to a second laboratory for retesting at the employee’s request following MRO verification of the primary specimen as positive, adulterated or substituted.
Split specimen collection: A collection in which the single specimen collected is divided into two separate specimen bottles, the primary specimen (Bottle A) and the split specimen (Bottle B).
Substance Abuse Professional (SAP): A licensed physician (medical doctor or doctor of osteopathy) or licensed or certified psychologist, social worker, employee assistance professional, state-licensed or certified marriage and family therapist, or drug and alcohol counselor (certified by an organization listed at https://www.transportation.gov/odapc/sap) with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol related disorders. 118
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 7 Substituted specimen: An employee’s specimen not consistent with a normal human specimen, as determined by HHS (e.g., a urine specimen, with creatinine and specific gravity values that are so diminished, or so divergent that they are not consistent with normal human urine).
Test Refusal: The following are considered a refusal to test if the employee:
(1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer.
(2) Fail to remain at the collection site until the testing process is complete.
An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test. (3) Fail to attempt to provide a specimen. An employee who does not provide a specimen because he or she has left the testing site before the testing process commenced for a pre-employment test has not refused to test. (4) In the case of a directly-observed or monitored urine collection in a drug test, fail to permit monitoring or observation of your provision of a specimen.
(5) Fail to provide a sufficient quantity of specimen without a valid medical explanation.
(6) Fail or decline to take an additional test as directed by the collector or the employer for drug testing.
(7) Fail to undergo a medical evaluation as required by the MRO or the employer’s Designated Employer Representative (DER).
(8) Fail to cooperate with any part of the testing process. (9) Fail to follow an observer’s instructions to raise and lower clothing and turn around during a directly-observed urine collection . (10) Possess or wear a prosthetic or other device used to tamper with the collection process.
(11) Admit to the adulteration or substitution of a specimen to the collector or MRO.
(12) Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF).
(13) Fail to remain readily available following an accident. (14) As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.
Undiluted (neat) oral fluid: An oral fluid specimen to which no other solid or liquid has been added. For example: A collection device that uses a diluent (or other component, process, or method that modifies the volume of the testable specimen) must collect at least 1 mL of undiluted (neat) oral fluid.
Urine specimen: Urine collected from an employee at the collection site for the purpose of a drug test.
119
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 8 Vehicle: A bus, electric bus, van, automobile, rail car, trolley car, trolley bus, or vessel. A public transit vehicle is a vehicle used for public transportation or for ancillary services.
Verified negative test: A drug test result reviewed by a medical review officer and determined to have no evidence of prohibited drug use at or above the minimum cutoff levels established by the Department of Health and Human Services (HHS).
Verified positive test: A drug test result reviewed by a medical review officer and determined to have evidence of prohibited drug use at or above the minimum cutoff levels specified in 49 CFR Part 40 as revised.
Validity testing: The evaluation of the specimen to determine if it is consistent with normal human urine or oral fluid. Specimen validity testing will be conducted on all specimens provided for testing under DOT authority. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the specimen, if the specimen was diluted, or if the specimen was altered.
D. EDUCATION AND TRAINING
1) Every covered employee will receive a copy of this policy and will have ready access to the corresponding federal regulations including 49 CFR Parts 655 and 40, as amended. In addition, all covered employees will undergo a minimum of 60 minutes of training on the signs and symptoms of drug use including the effects and consequences of drug use on personal health, safety, and the work environment. The training also includes manifestations and behavioral cues that may indicate prohibited drug use.
2) All supervisory personnel or company officials who are in a position to determine employee fitness for duty will receive 60 minutes of reasonable suspicion training on the physical, behavioral, and performance indicators of probable drug use and 60 minutes of additional reasonable suspicion training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse.
E. PROHIBITED SUBSTANCES
1) Prohibited substances addressed by this policy include the following. a. Illegally Used Controlled Substance or Drugs Under the Drug-Free Workplace Act of 1988 any drug or any substance identified in 120
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 9 Schedule I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1308.11 through 1308.15 is prohibited at all times in the workplace unless a legal prescription has been written for the substance. This includes, but is not limited to: marijuana, amphetamines, opioids, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration. Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. It is important to note that the use of marijuana in any circumstances remains completely prohibited for any safety-sensitive employee subject to drug testing under USDOT regulations. The use of marijuana in any circumstance (including under state recreational and/or medical marijuana laws) by a safety-sensitive employee is a violation of this policy and a violation of the USDOT regulation 49 CFR Part 40, as amended.
Federal Transit Administration drug testing regulations (49 CFR Part 655) require that all employees covered under FTA authority be tested for marijuana, cocaine, amphetamines, opioids, and phencyclidine as described in this policy. Illegal use of these five drugs is prohibited at all times and thus, covered employees may be tested for these drugs anytime that they are on duty.
b. Legal Drugs: The appropriate use of legally prescribed drugs and nonprescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to a Cityof Ojai supervisor and the employee is required to provide a written release from his/her doctor or pharmacist indicating that the employee can perform his/her safety-sensitive functions. c. Alcohol: The use of beverages containing alcohol (including mouthwash, medication, food, candy) or any other substances containing alcohol in a manner which violates the conduct listed in this policy is prohibited.
F. PROHIBITED CONDUCT
1) Illegal use of the drugs listed in this policy and as defined in 49 CFR Part 40, as amended is prohibited at all times. All covered employees are prohibited from reporting for duty or remaining on duty if they have used a prohibited drug as defined in 49 CFR Part 40, as amended. 121
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 10 2) Each covered employee is prohibited from consuming alcohol while performing safety-sensitive job functions or while on-call to perform safetysensitive job functions. If an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. The covered employee will subsequently be relieved of his/her on-call responsibilities and subject to discipline for not fulfilling his/her on-call responsibilities.
3) The Transit Department shall not permit any covered employee to perform or continue to perform safety-sensitive functions if it has actual knowledge that the employee is using alcohol
4) Each covered employee is prohibited from reporting to work or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater regardless of when the alcohol was consumed.
a. An employee with a breath alcohol concentration which measures
0.02-0.039 is not considered to have violated the USDOT-FTA drug and alcohol regulations, provided the employee hasn’t consumed the alcohol within four (4) hours of performing a safety-sensitive duty. However, if a safety-sensitive employee has a breath alcohol concentration of 0.02-0.039, USDOT-FTA regulations require the employee to be removed from the performance of safety-sensitive duties until:
i. The employee’s alcohol concentration measures less than
0.02; or
ii. The start of the employee’s next regularly scheduled duty period, but not less than eight hours following administration of the test.
5) No covered employee shall consume alcohol for eight (8) hours following involvement in an accident or until he/she submits to the post-accident drug/alcohol test, whichever occurs first.
6) No covered employee shall consume alcohol within four (4) hours prior to the performance of safety-sensitive job functions.
7) City of Ojai, under its own authority, also prohibits the consumption of alcohol at all times the employee is on duty, or anytime the employee is in uniform.
8) Consistent with the Drug-free Workplace Act of 1988, all City of Ojai employees are prohibited from engaging in the unlawful manufacture, 122
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 11 distribution, dispensing, possession, or use of prohibited substances in the work place including transit system premises and transit vehicles.
G. DRUG STATUTE CONVICTION
Consistent with the Drug Free Workplace Act of 1998, all employees are required to notify the City of Ojai management of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction. Failure to comply with this provision shall result in disciplinary action as defined in this policy.
H. TESTING REQUIREMENTS
1) Drug testing and alcohol testing will be conducted as required by 49 CFR Part 40 as amended. All employees covered under FTA authority shall be subject to testing prior to performing safety-sensitive duty, for reasonable suspicion, following an accident, and random as defined in this policy, and return to duty/follow-up.
2) A drug test can be performed any time a covered employee is on duty. A reasonable suspicion, random, or follow-up alcohol test can only be performed just before, during, or after the performance of a safetysensitive job function. Under City of Ojai authority, a non-DOT alcohol test can be performed any time a covered employee is on duty.
All covered employees will be subject to drug testing and alcohol testing as a condition of ongoing employment with City of Ojai. Any safety-sensitive employee who refuses to comply with a request for testing shall be removed from duty and subject to discipline as defined in this policy.
I. DRUG TESTING PROCEDURES
1) Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved by the U.S. Department of Health and Human Service (HHS). All testing will be conducted consistent with the procedures set forth in 49 CFR Part 40, as amended. The procedures will be performed in a private, confidential manner and every effort will be made to protect the employee, the integrity of the drug testing procedure, and the validity of the test result.
2) The drugs that will be tested for include marijuana, cocaine, opioids, amphetamines, and phencyclidine. After the identity of the donor is 123
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 12 checked using picture identification, a urine and/or oral fluid specimen will be collected as described in 49 CFR Part 40, as amended. Each specimen will be accompanied by a DOT Custody and Control Form and identified using a unique identification number that attributes the specimen to the correct individual. The specimen analysis will be conducted at a HHS certified laboratory. An initial drug screen and validity test will be conducted on the primary specimen. For those specimens that are not negative, a confirmatory test will be performed. The test will be considered positive if the amounts of the drug(s) and/or its metabolites identified by the confirmatory test are at or above the minimum thresholds established in 49 CFR Part 40, as amended.
3) The test results from the HHS certified laboratory will be reported to a Medical Review Officer. A Medical Review Officer (MRO) is a licensed physician with detailed knowledge of substance abuse disorders and drug testing. The MRO will review the test results to ensure the scientific validity of the test and to determine whether there is a legitimate medical explanation for a confirmed positive, substitute, or adulterated test result.
The MRO will attempt to contact the employee to notify the employee of the non-negative laboratory result, and provide the employee with an opportunity to explain the confirmed laboratory test result. The MRO will subsequently review the employee’s medical history/medical records as appropriate to determine whether there is a legitimate medical explanation for a non-negative laboratory result. If no legitimate medical explanation is found, the test will be verified positive or refusal to test and reported to City if Ojai. If a legitimate explanation is found, the MRO will report the test result as negative.
4) If the test is invalid without a medical explanation, a retest will be conducted under direct observation. Employees do not have access to a test of their split specimen following an invalid result. 5) Any covered employee who questions the results of a required drug test may request that the split sample be tested. The split sample test must be conducted at a second HHS-certified laboratory. The test must be conducted on the split sample that was provided by the employee at the same time as the primary sample. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee's request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted at the discretion of the MRO if the delay was due to documentable facts that were beyond the control of the employee. City of Ojai will ensure that the cost for the split specimen analysis is covered in 124
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 13 order for a timely analysis of the sample, however City of Ojai will seek reimbursement for the split sample test from the employee. 6) If the analysis of the split specimen fails to confirm the presence of the drug(s) detected in the primary specimen, if the split specimen is not able to be analyzed, or if the results of the split specimen are not scientifically adequate, the MRO will declare the original test to be canceled. 7) Observed collections
a. Consistent with 49 CFR Part 40, as amended, collection under direct observation with no advance notice will occur if:
i. The laboratory reports to the MRO that a specimen is invalid, and the MRO reports to City of Ojai that there was not an adequate medical explanation for the result;
ii. The MRO reports to City of Ojai that the original positive, adulterated, or substituted test result had to be cancelled because the test of the split specimen could not be
performed;
iii. The laboratory reported to the MRO that the urine specimen was negative-dilute with a creatinine concentration greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL, and the MRO reported the urine specimen as negative-dilute and that a second collection must take place under direct observation (see §40.197(b)(1)).
iv. The collector observes materials brought to the collection site or the employee's conduct clearly indicates an attempt to tamper with a specimen;
v. The temperature on the original urine specimen was out of range (See §40.65(b)(5));
vi. Anytime the employee is directed to provide another specimen because the original specimen appeared to have been tampered with (See §40.65(c)(1)).
vii. All follow-up-tests; or
viii. All return-to-duty tests
125
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 14 Urine collections that are required to be directly observed will be conducted by a person of the same gender as the donor as required by 49 CFR Part 40.67.
J. ALCOHOL TESTING PROCEDURES
1) Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved Evidential Breath Testing device (EBT) operated by a trained Breath Alcohol Technician (BAT). A list of approved EBTs can be found on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices”. Alcohol screening tests may be performed using a nonevidential testing device (alcohol screening device (ASD)) which is also approved by NHTSA. A list of approved ASDs can be found on ODAPC’s Web page for “Approved Screening Devices to Measure Alcohol in Bodily Fluids”. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. The confirmatory test must occur on an EBT. The confirmatory test will be conducted no sooner than fifteen minutes after the completion of the initial test. The confirmatory test will be performed using a NHTSAapproved EBT operated by a trained BAT. The EBT will identify each test by a unique sequential identification number. This number, time, and unit identifier will be provided on each EBT printout. The EBT printout, along with an approved alcohol testing form, will be used to document the test, the subsequent results, and to attribute the test to the correct employee.
The test will be performed in a private, confidential manner as required by 49 CFR Part 40, as amended. The procedure will be followed as prescribed to protect the employee and to maintain the integrity of the alcohol testing procedures and validity of the test result. 2) A confirmed alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy. The consequences of a positive alcohol test are described in this policy. Even though an employee who has a confirmed alcohol concentration of 0.02 to 0.039 is not considered positive, the employee shall still be removed from duty for at least eight hours or for the duration of the work day whichever is longer and will be subject to the consequences described in this policy. An alcohol concentration of less than 0.02 will be considered a negative test. 3) City of Ojai affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. If at any time the integrity of the testing procedures or the validity of the test results is compromised, the test will be canceled. Minor inconsistencies or procedural flaws that do not impact the test result will not result in a cancelled test. 126
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 15 4) The alcohol testing form (ATF) required by 49 CFR Part 40 as amended, shall be used for all FTA required testing. Failure of an employee to sign step 2 of the ATF will be considered a refusal to submit to testing.
K. PRE-EMPLOYMENT TESTING
1) All applicants for covered transit positions shall undergo drug testing prior to performance of a safety-sensitive function.
a. All offers of employment for covered positions shall be extended conditional upon the applicant passing a drug test. An applicant will not be allowed to perform safety-sensitive functions unless the applicant takes a drug test with verified negative results. b. An employee shall not be placed, transferred or promoted into a position covered under FTA authority or company authority until the employee takes a drug test with verified negative results. c. If an applicant fails a pre-employment drug test, the conditional offer of employment shall be rescinded and the applicant will be provided with a list of at least two (2) USDOT qualified Substance Abuse Professionals. Failure of a pre-employment drug test will disqualify an applicant for employment for a period of at least one year. Before being considered for future employment the applicant must provide the employer proof of having successfully completed a referral, evaluation and treatment plan as described in section 655.62 of subpart G. The cost for the assessment and any subsequent treatment will be the sole responsibility of the applicant. d. When an employee being placed, transferred, or promoted from a non-covered position to a position covered under FTA authority or company authority submits a drug test with a verified positive result, the employee shall be subject to disciplinary action in accordance with this policy.
e. If a pre-employment test is canceled, City of Ojai will require the applicant to take and pass another pre-employment drug test. f. In instances where a FTA covered employee does not perform a safety-sensitive function for a period of 90 consecutive days or more regardless of reason, and during that period is not in the random testing pool the employee will be required to take a pre127 Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 16 employment drug test under 49 CFR Part 655 and have negative test results prior to the conduct of safety-sensitive job functions. g. Following a negative dilute the employee will be required to undergo another test. Should this second test result in a negative dilute result, the test will be considered a negative and no additional testing will be required unless directed to do so by the MRO. h. Applicants are required (even if ultimately not hired) to provide City of Ojai with signed written releases requesting USDOT drug and alcohol records from all previous, USDOT-covered, employers that the applicant has worked for within the last two years. Failure to do so will result in the employment offer being rescinded. City of Ojai is required to ask all applicants (even if ultimately not hired) if they have tested positive or refused to test on a pre-employment test for a USDOT covered employer within the last two years. If the applicant has tested positive or refused to test on a preemployment test for a USDOT covered employer, the applicant must provide City of Ojai proof of having successfully completed a referral, evaluation and treatment plan as described in section 655.62 of subpart G.
L. REASONABLE SUSPICION TESTING
1) All City of Ojai FTA covered employees will be subject to a reasonable suspicion drug and/or alcohol test when the employer has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. Reasonable suspicion shall mean that there is objective evidence, based upon specific, contemporaneous, articulable observations of the employee's appearance, behavior, speech or body odor that are consistent with possible drug use and/or alcohol misuse. Reasonable suspicion referrals must be made by one or more supervisors who are trained to detect the signs and symptoms of drug and alcohol use, and who reasonably concludes that an employee may be adversely affected or impaired in his/her work performance due to possible prohibited substance abuse or alcohol misuse. A reasonable suspicion alcohol test can only be conducted just before, during, or just after the performance of a safety-sensitive job function. However, under City of Ojai’ authority, a non-DOT reasonable suspicion alcohol test may be performed any time the covered employee is on duty. A reasonable suspicion drug test can be performed any time the covered employee is on duty.
128
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 17 2) City of Ojai shall be responsible for transporting the employee to the testing site. Supervisors should avoid placing themselves and/or others into a situation which might endanger the physical safety of those present.
The employee shall be placed on administrative leave pending disciplinary action described in this policy. An employee who refuses an instruction to submit to a drug/alcohol test shall not be permitted to finish his or her shift and shall immediately be placed on administrative leave pending disciplinary action as specified in this policy.
3) A written record of the observations which led to a drug/alcohol test based on reasonable suspicion shall be prepared and signed by the supervisor making the observation. This written record shall be submitted to the City of Ojai.
4) When there are no specific, contemporaneous, articulable objective facts that indicate current drug or alcohol use, but the employee (who is not already a participant in a treatment program) admits the abuse of alcohol or other substances to a supervisor in his/her chain of command, the employee shall be referred for assessment and treatment consistent with this policy. City of Ojai shall place the employee on administrative leave in accordance with the provisions set forth under this policy. Testing in this circumstance would be performed under the direct authority of the City of Ojai. Since the employee self-referred to management, testing under this circumstance would not be considered a violation of this policy or a positive test result under Federal authority. However, self-referral does not exempt the covered employee from testing under Federal authority as specified in this policy or the associated consequences.
M. POST-ACCIDENT TESTING
1) FATAL ACCIDENTS – A covered employee will be required to undergo drug and alcohol testing if they are involved in an accident with a transit vehicle, whether or not the vehicle is in revenue service at the time of the accident, that results in a fatality. This includes all surviving covered employees that are operating the vehicle at the time of the accident and any other whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision.
2) NON-FATAL ACCIDENTS – A post-accident test of the employee operating the public transportation vehicle will be conducted if an accident occurs and at least one of the following conditions is met:
129
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 18 a. The accident results in injuries requiring immediate medical treatment away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident. b. One or more vehicles incurs disabling damage as a result of the occurrence and must be transported away from the scene, unless the covered employee can be completely discounted as a
contributing factor to the accident
In addition, any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision, will be tested.
As soon as practicable following an accident, as defined in this policy, the transit supervisor investigating the accident will notify the transit employee operating the transit vehicle and all other covered employees whose performance could have contributed to the accident of the need for the test.
The supervisor will make the determination using the best information available at the time of the decision.
The appropriate transit supervisor shall ensure that an employee, required to be tested under this section, is tested as soon as practicable, but no longer than eight (8) hours of the accident for alcohol, and no longer than 32 hours for drugs. If an alcohol test is not performed within two hours of the accident, the Supervisor will document the reason(s) for the delay. If the alcohol test is not conducted within (8) eight hours, or the drug test within 32 hours, attempts to conduct the test must cease and the reasons for the failure to test documented.
Any covered employee involved in an accident must refrain from alcohol use for eight (8) hours following the accident, or until he/she undergoes a post-accident alcohol test.
An employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying a supervisor of his or her location if he or she leaves the scene of the accident prior to submission to such test, may be deemed to have refused to submit to testing.
Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident, or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.
In the rare event that City of Ojai is unable to perform an FTA drug and alcohol test (i.e., employee is unconscious, employee is detained by law enforcement agency),City of Ojai may use drug and alcohol post-accident test results 130
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 19 administered by local law enforcement officials in lieu of the FTA test. The local law enforcement officials must have independent authority for the test and the employer must obtain the results in conformance with local law.
N. RANDOM TESTING
1) All covered employees will be subjected to random, unannounced testing.
The selection of employees shall be made by a scientifically valid method of randomly generating an employee identifier from the appropriate pool of safety-sensitive employees. Individuals who may be covered under company authority will be selected from a pool of non-DOT-covered individuals.
2) The dates for administering unannounced testing of randomly selected employees shall be spread reasonably throughout the calendar year, day of the week and hours of the day.
3) The number of employees randomly selected for drug/alcohol testing during the calendar year shall be not less than the percentage rates set each year by the FTA administrator. The current year testing rates can be viewed online at https://www.transportation.gov/odapc/random-testingrates. 4) Each covered employee shall be in a pool from which the random selection is made. Each covered employee in the pool shall have an equal chance of selection each time the selections are made. Employees will remain in the pool and subject to selection, whether or not the employee has been previously tested. There is no discretion on the part of management in the selection.
5) Covered transit employees that fall under the Federal Transit Administration regulations will be included in one random pool maintained separately from the testing pool of non-safety-sensitive employees that are included solely under City of Ojai authority.
6) Random tests can be conducted at any time during an employee’s shift for drug testing. Alcohol random tests can only be performed just before, during, or just after the performance of a safety sensitive duty. However, under City of Ojai authority, a non-DOT random alcohol test may be performed any time the covered employee is on duty. Testing can occur during the beginning, middle, or end of an employee’s shift. 7) Employees are required to proceed immediately to the collection site upon notification of their random selection.
131
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 20 O. RETURN-TO-DUTY TESTING
City of Ojai will terminate the employment of any employee that tests positive or refuses a test as specified in this policy. However, in the rare event an employee is reinstated with court order or other action beyond the control of the transit system, the employee must complete the return-to-duty process prior to the performance of safety-sensitive functions. All covered employees who previously tested positive on a drug or alcohol test or refused a test, must test negative for drugs, alcohol (below 0.02 for alcohol), or both and be evaluated and released by the Substance Abuse Professional before returning to work. Following the initial assessment, the SAP will recommend a course of rehabilitation unique to the individual. The SAP will recommend the return-to-duty test only when the employee has successfully completed the treatment requirement and is known to be drug and alcohol-free and there are no undue concerns for public safety. The SAP will determine whether the employee returning to duty will require a returnto-duty drug test, alcohol test, or both.
P. FOLLOW-UP TESTING
Covered employees that have returned to duty following a positive or refused test will be required to undergo frequent, unannounced drug and/or alcohol testing following their return-to-duty test. The follow-up testing will be performed for a period of one to five years with a minimum of six tests to be performed the first year. The frequency and duration of the follow-up tests (beyond the minimums) will be determined by the SAP reflecting the SAP’s assessment of the employee’s unique situation and recovery progress. Follow-up testing should be frequent enough to deter and/or detect a relapse. Follow-up testing is separate and in addition to the random, post-accident, reasonable suspicion and return-toduty testing.
In the instance of a self-referral or a management referral, the employee will be subject to non-USDOT follow-up tests and follow-up testing plans modeled using the process described in 49 CFR Part 40. However, all non-USDOT follow-up tests and all paperwork associated with an employee’s return-to-work agreement that was not precipitated by a positive test result (or refusal to test) does not constitute a violation of the Federal regulations will be conducted under company authority and will be performed using non-DOT testing forms.
Q. RESULT OF DRUG/ALCOHOL TEST
132
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 21 1) Any covered employee that has a verified positive drug or alcohol test, or test refusal, will be immediately removed from his/her safety-sensitive position, informed of educational and rehabilitation programs available, and will be provided with a list of at least two (2) USDOT qualified Substance Abuse Professionals (SAP) for assessment, and will be terminated.
2) Following a negative dilute the employee will be required to undergo another test. Should this second test result in a negative dilute result, the test will be considered a negative and no additional testing will be required unless directed to do so by the MRO.
3) Refusal to submit to a drug/alcohol test shall be considered equivalent to a positive test result and a direct act of insubordination and shall result in termination and referral to a list of USDOT qualified SAPs. A test refusal is defined as any of the following circumstances:
a. Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer.
b. Fail to remain at the collection site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test.
c. Fail to attempt to provide a specimen. An employee who does not provide a specimen because he or she has left the testing site before the testing process commenced for a pre-employment test has not refused to test.
d. In the case of a directly-observed or monitored urine collection in a drug test, fail to permit monitoring or observation of your provision of a specimen.
e. Fail to provide a sufficient quantity of specimen without a valid medical explanation.
f. Fail or decline to take an additional test as directed by the collector or the employer for drug testing.
g. Fail to undergo a medical evaluation as required by the MRO or the employer's Designated Employer Representative (DER).
h. Fail to cooperate with any part of the testing process. i. Fail to follow an observer's instructions to raise and lower clothing and turn around during a directly-observed urine collection. j. Possess or wear a prosthetic or other device used to tamper with the collection process.
k. Admit to the adulteration or substitution of a specimen to the collector or MRO.
l. Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF).
m. Fail to remain readily available following an accident. 133
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 22 n. As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.
4) An alcohol test result of 0.02 to 0.039 BAC shall result in the removal of the employee from duty for eight hours or the remainder or the work day whichever is longer. The employee will not be allowed to return to safetysensitive duty for his/her next shift until he/she submits to a NONDOT alcohol test with a result of less than 0.02 BAC.
5) In the instance of a self-referral or a management referral, disciplinary action against the employee shall include:
a. Mandatory referral for an assessment by an employer approved counseling professional for assessment, formulation of a treatment plan, and execution of a return-to-work agreement;
b. Failure to execute, or remain compliant with the return-to-work agreement shall result in termination from City of Ojai _employment.
i. Compliance with the return-to-work agreement means that the employee has submitted to a drug/alcohol test
immediately prior to returning to work; the result of that test is negative; the employee is cooperating with his/her
recommended treatment program; and, the employee has
agreed to periodic unannounced follow-up testing as
described in this policy; however, all follow-up testing performed as part of a return-to-work agreement required under this policy is under the sole authority of City of Ojai and will be performed using non-DOT testing forms.
c. Refusal to submit to a periodic unannounced follow-up drug/alcohol test shall be considered a direct act of insubordination and shall result in termination. All tests conducted as part of the returnto-work agreement will be conducted under company authority and will be performed using non-DOT testing forms.
d. A self-referral or management referral to the employer's counseling professional that was not precipitated by a positive test result does not constitute a violation of the Federal regulations and will not be considered as a positive test result in relation to the progressive discipline defined in this policy. e. Periodic unannounced follow-up drug/alcohol testing conducted as a result of a self-referral or management referral which results in a verified positive shall be considered a positive test result in relation to the progressive discipline defined in this policy.
f. A Voluntary Referral does not shield an employee from disciplinary action or guarantee employment with City of Ojai.
134
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 23 g. A Voluntary Referral does not shield an employee from the requirement to comply with drug and alcohol testing.
6) Failure of an employee to report within five days a criminal drug statute conviction for a violation occurring in the workplace shall result in termination.
R. GRIEVANCE AND APPEAL
The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test refusal is not subject to arbitration.
S. PROPER APPLICATION OF THE POLICY
City of Ojai is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supervisors/managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination.
T. INFORMATION DISCLOSURE
1) Drug/alcohol testing records shall be maintained by the City of Ojai Drug and Alcohol Program Manager and, except as provided below or by law, the results of any drug/alcohol test shall not be disclosed without express written consent of the tested employee.
2) The employee, upon written request, is entitled to obtain copies of any records pertaining to their use of prohibited drugs or misuse of alcohol including any drug or alcohol testing records. Covered employees have the right to gain access to any pertinent records such as equipment calibration records, and records of laboratory certifications. Employees may not have access to SAP follow-up testing plans.
3) Records of a verified positive drug/alcohol test result shall be released to the Drug and Alcohol Program Manager, and other transit system management personnel on a need-to-know basis.
4) Records will be released to a subsequent employer only upon receipt of a written request from the employee.
135
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 24 5) Records of an employee's drug/alcohol tests shall be released to the adjudicator in a grievance, lawsuit, or other proceeding initiated by or on behalf of the tested individual arising from the results of the drug/alcohol test. The records will be released to the decision maker in the proceeding. 6) Records will be released to the National Transportation Safety Board during an accident investigation.
7) Information will be released in a criminal or civil action resulting from an employee’s performance of safety-sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test information is relevant to the case and issues an order to the employer to release the information. The employer will release the information to the decision maker in the proceeding with a binding stipulation that it will only be released to parties of the proceeding.
8) Records will be released to the DOT or any DOT agency with regulatory authority over the employer or any of its employees.
9) Records will be released if requested by a Federal, state or local safety agency with regulatory authority over City of Ojai or the employee. 10)If a party seeks a court order to release a specimen or part of a specimen contrary to any provision of Part 40 as amended, necessary legal steps to contest the issuance of the order will be taken
11)In cases of a contractor or sub-recipient of a state department of transportation, records will be released when requested by such agencies that must certify compliance with the regulation to the FTA. 136
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 25 This Policy was adopted by the City of Ojai on August 11, 2026.
Employee (Printed Name):____________________
Employee Signature: _______________________________________________ Employee Receipt Date: ____________________________________________ 137
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 26 Attachment A
Job Title Job Duties Testing Authority
Trolley Driver Operate Trolley FTA
Trolley Coordinator Operate Trolley FTA
Transit Operations Supervisor Operate Trolley FTA
138
Drug and Alcohol Testing Policy (Zero Tolerance – v.0623) Page 27 Attachment B Contacts
Any questions regarding this policy or any other aspect of the substance abuse policy should be directed to the following individual(s).
City of Ojai, Trolley Drug and Alcohol Program Manager
Name: Norma Cervantes
Title: Assistant to the City Manager
Address: 401 S Ventura Street, Ojai, CA 93023
Telephone Number: 805-646-5581 x107
Medical Review Officer
Name: Dr. Jason Steindler
Address: Slingerlands, NY 12159
Telephone Number: 518-304-7911
Name: Dr. Phillip Olkin
Address: Fortuna, CA 95540
Telephone Number: 707-725-3318
Substance Abuse Professional
Name: Accurate Affordable Assessments, Dellena Hoyer
Address: Sacramento, CA 95816
Telephone Number: 916-213-4640
HHS Certified Laboratory Primary Specimen
Name: Quest Diagnostics
Address: Van Nuys, CA 91405
Name: Laboratory Corporation of America
Address: Research Triangle Park, NC 27709
Name: Medtox Laboratories, Inc.
Address: St. Paul, MN 55112
139