Ojai City Council
September 22, 2026

255

Administrative Report
TO: Honorable City Council
FROM: Ben Harvey, City Manager
Bethany Burgess, City Attorney
MEETING DATE: September 22, 2026
SUBJECT: Concept Review: Vacancy or Second Home Tax (City Council Direction)

RECOMMENDATION

1. Discuss the concept of a vacancy or second home tax as a potential funding source for affordable housing programs and development.

2. Provide direction to the City Manager and City Attorney regarding whether staff should further evaluate the concept, including:
a. Taking no further action on a vacancy or second home tax at this time; b. Directing staff to further evaluate a narrowly tailored ordinance, together with associated legal, revenue, and enforcement considerations; or c. Providing alternative direction regarding the City’s interest in, and approach to, a vacancy or second home tax.

DISCUSSION
At its December 2, 2025 meeting, in connection with an agenda item concerning the Habitat for Humanity project located at 408–410 N. Montgomery Street, the City Council discussed the possibility of a vacancy tax given the City’s high percentage of unoccupied second homes, and directed the City Attorney to provide a legal analysis of a vacancy/alternative housing tax.

The City Attorney’s Office has evaluated this issue and this Concept Review is intended to give Council an opportunity to discuss the broader policy direction before staff dedicate significant time or resources to developing a specific ordinance. No tax, ordinance, or financial commitment is proposed as part of this item.

OVERVIEW OF LEGAL ANALYSIS
Following an in-depth review of the legal considerations associated with a second home tax, while there is the potential that a tax applicable to all vacant properties (not just residential) may survive judicial review, a tax focused solely on residential properties could conceivably be subject to a successful challenge under California’s Ellis Act. This risk is greater in light of the First District Court of Appeal’s recent decision in Debbane v. City and 256

County of San Francisco, affirming a trial court’s invalidation of San Francisco’s Empty Home Tax.

Vacancy Taxes Adopted by Other Communities
San Francisco (Empty Homes Tax / 2022 Measure M). This measure applied to owners of residential units in buildings with more than two units that are kept vacant — unoccupied, uninhabited, or unused — for more than 182 days in a tax year, with tiered rates rising from $2,500 to as much as $20,000 per unit based on size and repeated vacancy. This ordinance was challenged and invalidated (discussed below).

Berkeley (Empty Homes Tax). Substantially similar to San Francisco’s, using the same 182-day vacancy definition but with a broader exemption for buildings of four or fewer units.

Oakland (Vacant Property Tax / 2018 Measure W). Applies more broadly to residential, commercial, and undeveloped property, but uses a narrower vacancy definition — property in use fewer than 50 days per year — and taxes vacant parcels at $6,000 (or $3,000 for certain unit types) per year.

By contrast, a 2024 second-home vacancy tax initiative in South Lake Tahoe was rejected by more than 73 percent of voters, illustrating the political sensitivity of such measures.

Key Legal Vulnerabilities
The trial court in Debbane v. San Francisco, invalidated San Francisco’s ordinance on a number of legal grounds, including the Takings Clause and California’s Ellis Act. The court also found that it violated the constitutional right to privacy. On appeal, the Court of Appeal only considered applicability of the Ellis Act and affirmed the invalidation of the ordinance on the basis that a tax that compels a property owner to make a residential property available for rent, violates the Ellis Act.

Before implementing a vacancy tax, the City Attorney’s Office would need to further evaluate the potential impacts of the various legal
Compliance with Proposition 218
If Council were to proceed with implementing a new vacancy tax, it would need to comply with all Constitutional requirements related to adoption of general or special taxes. Whether the measure requires majority or supermajority voter approval depends on its classification.

Under Proposition 218, a general tax (revenues available for any governmental purpose) requires majority voter approval, while a special tax (revenues legally earmarked for a specific purpose, such as affordable housing) requires two-thirds approval.

The City of Berkeley structured its tax as a general tax to avoid the supermajority threshold, at the cost of being unable to legally dedicate revenues to housing; San Francisco’s and Oakland’s earmarked taxes are special taxes subject to the two-thirds requirement. 257

Enforcement Considerations
If the City were to adopt a vacancy tax, the other consideration is enforcement. Based on a review of what other communities are doing, there are several possibilities for reporting and enforcement for Council consideration:
 Owner self-reporting (annual declarations under penalty of perjury) is the most common approach but depends on voluntary compliance and audit capacity.  Existing rental-registry data is of limited use in Ojai, because the City’s Rent Stabilization ordinance excludes single-family residences and condominiums — the property types most likely to be taxed.
 Utility usage data (near-zero water/electric consumption) can serve as an objective screening tool, though its reliability declines under low-occupancy thresholds and this may not be an option where the City is not the utility provider.  Tax filings and administrative indicators (out-of-area mailing addresses, absence of a homeowner’s exemption) can narrow the pool of potentially taxable properties but are not determinative.
 Code enforcement and complaint-based tools can aid detection in specific cases but are resource-intensive and may raise uneven-enforcement and privacy concerns.

CITY COUNCIL GOALS ALIGNMENT
Goal No. 6 - Diversifying Ecomony/Tourism Management

OPTIONS

1. Provide direction to staff.

FISCAL IMPACT
There is no direct fiscal impact associated with directing staff and the City Attorney’s Office to further investigate a vacancy tax. A more detailed financial analysis and consultant study should be performed if Council is interested in pursuing such a tax to understand the appropriate amount of such a tax, the potential revenue that may be generated, and any limitations on the use of such revenues.

Prepared by: Bethany Burgess, City Attorney
258

Administrative Report
TO: Honorable City Council
FROM: Ben Harvey, City Manager
MEETING DATE: September 22, 2026
SUBJECT: Concept Review: Fourth of July Celebration (City Council Direction)

RECOMMENDATION
Discuss the current structure of the community Fourth of July celebration and provide direction to the City Manager regarding whether staff should further evaluate potential changes to the event, including:

1. Continuing the current Fourth of July event structure without City financial participation;

2. Exploring the feasibility of replacing or supplementing the traditional fireworks display;

3. Evaluating the City’s future role, if any, in supporting, coordinating, or funding the Fourth of July celebration.

DISCUSSION
The annual Fourth of July celebration is a longstanding community tradition that provides an opportunity for residents and visitors to gather and celebrate Fourth of July. The event, including the organized fireworks display, is currently managed by a community organization. The City does not currently provide a direct financial contribution toward the event.

As community expectations, public safety considerations, environmental concerns, event costs, and available technology continue to evolve, Council may wish to consider whether the current approach remains appropriate or whether alternative models should be explored for future Fourth of July celebrations.

This Concept Review is intended to provide Council with an opportunity to discuss the broader policy direction before staff dedicate significant time or resources to developing a specific proposal. No change to the existing celebration or City financial commitment is proposed as part of this item.

Fireworks
Traditional fireworks have historically served as a central component of many Fourth of July celebrations. At the same time, fireworks can present considerations related to fire risk, emergency response, noise, animals, air quality, debris, and impacts to individuals who may be sensitive to sudden or prolonged loud noises. 259

Council could direct staff to evaluate whether the organized fireworks display should continue in its current form or whether the City should explore potential restrictions or discontinuation of the display in future years.

If Council is interested in pursuing changes related to fireworks, staff would need to further evaluate applicable legal and permitting requirements, coordination with the event organizer and public safety agencies, and the practical implications of any proposed restrictions.

Drone Light Show Alternative
Drone light shows have increasingly been used as an alternative or supplement to traditional fireworks displays. A coordinated drone show can provide a large-scale visual experience while reducing some of the noise, debris, air quality, and fire-related concerns associated with fireworks.

A drone show would, however, introduce a different set of operational and financial considerations. These could include vendor costs, appropriate launch and viewing locations, Federal Aviation Administration requirements, airspace coordination, security, staffing, weather limitations, and coordination with public safety agencies.

Council could direct staff to obtain preliminary proposals and cost estimates for a drone show and compare those requirements with the existing fireworks model. Staff could also evaluate a hybrid approach that incorporates both drones and a reduced fireworks component.

Event Management and City’s Role
The Fourth of July celebration is currently organized and managed by a community organization, and the City does not currently provide direct financial support for the event.

This structure allows the celebration to remain community-led while limiting the City’s financial and administrative responsibilities.

Council may wish to discuss whether that relationship should continue or whether there is interest in a different level of City participation.

Potential approaches could range from maintaining the current model to providing limited logistical or financial support, partnering more formally with the event organizer, or evaluating a larger City role in the planning and delivery of the celebration.

Any increased City involvement would require additional analysis regarding staffing, liability, contracts, insurance, public safety, permitting, procurement, and budget impacts.

A greater City role could also shift responsibilities currently carried by the organization to City staff.

Following Council discussion, staff would use the direction provided to conduct additional research and return to Council with specific options, estimated costs, funding considerations, operational requirements, and recommended implementation timelines for consideration.
260

CITY COUNCIL GOALS ALIGNMENT
Goal No. 2 - Wildfire Safety and Risk Mitigation
Goal No. 5 - Public Safety
Goal No. 9 - Communication and Relationships

OPTIONS

1. Take no action;

2. Provide alternative direction to staff.

FISCAL IMPACT
There is no direct fiscal impact associated with this Concept Review.

Prepared by: Norma Cervantes, Assistant to the City Manager 261

Administrative Report
TO: Honorable City Council
FROM: Ben Harvey, City Manager
MEETING DATE: September 22, 2026
SUBJECT: Concept Review: Potential City Interest in Soule Park (Requested by Mayor Gilman and Council Member Rule)

RECOMMENDATION

1. Receive a concept review regarding Soule Park and its potential as a community and recreational resource; and

2. Provide direction to the City Manager regarding whether to initiate discussions with the County of Ventura to explore potential opportunities for greater utilization of Soule Park.

DISCUSSION
Soule Park is an established recreational property located in the Ojai Valley that provides open space and recreational opportunities to residents. Given its location and existing recreational character, the property may present opportunities for broader community benefit and enhanced utilization. The City has already demonstrated an investment in Soule Park through its contribution toward the development of the pickleball courts located at the property.

The purpose of this concept review is to provide the City Council with an opportunity to discuss whether there is City interest in exploring additional opportunities related to Soule Park. At this stage, staff is not proposing a specific project, financial commitment, change in ownership, or operational arrangement. Rather, staff is seeking Council direction as to whether the City Manger should initiate preliminary discussions with the County of Ventura regarding the property and opportunities for its greater utilization.

Preliminary discussions could provide the City with a better understanding of the County’s long-term plans for Soule Park, existing operational and contractual considerations, current and potential uses of the property, and whether opportunities exist for the City and County to work collaboratively to increase the community benefit provided by this resource.

Any discussion would be exploratory in nature and would allow staff to better understand opportunities, limitations, costs, responsibilities, and potential benefits associated with greater City involvement. Because any potential arrangement could involve policy, operational, financial, contractual, or jurisdictional considerations, staff believes it is appropriate to obtain Council direction before dedicating additional staff resources or entering into substantive discussions with the County.
262

Staff would gather information regarding potential options and identify relevant considerations, including governance, maintenance and operations, funding, liability, and existing agreements, capital needs, and potential community uses.

Any specific proposal resulting from those discussions would be brought back to the City Council at a future meeting for consideration and direction. Providing direction to proceed with discussions would not commit the City to acquiring, operating, funding, or otherwise assuming responsibility for Soule Park.

This concept review is intended to determine Council’s interest and provide direction regarding whether the City Manager should engage with the County to further evaluate opportunities to maximize the community benefit of Soule Park.

CITY COUNCIL GOALS ALIGNMENT
Goal No. 3 - Arts, Culture and Recreation Funding

OPTIONS

1. Take no action;

2. Provide alternative direction to staff.

FISCAL IMPACT
There is no direct fiscal impact associated with the requested authorization to initiate preliminary discussion with the County of Ventura.

Prepared by: Norma Cervantes, Assistant to the City Manager 263

Administrative Report
TO: Honorable City Council
FROM: Ben Harvey, City Manager
Lucas Seibert, Community Development Director
MEETING DATE: September 22, 2026
SUBJECT: Amendments to Professional Services Agreements for Building & Safety, Engineering, Code Compliance and
Planning Consultant Services (Operational Need)

RECOMMENDATION

1. Approve and authorize the City Manager to execute:
a. Amendment No. 2 to a professional services agreement with Willdan Engineering for Building Official and Project Compliance Services (Att. A) to extend the term of the agreement for one year through July 31, 2027, and increase the not-to-exceed amount by $425,500 for a new total not-to-exceed amount of $1,047,500, and;
b. Amendment No. 1 to a professional services agreement with Willdan Engineering for Code Compliance/Enforcement Services (Att. D) to extend the term of the agreement for one year through June 30, 2027, and increase the not-to-exceed amount by $150,000 for a new total not-to-exceed amount of $300,000;
OR

2. Direct staff to appropriate funding for six full-time employees which include one Certified Building Official, one Building Inspector, one Plans Examiner, one City Engineer, one Code Compliance Officer, and one Planning Technician (Project Compliance Coordinator).

If option one or two are not selected (or a combination thereof) then:

3. Provide alternative direction to the City Manager.

DISCUSSION
Recommendation No. 1
The Community Development Department requires licensed and/or trained professionals for building and safety, project compliance, code compliance, and planning services.

Contracting with a professional provider allows the City to benefit from trained and 264

experienced personnel along with specialized equipment to ensure the duties are performed efficiently and effectively.

Building Official Services
The City previously approved a professional services agreement for consultant services with Willdan Engineering to provide a Building Official and related services for the period beginning August 1, 2024 through July 31, 2026, with the option to extend the term for up to an additional one-year period and for a not-to-exceed amount of $540,000 (or $270,000 per year) (Attachment B). The City Council subsequently approved an amendment to this agreement to expand the scope of services to include additional resources for provision of project compliance coordinator services along with an updated fee schedule and an increase to the not-to-exceed amount of $622,000. City staff desires to exercise the oneyear extension option to extend the term of the agreement for one additional year and increase the agreement amount by an additional $425,500, for a new total agreement amount of $1,047,500. Of the increased contract amount, $250,000 will be used for building official services (which reflects a $20,000 reduction to the prior years’ proposal), and $175,500 will be used for project compliance services.

This contract was originally the result of a competitive solicitation process. In January, 2024, the Community Development Department solicited a request for qualifications for professional services to secure a qualified professional consulting firm to provide routine professional services. The City received four proposals for building and safety and engineering services. Based on those proposals, Community Development staff conducted interviews with the prospective consulting company staff to narrow the field to ensure the future contract staff would be the right fit for our community moving forward. The consulting companies considered included: Bureau Veritas, VCA Code, Willdan Engineering, and Four-Leaf, Inc. All four of these firms exceeded expectations related to providing building and safety and engineering services. After extensive review and consideration, Willdan was selected out of these four companies to continue service and through a two-year contract.

In December 2025, an operational need was identified to bridge the gap from approved projects with conditions of approval in order to ensure those conditions of approval were met. The project compliance coordinator or conditions of approval compliance officer was created as a contract position to bridge this gap and provide much-needed support with code compliance and planning. The contract position was provided as an amendment to the existing building official services contract through Willdan. The position has been very effective with the position reporting directly to the Community Development Director. Staff is recommending this remain through the 2026/27 budget cycle.

Code Compliance/Enforcement Services
The City also entered into a separate agreement for code compliance/enforcement services with Willdan Engineering for a term of one year beginning July 1, 2025 through June 30, 2026, and a not-to-exceed amount of $150,000. This agreement also allows for the extension of the agreement term upon the mutual agreement of the parties in writing.

Staff recommends that this agreement be extended for one additional year, and that the agreement not-to-exceed amount be increased by $150,000, for a new total not-to-exceed amount of $300,000. Additionally, staff recommends that the hourly rates in the agreement 265

be increased from $70 to $75 per hour.

Willdan was also originally selected to perform code compliance services as a result of a competitive process in 2020. At that time, Willdan’s pricing was significantly lower than the other proposal (and remains lower to this day than the pricing proposed by the other proposer at that time). Staff is recommending to maintain this service through the 2026/27 budget cycle.

The City Manager has directed that staff to prepare a new competitive solicitation for the award of new contracts forbBuilding official services and project and code compliance services prior to the expiration of these contracts if City Council approves these amendments.

Recommendation No. 2
If the City were to create in-house positions, salary and benefits would be comparable to and identified in the chart below:

Note, these are estimates and would need to be further evaluated.

Creating in-house positions would require recruitment, employee onboarding, procurement and maintenance of equipment and supplies (vehicles, equipment/tools, safety gear, and regular maintenance of education), office space, and additional administrative oversight.

By contrast, the contracted model provides flexibility to scale service levels up or down (staffing, work hours) as operational needs change, something more difficult to achieve with a fixed in-house staffing model. Contracted services providers supply trained/licensed and experienced personnel, without requiring the City to invest in ongoing training or expanded supervisory beyond reporting directly to the contracted personnel’s supervisor.

Given these factors, contracting remains the ideal and most cost-effective and efficient approach for the City for the reasons listed above.

With the understanding that the document was prepared by Willdan, Attachment F is an additional opinion of contract vs. in-house services. Should the City Council direct City staff to do so, an independent opinion from a neutral third party could also be obtained for City Council consideration at a future date.

In-House Positions
Position
Annual Base
Salary +
Benefits
Certified Building Official $228,579
Building Inspector $175,116
Plan Checker - Engineer 180,375
City Engineer $333,464
Code Compliance
Officer $173,184
Planning Technician $154,488
TOTAL $1,245,206
266

CITY COUNCIL GOALS ALIGNMENT
Goal No. 9 - Communication and Relationships

OPTIONS

1. Take no action;

2. Provide alternative direction to staff.

FISCAL IMPACT
Funds are budgeted for contracted professional services in the Community Development Departments fiscal year (FY 26/27) in the amount of $300,000 for building & safety professional services, plan checker services, as well as city engineering services. If additional funds are required before the end of the calendar year, staff will request a midyear budget adjustment.

Funds are also budgeted for contracted professional services in Measure C for fiscal year (FY 26/27) in the amount of $250,000 for code compliance officer services.

If the City Council chooses Recommendation No. 3, staff recommends returning with a breakdown of each proposed in-house position (or a combination thereof), responsibilities, inclusion in the salary schedule and the estimated appropriation of approximately $1,245,206 for up to six full-time in-house City employees.

Prepared by: Lucas Seibert, Community Development Director

ATTACHMENT(S)
A – Amendment No. 2 to Willdan Building Official Services Professional Services Agreement B – Willdan Building Official Services Professional Services Agreement C – Amendment No. 1 to Willdan Building Official Services Professional Services Agreement D – Amendment No. 1 to Willdan Code Compliance Services Professional Services Agreement E – Willdan Code Compliance Professional Services Agreement F – Willdan Opinion Contract Vs In-House Services
267
- 1 -
AMENDMENT NO. 2

TO PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES THIS AMENDMENT NO. 2 TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES (“Amendment No. 2”) by and between the CITY OF OJAI, a California municipal corporation (“City”) and Willdan Engineering, a California corporation (“Consultant”) is effective as of the 1st day of August, 2026 (“Effective Date”).

RECITALS
A. City and Consultant entered into that certain Professional Services Agreement for Consultant Services with a commencement date of August 1, 2024 (“Agreement”) whereby Consultant agreed to perform Building Official administrative services, building inspector services, engineering services as they relate to private development, counter assistance, plan checking, and inspection services (“Services”) for two years for a total contract sum of $540,000.00 with the option to extend the Term for up to an additional year.

B. On December 2, 2025, the City Council approved Amendment No. 2 to the Agreement with an effective date of November 18, 2025, to expand the scope of the Services to include project compliance services and increase the not-to-exceed to $622,000.00.

C. City desires to exercise the one-year extension option in order to allow Consultant to continue performing the Services through the period ending July 31, 2027 and to increase the Agreement’s not-to-exceed amount by an additional $250,000.00 for Building Official services and $175,500.00 for Project Compliance Officer services, and adjust Consultant’s rates.

C. City and Consultant now desire to amend the Agreement to: (1) extend the Term of the Agreement for an additional year; and (2) increase the not to exceed amount by $425,500.00 to cover the costs of the Services to be provided during the extended Term, for a total not-toexceed contract sum of $1,047,500.00.

TERMS

1. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in strike through).

A. Section 3.4 is hereby amended as follows:
“Termination Date” means July 31, 20272026.

B. Section 5.2 is hereby amended as follows:

Consultant shall perform the services identified in the Scope of Services.

City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total 268
- 2 -
compensation and costs payable to Consultant under this Agreement exceed the sum of One Million, Forty-Seven Thousand, Five Hundred Dollars and No Cents ($1,047,500.00)five-hundred forty thousand dollars.

Consultant shall notify the City Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above. Consultant shall concurrently inform the City Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the maximum amount payable above.

C. The Approved Fee Schedule is hereby amended to add the following fee schedule for the period covered by this Amendment:

Fee Schedule for Period from August 1, 2026 through July 31, 2027:

Fees for the period from August 1, 2026 through July 31, 2027, shall not exceed a total maximum amount of $425,500.00, including $250,000 for Building Official Services and $175,500.00 for Project Compliance Officer Services.

Title Hourly Rate
Certified Building Official $160
Senior Building Inspector $115
Building Inspector $105
Plan Check Engineer $155
Senior Plans Examiner $140
Plans Examiner $130
CASp Specialist $155
Senior Permit Technician $85
Permit Technician $75
Administrator Assistant $65
Project Compliance Officer $75
Expedited plan review will be billed at 1.35x of our hourly rate. Overtime and holiday inspections will be billed at 1.5x of our hourly rate. Mileage for inspections will be billed at the current IRS Standard Mileage Rate.

Willdan reserves the right to increase rates once per year by up to the 12- month percentage change in the Consumer Price Index (CPI) for the area.

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 2, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 2, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 2 to the Agreement. 269
- 3 -

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment No. 2, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment No. 2, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 2.

5. Authority. The persons executing this Amendment No. 2 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 2 on behalf of said party, (iii) by so executing this Amendment No. 2, such party is formally bound to the provisions of this Amendment No. 2, and (iv) the entering into this Amendment No. 2 does not violate any provision of any other agreement to which said party is bound.

6. Counterparts. This Amendment No. 2 may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Amendment No. 2.

7. Incorporation of Recitals. The recitals stated above are hereby incorporated by reference and made a part of this Agreement as if fully restated herein. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 2 on the date and year first-above written.

CITY:

CITY OF OJAI, a municipal corporation
270
- 4 -
Ben Harvey, City Manager
ATTEST:

Weston Montgomery, Chief Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Bethany A. Burgess, City Attorney
CONSULTANT:

WILLDAN ENGINEERING
By:

Name: Patrick Johnson
Title: Director of Building and Safety
By:

Name:

Title:

Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 271
01436.0001 2195462.2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF VENTURA
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 272
01436.0001 2195462.2

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF VENTURA
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 273
Professional Services Agreement
(City of Ojai / Willdan Engineering)
362526.5

PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES (City of Ojai / Willdan Engineering)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of Ojai, a California municipal corporation (“City”), and Willdan Engineering (“Consultant”) (collectively, “parties”).

2. RECITALS

2.1 City has determined that it requires the following professional services from a consultant: Building Official administrative services, building inspector, engineering services as they relate to private development, counter assistance, plan checking, and inspection services.

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.1 “Approved Fee Schedule” means such compensation rates as are set forth in Consultant’s fee proposal/schedule to City attached hereto as “Exhibit A” and fully incorporated herein by this reference, and as amended by this Agreement. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.2 “City Agreement Administrator” means City Manager Ben Harvey.

3.3 “Commencement Date” means August 1, 2024.

3.4 “Termination Date” means July 31, 2026.

3.5 “Consultant Project Administrator” means Johnny Goetz, Principal Project Manager, Willdan Engineering.
274
Professional Services Agreement
(City of Ojai / Willdan Engineering)
362526.5

3.6 “Liquidated damages” means a set or exact amount of money, or a set formula to calculate the amount of money, consultant will owe if it breaches the Agreement in order to compensate the City for losses.

3.7 “Plan Review Schedule” means the schedule included in the Scope of Services (Exhibit A), on page 9, outlining deadlines for the initial review and subsequent reviews for plan review of residential, commercial, and solar projects.

3.8 “Scope of Services” means such professional services as are set forth in Consultant’s February 29, 2024 proposal to City attached hereto as “Exhibit A” and fully incorporated herein by this reference.

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with Section 18 (“Termination”) below. The term of this Agreement may be extended with a one-year extension by mutual agreement of the parties.

5. CONSULTANT’S SERVICES

5.1 Time is of the essence in Consultant’s performance of services under this Agreement.

5.2 Consultant shall perform the services identified in the Scope of Services. City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of five-hundred forty thousand dollars. Consultant shall notify the City Agreement Administrator, in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above. Consultant shall concurrently inform the City Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the maximum amount payable above.

5.3 Consultant shall perform all work in good faith and with the utmost care, consistent with generally accepted standards of Consultant’s profession and in a manner reasonably satisfactory to City. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of 275
Professional Services Agreement
(City of Ojai / Willdan Engineering)
362526.5

Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.).

5.4 Consultant represents that it has advised City in writing prior to the date of signing this Agreement of any known relationships with third parties, City Council Members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

5.5 During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.

5.6 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Johnny Goetz shall be Consultant Project Administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No other person shall serve as Consultant Project Administrator without City’s prior written consent.

5.7 This Agreement covers professional services of a specific and unique nature.

Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

5.8 Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the City Agreement Administrator and their billing rates identified in the Approved Fee Schedule, Exhibit A. City shall pay Consultant for work performed by its subconsultants (including labor) only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit A. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.
276
Professional Services Agreement
(City of Ojai / Willdan Engineering)
362526.5

5.9 Consultant shall notify the City Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.

5.10 Not Applicable.

5.11 The City shall provide a City vehicle to the Consultant for inspection purposes.

Consultant shall be reimbursed for mileage if the City vehicle is unavailable for any reason. Subject to the City’s written approval, Consultant shall be reimbursed for services provided within this Agreement, including, but limited to, hourly wages for travel to and from the site, lodging and meals per diem, and any overtime pay.

5.12 Consultant may request an increase in the hourly rate annually under the conditions in this Section. Any hourly rate increases shall be proposed in writing to the City.

Then, through good faith negotiations, a rate increase may be considered by the parties and must be agreed to in writing signed by the parties. No annual increase may exceed the Consumer Price Index for Ventura County area + five percent.

5.13 As time is of the essence with this Agreement, the Consultant shall provide initial plan review and subsequent review services by the deadlines identified in the Plan Review Schedule. Plans provided by City to Consultant for plan review services after 12:00p.m. shall be considered submitted the following business day. Plans provided by Consultant to City after 4:00p.m. shall be considered submitted the following business day.

6. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Approved Fee Schedule in full satisfaction for such services.

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for services performed pursuant to this Agreement. Each invoice shall identify the maximum amount payable above, the services rendered during the billing period, the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall include a copy of each subconsultant invoice for which reimbursement is sought in the invoice. 277
Professional Services Agreement
(City of Ojai / Willdan Engineering)
362526.5

6.3 The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

6.4 Payments for any services requested by City and not included in the Scope of Services may be made to Consultant by City on a time-and-materials basis pursuant to the Approved Fee Schedule and without amendment of this Agreement, so long as such payment does not cause the maximum amount payable above to be exceeded.

7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products” herein) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon use or dissemination by City. City shall be solely responsible for any reuse of the written products outside of this Agreement. Consultant may take and retain copies of such written products as desired, but shall not seek to copyright such written products.

8. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.

Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

Under no circumstances shall Consultant look to the City as its employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation, and other applicable federal and state taxes.

9. AGREEMENT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its City Agreement Administrator. City reserves the right to change this designation upon written notice to Consultant. All services under this Agreement shall be performed at the 278
Professional Services Agreement
(City of Ojai / Willdan Engineering)
362526.5

request of the City Agreement Administrator, who will establish the timetable for completion of services and any interim milestones.

10. INDEMNIFICATION

10.1 The parties agree that City, its officers, agents and employees should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any other cost arising out of or in any way related to the Consultant’s negligent performance of this Agreement. Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein. An alleged negligence against the Consultant or its subconsultants shall not trigger the duty to protect the City, its officers, agents and employees.

10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and when the City requests with respect to a claim provide a deposit for the defense of, and defend City, its officers, agents and employees and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors, or anyone directly employed by either Consultant or its subcontractors, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. An alleged negligence against the Consultant or its subconsultants shall not trigger the duty to protect the City, its officers, agents and employees. Such costs and expenses shall include reasonable attorneys’ fees due to counsel of City’s choice, expert fees and all other expenses of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been nonnegligent.

10.3 City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 10 of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws. 279
Professional Services Agreement
(City of Ojai / Willdan Engineering)
362526.5

10.4 The obligations of Consultant under this Section 10 of this Agreement are not limited by the provisions of any workers’ compensation or similar statute.

Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents and employees.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in Section 10 of this Agreement from each and every subcontractor or any other person or entity involved on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its officers, agents and employees from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

10.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply whether or not any insurance policies apply to a claim, demand, damage, liability, loss, cost or expense.

10.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.

11. INSURANCE
280
Professional Services Agreement
(City of Ojai / Willdan Engineering)
362526.5

11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.

11.2 Any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements or limits shall be available to City as an Additional Insured as provided below. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured.

11.3 Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:

11.3.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.

11.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.

11.3.3 Worker’s Compensation insurance if and as required by the laws of the State of California.

11.3.4 Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000).

11.4 Consultant shall require each of its subconsultants to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the City Agreement Administrator may waive the provision of Errors and Omissions Insurance by subconsultants in his or her sole discretion.

11.5 The policy or policies required by this Agreement shall be issued by an insurer authorized to do business in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

11.6 Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this 281
Professional Services Agreement
(City of Ojai / Willdan Engineering)
362526.5

Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.

11.7 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the required coverages are in effect and naming City and its officers, employees and agents as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall file with City’s Risk Manager such certificate(s) and Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing City as an Additional Insured.

11.8 Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages.

11.9 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, and agents as Additional Insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City.

11.10 The insurance provided by Consultant shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees and agents shall be in excess of Consultant’s insurance and shall not contribute with it.

11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.

11.12 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or self-insured retention to guarantee payment of losses and expenses.

11.13 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 10 of this Agreement. 282
Professional Services Agreement
(City of Ojai / Willdan Engineering)
362526.5

11.14 Consultant may be self-insured under the terms of this Agreement only with express written approval from the City.

11.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability.

11.14.2 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

11.15 City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.

12. MUTUAL COOPERATION

12.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

12.2 If any claim, action, or proceeding is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim, action, or proceeding.

13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.
283
Professional Services Agreement
(City of Ojai / Willdan Engineering)
362526.5

14. RECORDS AND INSPECTIONS
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars, all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.

15. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses.

16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing).

If to City:

Ben Harvey
City Manager
401 S. Ventura Street
Ojai, CA 93023
Telephone: 805.646.5581
Facsimile: 805.626.5855
If to Consultant:

Patrick Johnson
Willdan Engineering
13191 Crossroads Parkway North
Suite 405
Industry, CA 91746
With courtesy copy to:
284
Professional Services Agreement
(City of Ojai / Willdan Engineering)
362526.5

Matthew T. Summers, City Attorney
300 South Grand Avenue, Suite 2700
Los Angeles, CA 90071-3137

SURVIVING COVENANTS
The parties agree that the covenants contained in Section 10, Section 13, Paragraph 12.2 and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.

17. TERMINATION

17.1. City may terminate this Agreement for any reason on thirty calendar days’ written notice to Consultant. Consultant may terminate this Agreement for any reason on sixty calendar days’ written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

All City data, documents, objects, materials or other tangible things shall be promptly returned to City upon the termination or expiration of this Agreement.

17.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Section 5.2 above and as otherwise provided in this Agreement.

17.3 Consultant may terminate this agreement by providing City with written notice, at least 90 days in advance of such termination. If this Agreement is terminated by Consultant, Consultant will be compensated for services up to the point of termination, based on the work completed to such date.

18. GENERAL PROVISIONS

18.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis. 285
Professional Services Agreement
(City of Ojai / Willdan Engineering)
362526.5

18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires such substitution(s).

18.4 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party to be charged with the waiver.

18.5 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. The venue for any litigation shall be Los Angeles County, California and Consultant hereby consents to jurisdiction in Los Angeles County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.

18.7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law. 286
287
Professional Services Agreement
(City of Ojai / Willdan Engineering)
362526.5

Attest:

By
Date:_______________________
Approved as to form:

By__________________________________
Matthew T. Summers, City Attorney
Date: __________________________ July 24, 2024
288
“EXHIBIT A”

SCOPE OF WORK
362526.5

289
Professional Services Agreement
(City of Ojai / Willdan Engineering)
362526.5 Page 17 of 17
WORKERS’ COMPENSATION INSURANCE

CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 and 1861:

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract.

DATE: __________________ __________________________________________ (Contractor)
By: __________________________________________
(Signature)
__________________________________________
(Title)
Attest:

By: _____________________________________
(Signature)
_____________________________________
(Title)
290
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 14 The work breakdown structure subdivides the work into manageable segments and is the basis for our project managers’ project control plan. The work breakdown structure is tailored to specific project needs, but generally has typical elements, including codes to identify work segments and engineering disciplines, weekly reports, and project resources schedule.

To monitor labor costs, each person performing work on a project completes a weekly timecard that identifies the project, segment of work, and engineering discipline by code. Man-hour summary reports are developed weekly from the timecards and are issued to our project manager for review. Each project manager then updates the schedule. This simple system provides accountability for Willdan’s payroll, billings, and progress reporting and serves as the basis for all cost-related project management data.

Cost Controls
The budget control system is prepared in accordance with the work breakdown structure. The budget becomes the control against which performance is measured. The budget is time phased by combining project master scheduling data with budget data. Actual costs are compared with budgeted costs and variances analyzed. Deviations between planned and actual cost can then be evaluated to forecast and control future work.

Beginning with electronic timekeeping, project hours are assigned to the appropriate tasks and subtasks and booked as work-in-process. Pre-bill reports are generated that identify the hours to be billed along with any other direct charges to the project. This is the information used to determine each month's invoicing. Once hours and charges are billed, they are shifted from Work-in-Process to Accounts Receivable to ensure that billed hours are inactivated.

Monitoring is easily accomplished through team member progress updates and comparisons between the scope of work, schedule, and budget.

Schedule Controls
A critical path method master schedule will be prepared following the notice to proceed. The schedule will identify major items of work and will be the vehicle for monitoring, controlling, and tracking progress. The schedule will be updated monthly to reflect actual and forecasted completions. This allows our project managers to anticipate and forecast potential issues and develop an advanced strategy to proactively mitigate problems before they impact the schedule. If it is determined that a project is falling behind schedule, project managers meet with the respective team members, identify the problem, and ensure that extra support and effort are expended to bring the project back on schedule. Willdan will keep City staff informed of the overall schedule, including advanced notification of any necessary adjustments or actions to remain on track. Project managers monitor all progress on a weekly basis. 291
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 15 Relevant Experience and References

BUILDING & SAFETY
Building Plan Check, Inspection Services and Permit Technician Services Client Name Client Project Manager Project Dates
City of Rolling Hills Estates
4045 Palos Verdes Dr. North
Rolling Hills Estates, CA 90274
Greg Grammer
City Manager
310.377.1577
[email protected]
1997 – Present
Services Provided
▪ Building Plan Check
▪ Inspection
▪ Permit Technician Outcome: Ongoing
Building Official, Plan Check and Inspection Services
Client Name Client Project Manager Project Dates
City of Sierra Madre
232 W Sierra Madre Blvd.

Sierra Madre, CA 91024
Vincent Gonzalez, Director
Planning & Community Preservation
626.355.4239
[email protected]
1999 – Present
Services Provided
▪ Building Official
▪ Building Plan Check
▪ Inspection Outcome: Ongoing
Building Official and Plan Check Services
Client Name Client Project Manager Project Dates
City of Cudahy
5220 Santa Ana St.

Cudahy, CA 90201
Alfonso Noyola
City Manager
323.773.5143
[email protected]
2012 – Present
Services Provided
▪ Building Official ▪ Building Plan Check Outcome: Ongoing Building Plan Check Services
Client Name Client Project Manager Project Dates
City of Fullerton
303 W. Commonwealth Ave.

Fullerton, CA 92832
Tri Nguyen, CBO, PE
Building Official
714.773.5799
[email protected]
2022 – Present
Services Provided
▪ Building Plan Check Outcome: Ongoing
Building Plan Check Services
Client Name Client Project Manager Project Dates
City of Tustin
300 Centennial Way
Tustin, CA 92780
Mariam Madjlessi, MS, PE, CBO, CASp
Deputy Building Official
714.573.3109
[email protected]
2020 – Present
Services Provided
▪ Building Plan Check Outcome: Ongoing
292
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 16 Building Plan Check and Inspection Services
Client Name Client Project Manager Project Dates
City of Orange
300 E Chapman Ave
Orange, CA 92866
Evan Zeisel, CBO
Building Official
714.744.7201
[email protected]
2020 – Present
Services Provided
▪ Building Plan Check ▪ Inspection Outcome: Ongoing
Building Safety Services
Client Name Client Project Manager Project Dates
City of Loma Linda
25541 Barton Road
Loma Linda, CA 92354
T. Jarb Thaipejr
City Manager
909.799.2810
[email protected]
1980 – Present
Services Provided
▪ Building Plan Check
▪ Building Official
▪ Inspection
▪ CASp
▪ Permit Technician
▪ Stormwater
▪ Grading Plan Review
Outcome: Ongoing
Building Safety Services
Client Name Client Project Manager Project Dates
City of Banning
99 E. Ramsey St.

Banning, CA 92220
Adam Rush
Community Development Director
760.219.2791
[email protected]
2019-Present
Services Provided
▪ Building Plan Check
▪ Building Official
▪ Inspection
▪ CASp
▪ Permit Technician
▪ Stormwater
▪ Grading Plan Review
Outcome: Ongoing
293
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 17 ENGINEERING SERVICES
Land Development Project Management/Plan Check/On-Call Civil Engineering Client Name Client Project Manager Project Dates
City of Calabasas
100 Civic Center Way
Calabasas, CA 91302
Robert Yalda
Public Works Director/City Engineer
(818) 224-1670
[email protected]
2007-Present
Services Provided
▪ Civil Engineering
▪ Land Development Plan Check
▪ Subdivision And Map Checking
▪ Soils And Geological Review and Inspection
▪ Land Surveying and Special Studies Review
Outcome: Ongoing
Land Development Plan Check
Client Name Client Project Manager Project Dates
City of Ventura
501 Poli Street
Ventura, CA 93001
Chandra Chandrasker
Senior Civil Engineer
(805) 654-7714
[email protected]
2014-Present
Services Provided
▪ Land Development Plan Check
Outcome: Ongoing
Land Development Plan Check
Client Name Client Project Manager Project Dates
City of Ridgecrest
100 W. California Ave.

Ridgecrest, CA 93555
Travis Reed
Public Works Director/Acting City Engineer
(760) 499-5080
[email protected]
2011-Present
Services Provided
▪ Land Development Plan Check
Outcome: Ongoing
As-Needed Engineering Services
Client Name Client Project Manager Project Dates
City of Paramount
16400 Colorado Avenue
Paramount, CA 90723
Adriana Figueroa
Director of Public Works
(562) 220-2020
[email protected]
1978-Present
Services Provided
▪ Civil Engineering
▪ Structural Engineering
▪ Traffic and Transportation Engineering
▪ Electrical Engineering
▪ Mechanical Engineering
▪ Geotechnical Engineering
▪ Environmental Planning
▪ Utility Investigation and Locating
▪ Landscape Architecture
▪ Geographic Information System (GIS)
▪ Engineering Design Review
▪ Staff Support Services
▪ Land Survey and Mapping
▪ Construction Management & Inspections
▪ Labor Compliance
▪ Grant Funding Administration
▪ Grant Writing
Outcome: Ongoing
294
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 18 As-Needed Engineering Services
Client Name Client Project Manager Project Dates
City of Inglewood
One Manchester Boulevard
Inglewood, CA 90301
Peter Puglese
City Principal Traffic Engineer
(310) 412-5333
[email protected]
2003-Present
Services Provided
▪ Civil Engineering
▪ Structural Engineering
▪ Traffic and Transportation Engineering
▪ Electrical Engineering
▪ Mechanical Engineering
▪ Geotechnical Engineering
▪ Environmental Planning
▪ Utility Investigation and Locating
▪ Landscape Architecture
▪ Grant Funding Administration
▪ Grant Writing
▪ Engineering Design Review
▪ Staff Support Services
▪ Construction Management and Inspections
▪ Labor Compliance
▪ Survey/Right-of-Way/Map Check
Outcome: Ongoing
As-Needed Engineering Services
Client Name Client Project Manager Project Dates
City of La Puente
15900 East Main Street
La Puente, CA 91744
John DiMario
Development Services Director
(626) 855-1517
[email protected]
1996-Present
Services Provided
▪ Civil Engineering
▪ Traffic Engineer
▪ Public Works Permits/Inspection
▪ Development Review
▪ CIP Design
▪ CIP Construction Support Services
▪ Grant Writing and Application
▪ Grant Funding Administration
▪ Storm Water/Drainage/NPDES Program
▪ Survey/Right-of-Way/Map Check
▪ Landscape Architecture
▪ Utility Investigation and Locating
▪ Landscape Architecture
▪ Infrastructure Operations and Maintenance
▪ Subcontractor/Subconsultant Procurement and
Management
▪ Encroachment Permit and Inspection
▪ Architectural Services
▪ Environmental Engineering/Documentation
▪ Construction Management and Inspections
▪ Labor Compliance
Outcome: Ongoing
295
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 19 Attachments
Per the City’s response, the letter regarding the Professional Services Agreement and Disclosure of Employee Relationships and Financial Interests and Certificate of Non-Discrimination are not required to be submitted. 296
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 20 Fee Proposal
297
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 21 298
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 22 299
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 23 300
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 24 301
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 25 302
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 26 Appendix
The following pages contain comprehensive resumes for our proposed key team. 303
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 27 BUILDING & SAFETY RESUMES
304
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 28 Patrick Johnson, PE, CBO
Director of Building and Safety
Profile Summary
Education: University of Iowa, Iowa City, IA
Bachelor and Science, Structural Engineering
California State Polytechnic University-Pomona
Master of Engineering
Registration: California Professional Engineer, CE#67960 Arizona Professional Engineer, CE#50435
Colorado Professional Engineer, CE#43704
Nevada Professional Engineer, CE#20699
ICC Building Official
ICC Plans Examiner
ICC Building Inspector
Experience: 22 Years
Mr. Patrick Johnson has 22 years of construction and engineering experience and is a registered engineer specializing in lightweight commercial, industrial, and residential structures. He has plan checked several tilt-up warehouse buildings up to 2.3 million square feet and numerous structures consisting of braced and moment frames for lateral resistance, prestressed concrete structures, and multi-story buildings up to six stories in height.

As Director of Willdan’s Building and Safety Division, Mr. Johnson is responsible for overseeing all Building and Safety services company-wide as well as providing structural plan review. He has attended code enforcement and seismic application seminars and has received his Master of Engineering degree, specializing in structures, from California State Polytechnic University. Patrick has served as acting building official for the cities of Big Bear Lake, Loma Linda, and Rancho Mirage. He has served as a forensic engineer responsible for justifying probable causes of structural damage caused by expansive soils.

As a project manager for Willdan’s On-call Building Official and Building and Safety Services contracts, Mr.

Johnson works with City managers to plan, organize, direct, and administer the activities of their Building and Safety Departments, including building inspections; inspection of construction; and general rehabilitation or repair of commercial, residential, and industrial properties. He has overseen reviews of building plans, calculations, and specifications for proposed structures; administered building and safety code enforcement; and reviewed construction plans to ensure they meet building codes and zoning regulations. Mr. Johnson also oversees inspectors monitoring construction sites to determine whether structures and systems have been installed to meet all construction codes and ordinances for public safety.

Relevant Project Experience
Building Official Services, Cities of Banning, Big Bear Lake, Highland, Loma Linda, March JPA, and Rancho Mirage, CA. Building Official. Responsible for working directly with the City Manager to plan, organize, direct, and administer the activities and operation of the Building and Safety Department, including building inspections, inspection of construction, and the general rehabilitation or repair of commercial, residential and industrial properties. Oversee the review of building plans, calculations and specifications for proposed structures. As the administrator of Building and Safety, approve all construction plans to ensure they meet building codes and regulations. Inspect and monitor construction sites to determine if structures and systems are installed to meet all construction codes and ordinances for public safety. Supervise, train, and evaluate and; monitor and coordinate work. Oversee staff engaged in the preparation and maintenance of records of plans, inspection processes, letters and reports prepared or used in connection with building inspections; respond to questions from property and building owners; and interpret codes.
305
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 29 Johnny Goetz, CBO
Building & Safety Lead
Profile Summary
Education: University of California, Los Angeles
Project Management
Registration: ICC Building Official
ICC Building Inspector
ICC Commercial Building Inspector
ICC Residential Building Inspector
CALGreen Inspector
Certified Sustainability Professional
OSHA 10 and 30-hour Certified
FEMA 100, 200, 700, & 800 Certified
Experience: 27 Years
Mr. Johnny Goetz is an experienced construction industry executive with a strong history of timely execution of large-scale initiatives involving many stakeholders. He is a seasoned leader having supervised teams of inspectors, project managers, architects, engineers and designers with strengths in communication, management of customer relationships, strong budget oversight and control, and a deep knowledge of building, state, and local codes.

Relevant Project Experience
Director of Operations, Woodland Hills, CA. Mr. Goetz managed the construction, renovation and capital improvements process for projects ensuring on budget and timely completion. He was responsible for improving on time performance and programs. He has a standard use of internal tracking system (naming conventions, QA/QC processes) and established a standard comment letter template to be used by all offices and was responsible for writing city / council reports. Mr. Goetz mentored and trained early staff and establish and a new client kick off document to be used by all offices. He was the direct report for all offices and support staff as needed. Mr. Goetz attended weekly jurisdictional meetings and was responsible for attending all CALBO, AZBO, EDU Code, and ICC Code hearings and ABM’s.

Chief Building Official/Senior Plans Examiner, Woodland Hills, CA. Mr. Goetz managed the construction, renovation and capital improvements process for projects ensuring on budget and timely completion. He was responsible for doing plan review on a variety of projects. He was the in-house Building Official for multiple cities; performed Business Development as required; responsible for training in house inspection staff; responsible for writing city / council reports; attended weekly jurisdictional meetings; and was responsible for attending all CALBO.

Municipal Experience
Town of Truckee; Town of Mammoth Lakes; Mammoth Lakes Fire Department Served as the Chief Building Official for the Town of Truckee from2013–2018. Wasresponsible for daily activity within the Building Division including permit issuance, plan check, inspections, and code compliance activity. From 2003–2013 served as the Assistant BO/Solid Waste Coordinator for the Town ofMammoth Lakes where responsibilities included oversight of permit issuance, plan check, and inspection as well as supervision ofthe Building Division Budget and Code Compliance Workgroup coordination. Furthermore, was an Engineer with the Mammoth Lakes Fire Department from2005–2013.
306
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 30 Eric Simonson, CBO
Plan Check Engineer | Inspector
Profile Summary
Education: Aspire College, Sacramento
Registration: ICC Building Official # 5107388-CB
ICC Building Inspector # 5107388-B3
ICC Plans Examiner # 5107388-B5
ICC Certified Journeyman Electrician # 000-12-8337
Accessibility Inspector/Plans Examiner # 5107388-21
California General Contractor License # 774476
Experience: 23 Years
Mr. Eric Simonson has over 23 years of experience in the construction industry. He is a seasoned Chief Building Official with extensive community development experience. Mr. Simonson values integrity, initiative, fiscal responsibility, focus and experience.

Relevant Project Experience
Construction Building Inspector, Building Services Manager, Placer County (Auburn and Tahoe, CA), Placer County Community Development Resource Agency. Major Functions: Management of the Building Services Division programs and operations in both Auburn and Tahoe offices. Serve as acting Deputy Director in the absence of the Director. Building design, construction, inspection, plans examination, permit application, code compliance and enforcement, and cannabis regulation.
• Daily oversite of the Building Services Division.
• Development and implementation of the division’s work plan, goals, objectives, policies, and procedures. • Prepares budget and controls expenditures.
• Technical advisor to internal County staff, management, and external organizations on building, fire, and code compliance policies.
• Develop and maintain workflow for plan check operations • Residential and Commercial building inspection; train and mentor inspectors • Appointment and development of personnel; provide and coordinate staff training; conduct performance evaluations.
• Serve as County liaison with other regulatory agencies, Special Districts, Fire Departments, Sheriff Office.

Assistant Community Development Director/Building Official, City of Watsonville, CA. Major Functions: To provide support and assistance to the Community Development Director in planning, organizing, coordinating and directing the functions of the City's Community Development Department, in the administration and maintenance of the City's General Plan, Zoning Ordinance and other development regulations; in overseeing the issuance of all permits and approvals for private construction and land development; and in serving as the City of Watsonville Chief Building Official.
307
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 31 Margo Markova, EIT
Plans Examiner I
Profile Summary
Education: Saint Petersburg State University of Architecture and Civil Engineering BS in Civil Engineering
Registration: Engineer-in-Training #176327
Experience: 1 Year
Ms. Margo Markova is a Willdan Engineering plans examiner with 1 year of experience. Ms. Markova’s experience includes plan review of numerous projects in compliance with the California Building, Plumbing, Mechanical, Energy, Green Building and Electrical Codes. Margo reviews solar plans submitted to our electronic plan review portal and is able to complete the reviews within one – two days from date of submission.

Relevant Project Experience

PLAN CHECK
Margo Markova’s experience includes plan review of numerous projects in compliance with the California Building, Plumbing, Mechanical, and Electrical, Green Building, and Energy Codes. Plan check projects include single and multi-family homes, storage racks, solar plans. 308
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 32 Stefan Chiose, PE
Plan Check Engineer
Profile Summary
Registration: Professional Engineer, California No. 82816 ICC Certified Plan Examiner
ICC Certified Fire Sprinkler Plan Examiner
Experience: 12 Years
Mr. Stefan Chiose has 12 years of experience in project management and engineering, with A&E firms and local government. He is experienced in performing technical analyses of plans, specifications, and reports; and reviewing documents for completeness, accuracy, and conformance to applicable codes, ordinances, and national standards.

Relevant Project Experience
City of Newport Beach, Newport Beach, CA. Structural Engineer. Reviewed construction drawings plans, commercial and residential architectural and structural plans, and disabled accessibility plans for compliance with the California Standard Building Codes. Prepared correction letters to document deviations in submittals and provided applicants with recommendations to meet minimum code requirements. Also responded to questions from architects, engineers, and owners regarding codes and other issues with projects, both over the phone and at the public counter.

Consulting Engineer, Irvine, CA. Project Engineer. Was responsible for engineering and construction administration. Worked to plan projects, establish project criteria, coordinate project reviews, and ensure the proper implementation of project elements. Cooperated and communicated with project managers and other project participants and collaborated with senior engineers to create more efficient project methods and to maintain the project's profitability. Reviewed the engineering tasks and initiated the necessary corrective actions.

Consultant Structural Engineering, Irvine, CA. Project Engineer. Was responsible for structural engineering accurately calculating the required stress load of infrastructure to ensure that they were safe and stable for daily use. Was also responsible for project coordination – tracking performance and analyzing the completion of key goals.

Structural Engineering, La Jolla, California. Structural Engineer Intern. Supported design leads for seismic analysis and structural calculations. Conducted basic structural analysis and design of projects of all material types (steel, concrete, masonry, and wood. Assisted in the review of plans and specifications. 309
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 33 Aaron Cowen, PE
Plan Check Engineer
Profile Summary
Education: California State University-Long Beach, BS Civil Engineering Registration: California Professional Engineer, CE#58878 ICC Plans Examiner
Experience: 29 Years
Mr. Aaron Cowen, a registered Civil Engineer in California, is a Plan Check Engineer for the Building and Safety Division. Aaron has more than 29 years of experience in the engineering field including design, drafting and plan check experience.

Mr. Cowen’s experience includes the design of wood structures, cantilevered concrete decks, thin-wall concrete shells, retaining walls, foundation systems, and design calculations.

Prior to joining Willdan, Mr. Cowen’s previous engineering experience includes the position of Senior Engineer with a Southern California engineering firm. In this capacity, he was design lead on numerous projects; provided on-site field inspections; and was responsible for the management and administration of all engineering data and information.

Relevant Project Experience

PLAN CHECK
• City of Rosemead
• City of Goleta
• City of Moreno Valley
• Morongo Band of Mission Indians
• City of Canyon Lake
• City of Rialto
• City of San Bernardino
• City of Norco
• City of Highland
• City of Loma Linda
• City of Grand Terrace
310
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 34 Ted Beckwith, PE, SE
Plan Check Engineer
Profile Summary
Education: BS, Civil and Structural Engineering, California State University, Fullerton, CA Certificate in Construction Technology, Riverside Community College, Riverside, CA Registration: Registered Structural and Civil Engineer
ICC Certified Building Official
ICBO and ICC Certified Plans Examiner
Experience: 37 Years
Mr. Ted Beckwith is a Willdan Engineering senior plans examiner with 37 years of experience. Mr. Beckwith is experienced in reviewing complex plans for the construction of K-12 public schools and community colleges and performing counter review of minor projects.

Relevant Project Experience
California Division of the State Architect, Riverside, CA. Senior Structural Engineer (Lead). Managed the daily operations of the Riverside Satellite office associated with the San Diego Regional Office. Review complex plans for the construction of K-12 public schools and community colleges. Perform counter review of minor projects.

Review of changes to approved plans in the form of addenda, revisions and change orders. Review of deferred submittal documents including, but not limited to, fire sprinklers and curtain wall glazing. Assist the design professionals in providing designs that are not only code compliant but economical. Work with architects, engineers, and school districts to obtain compliance with California. Building Code, especially during design development to achieve better buildings.

Willdan, San Bernardino, CA. Supervising Plan Check Engineer. Managed the staff of plan check engineers and developed staff and training programs. Worked in a fast-paced environment on plan review of many complex projects. Resolved issues with permit applicants on code interpretation and application to their project with forward thinking. Trained junior-level staff in the application of the adopted codes in the review of plans.

Protectively worked with architects, engineers, contractors and owners to obtain compliance with the adopted codes of the state and more than 20 Building Departments. Prepared technical reports for the consideration of the local building official on matters of interpretation and administrative modifications of the building codes.

Proficient in Fire Life Safety, Disabled Access, Structural, Energy Compliance, Electrical, Plumbing and Mechanical review as well as Building Department Administration.

Scott Fazekas & Associates, Irvine, CA. Supervising Plan Check Engineer. Managed the staff of plan check engineers. Worked in a fast-paced environment on plan review of many complex projects. Prepared technical reports for the consideration of the local building official on matters of interpretation and administrative modifications of the building codes to effectively apply the code. Resolve issues with permit applicants on code interpretation and application to their project. Protectively worked with architects, engineers, contractors and owners to obtain compliance with the adopted codes of the state and more than 20 Building Departments.

Proficient in Fire Life Safety, Disabled Access, Structural, Energy Compliance, Electrical, Plumbing and Mechanical review as well as Building Department Administration.
311
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 35 Rouhi El-Rabaa, PE, CASp
Plan Check Engineer
Profile Summary
Education: Bachelor’s in Civil Engineering
California State University, Los Angeles
Registration: California Professional Engineer, CE#92565 ICC Plans Examiner Certificate #8868081
Experience: 8 Years
Mr. Rouhi El-Rabaa is a Willdan Engineering Building Plan Check Engineer with 8 years of experience. Mr. ElRabaa is a skilled professional accustomed to playing a vital role in civil engineering cycles. Highly trained in responding to the public, contractors, and design professionals. Experience includes; structural design and analysis, commercial, accessibility, and residential plan checking, structural calculation review, exceptional customer service, and building and municipal code enforcement.

Relevant Project Experience
Plan Check Engineer, Willdan Engineering, San Bernardino, CA. Rouhi is responsible for the following tasks:

Conduct full-scope plan reviews for various disciplines, including; architectural, structural, fire-resistive, accessibility, energy, MEP, and green. He is highly experienced in reviewing the following types of buildings; single-family and multi-family residential, tract homes, hotels, OSHPD 3, industrial, commercial, assembly, factorybuilt, mixed-use, and miscellaneous. Rouhi is also responsible for technical structural calculation review for regular and irregular multistory buildings, podium structures, irregular diaphragms, offsetshearwalls, tilt-up construction, and freestanding structures. He trainsstaff to recognize proper non-structural and structural design methodologiesin plan checks; prepares correction notices to applicants as hardcopy or electronic correspondence; does design coordination meetings with design professionals and permit applicants; and researches and looks to implement latest developments in industry standards.

Plans Examiner, City of Redlands, Redlands, CA. Plan checked and reviewed the structural design of residential and commercial projects. Ensured that minimum code was established in the plan review stage. Resolved difficult problems with permit applicants and other members of the public regarding building code requirements and City regulations. Coordinated Division processes. Undertook or recommended changes to the processes in order to facilitate Division operations. Supervised, trained, and evaluated permit issuance staff. Prepared and issued comment letters to building permit applicants. Advised of resubmittal guidelines which would lead to approval.

Prepared and categorized files, reports, and methods to record Division activities and procedures.

Graduate Structural Design Engineer, Arcadis Design & Consultancy, Doha, Qatar. Oversight of a large portion of five underground railway stations. Ensured alongside the project manager that all design and shop drawings were reviewed and issued to meet client standards and deadlines. Scheduled and monitored the progress of a large team of CAD technicians. Provided dependable engineering and project resourcing resolution in a fast-paced design-build atmosphere. Executed in-house plan checking and design checking. Established design conformance in line with all issued design development and shop drawings. Responded to contractor RFI’s. Attended construction meetings and negotiated the feasibility of key delivery dates with the client. Collaborated with contractors, architects, MEP and site engineers to achieve a common directive. Performed detailed review of reinforced concrete structural calculations and advised alternative approaches. Sketched complex concrete steel reinforcement details to be used as expeditious blueprints for urgent site remediation. 312
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 36 Carl Wilson, PE
Plan Check Engineer
Profile Summary
Education: B.S, Civil Engineering, University of New Haven, Connecticut Registration: California Professional Engineer, CE#32340 ICC Plan Examiner
Experience: 36 Years
As a Plan Check Engineer for Willdan, Mr. Carl L. Wilson, PE, possesses extensive structural and life safety plan checking experience. He is responsible for the complete plan checking for various projects, including complex commercial, industrial, institutional, and residential. He is responsible for all plan check phases, including coordination, scheduling, rechecking, code interpretation, and communicating and meeting with applicants.

Relevant Project Experience
City of Rolling Hills Estates, Building Plan Check, 608 Silver Spur – Mr. Wilson was the Plan Check Engineer who provided as-needed building plan review services for the existing building.

City of Maywood, Building & Safety Plan Check - Provide building and safety plan check services. Review private developments in accordance to adopted building, plumbing, mechanical, electrical, disabled access and energy codes.

City of Rolling Hills Estates, Building Plan Check, 627 Deep Valley – Mr. Wilson was the Plan Check Engineer who provided building code plan review services for commercial developments on 627 Deep Valley.

City of Rolling Hills – Plan Checker - Mr. Wilson is providing building plan check and grading plan check services for this assignment.

County of Los Angeles Department of Public Works – Plan Check Engineer – Mr. Wilson is providing as-needed building plan check services that include architectural, life-safety, structural, energy, disabled access, plumbing, mechanical, electrical and grading.

Mr. Wilson has provided plan check services for the following types of facilities:
▪ city hall remodels
▪ unusual retaining wall and foundation systems
▪ fire and police station facilities
▪ seismic upgrade of hospitals and public facilities
▪ health care facilities
▪ large multi-use casino/assembly occupancies
▪ large religious/church facilities
▪ senior citizen centers and senior housing
▪ hillside and beachfront custom homes
▪ multi-story (hi-rise) hotel facilities
▪ multi-story parking structures
▪ unreinforced masonry seismic upgrade plan checking
▪ wave uprush and coastal protective methods
▪ and many types of low-rise wood frame structures
313
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 37 Daren Raskin, PE, CBO
Plan Check Engineer
Profile Summary
Education: California State Polytechnic University-Pomona BS Engineering
Registration: California Professional Engineer, CE#57577 ICC Plans Examiner
ICC Building Official
Experience: 24 Years
Mr. Daren Raskin serves as Supervising Plan Check Engineer for Willdan. Daren possesses experience with design of various multi-story structures, shopping centers, commercial buildings, parking structures, and residential units.

He has organized, scheduled, and supervised staff of engineers, draftsmen, and technicians. Mr. Raskin's expertise encompasses knowledge of all major building materials, including cold-formed steel, structural steel, concrete, and masonry as well as design of specialized systems of corrugated cold-formed shear walls, concrete shear walls, masonry shear walls, structural steel moment frames, braced frames and rigid diaphragm analysis. Mr. Raskin’s previous engineering experience in structural design, analysis, and calculations for the repair of fire-damaged residential and commercial buildings, room additions, and custom homes and ensuring structural drawings met design and code requirements.

Relevant Project Experience
On-Call Plan Review and Inspection Services, City of San Bernardino, California. Plans Examiner responsible for plan reviews of multi-story office buildings, commercial buildings, retail outlets, single-family residences, medical facilities, educational facilities and multi-family residential developments.

On-Call Plan Review and Inspection Services, City of Rialto, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, City of Loma Linda, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, City of Moreno Valley, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, County of San Bernardino, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, March Joint Powers Authority, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments in connection with the development of former March Air Force properties.

On-Call Plan Review and Inspection Services, County of Riverside, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, City of Beaumont, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

Dundee Residence Hall and Glasgow Dining Hall, University of California, Riverside, California. Plans Examiner responsible for plans reviews of improvements designed for the two halls.

On-Call Plan Review and Inspection Services, City of Norco, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments.

On-Call Plan Review and Inspection Services, City of Highland, California. Plans Examiner responsible for plan reviews of residential, commercial, and industrial developments. 314
City of Thousand Oaks
Proposal/Qualifications for Professional On Call
Consultants – Community Development 38
John Joseph
Senior Building Inspector
Profile Summary
Education: A&P Mechanic Certificate of Graduation, Orange Coast College, Costa Mesa, California Registration: ICC and UBC Full Commercial/Residential Combo Licenses -- Building, Electrical, Mechanical, and Plumbing, #5093048
ACI Concrete Field Tech License, #01029090
Experience: 19 Years
Mr. John Joseph is a Willdan Engineering senior building inspector with 19 years of experience. Mr. Joseph managed and supported residential construction functions and performed detailed inspections. He consistently achieved and exceeded established deadlines while ensuring strict attention to detail; maintained thorough and contemporary industry knowledge. Mr. Joseph maintained high standards of quality and productivity to ensure successful inspections and project completion; recruited, trained, and promoted professional development of staff.

Relevant Project Experience
County of Los Angeles, Public Works - La Puente District Office, CA. Contract Residential/Commercial Senior Combination Building Inspector. Conduct new home, ADU, residential remodeling, and commercial T.I. inspections. Inspections include pre-foundation, wood/steel framing, welding, MEPS, fire, stucco systems, roofs, new pools, demos, and utility change-outs. Also given building red/yellow tagging duties. Also assisted with the implementing of the "paperless" transition with vast experience with IG Inspect and EnerGov on the iPad along with field training with other County and non-County Inspectors.

City of Costa Mesa, Building and Safety - Costa Mesa, CA. Residential/Commercial Combination Building Inspector. Assigned in training of new residential inspectors. Weekend 24 hour on-call duties with damage building reporting. Organize training seminars that Costa Mesa hosts with other jurisdictions. Inspection scheduling duties for all inspectors for the next business day. Work with all other related dept's in resolving Building Department issues (Planning, Public Works, Code Enforcement). Left in charge when supervisor is on vacation.

City of Irvine, Building and Safety -- Irvine, CA. Contract Residential/Apartment Senior Building Inspector.

Conduct new home/apartment and residential remodel construction inspections. Inspections include prefoundation, wood/steel framing, welding, MEPS, fire, stucco systems, roofs, new pools and demos, utility changeouts, encroachments, and code enforcement duties. Also performed witness duties for court proceedings.

Communicate with superintendents on repair techniques and rework verifications. Assist city planners with plan verification on property setbacks and easements. Cover and maintain multiple territories when others are off.

Supervisory duties when on vacation including scheduling and timesheet verification. 315
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 39 Stephanie Spieler, CBI
Supervising Building Inspector
Profile Summary
Education: University of Kentucky, Bachelor of Arts
Registration: ICC Certified Building Inspector # 5060566 3-M Fire Protection Products Certificate of Completion
Experience: 11 Years
Ms. Stephanie Spieler is a Supervising Building Inspector with extensive experience in providing all types of residential and commercial combination building inspections. Ms. Spieler is available to provide building inspection services to our Santa Barbara County clients.

Relevant Project Experience
City of Goleta, California. Building Inspector. Responsible for building, electrical, plumbing and mechanical inspections as well as grading and NPDES inspections. Ms. Spieler also assists the permit technician in providing permit and plan check information at the public counter and in issuing permits.

County of Santa Barbara, California. Permit Technician/Building Inspector. Ms, Spieler began her County Career as permit technician and was responsible for plan check intake and permit issuance. She was promoted to Building Inspector and was responsible for combination building inspections as well complaints and investigations.

Land Use Planners. Administrative Assistant. Responsible for project management and permit acquisition 316
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 40 David Webster
Senior Building Inspector
Profile Summary
Education: Construction Management, California State University, Chico, CA AS, Building Inspection Technology, Butte College, Oroville, CA Registration: ICC Building Inspector
ICC Plumbing Inspector
ICC Mechanical Inspector
ICC Electrical Inspector
ICC Commercial Combination Inspector
ICC Combination Inspector
ICC Accessibility Inspector/Plans Examiner
ICC Building Plans Examiner
ICC Reinforced Concrete Special Inspector
ICC Special Inspector Structural Masonry
ACI Concrete Field-Testing Technician – Grade I
Experience: 26 Years
Mr. David Webster has extensive experience in building inspection of residential and commercial construction projects, schools and medical facilities. He recently served as a FEMA contractor providing inspections of major hospitals in Puerto Rico during the Hurricane Maria recovery effort. He also served as an instructor for Contractor State License School located in Sacramento, providing part time instruction for ICC–IBC/IRC classes. Mr. Webster is available to assist our Northern California clients.

Relevant Project Experience
Inspector of Record, Gerber Unified Elementary School District, Gerber, California. Provided DSA Certified Inspection in accordance with the requirements of the California Building Code, Title 24, for the $2.5 million Gerber School-wide Modernization Project. Project included new mechanical, electrical, fire alarm, and communication systems. Project also included structural seismic upgrades to existing school buildings and accessible upgrades to restrooms, walkways, ramps, and kitchen.

Quality Control Engineer, Hensel Phelps Construction Co., San Jose, California. Provided Quality Control Engineering for the startup of the $800 million San Jose International Airport Terminal Area Improvement Program. Major program elements included: $97 million modification to existing Terminal A; $105 million New Terminal B; $42 million Baggage Systems in Terminals A & B; $22 million Modification and partial Demolition of Terminal C; $230 million Consolidated Rental Car Facility; $125 million Roadway Improvements; and the $19 million completion of the North Concourse.

Senior Construction Inspector, PB Americas, Inc., San Francisco, California. Provided ICC-Certified Inspection as a Senior Construction Inspector for the $104 million Sam Trans Facilities Maintenance Project in San Jose, California.

Duties included punch list and close out inspections for the 4-story maintenance and administration building; train wash station; all roads and underground utilities; underground maintenance tunnel; all tracks (yard, shop, and storage); loading and receiving building; waste oil/water storage building; oil/water separator building.

Inspector of Record, Palermo Union Elementary School District, Palermo, California. Provided DSA Certified Inspection for the new $4.5 million Golden Hills Elementary School. Project included all bridges, roadways, and underground utilities (fire and domestic water, electrical, sewer, and storm drains). Project included installation of 14 new relocatable classroom buildings, 2 new relocatable administrative buildings, and 1 new relocatable restroom building.
317
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 41 James Swanson, CBO, CASp
Senior Building Inspector
Profile Summary
Education: AA, Santa Rosa College, Santa Rosa, CA
Certificate, Telecommunications Management, Sacramento State University, Sacramento, CA Registration: ICC Certified Building Official; ICC Accessibility Inspector/Plans Examiner; ICC Plumbing Inspector; ICC Combination Inspector; ICC Combination Inspector – Uniform Codes; ICC Mechanical Inspector; ICC Electrical Inspector; ICC Building Inspector; ICC Building Plans Examiner; ICC Permit Technician Building Inspector -UBC; Building Plans Examiner – UBC
Certified Access Specialist (CASp)
Emergency Medical Technician – Basic; American Heart Association CPR Instructor Experience: 19 Years
Mr. James Swanson is a Willdan Engineering inspector with more than 19 years of experience. Mr. Swanson’s experience includes plan review of numerous projects in compliance with the California Building, Plumbing, Mechanical, and Electrical Codes as well as providing inspections for residential, commercial and industrial buildings. Mr. Swanson also has extensive experience in CASp-related services including inspections for accessibility compliance.

Relevant Project Experience
Building Inspector/Plans Examiner, County of Sacramento. Inspect Non-Residential structures for compliance to appropriate Accessibility Codes. Plan check and approve Non-Residential Accessibility Plans.

Supervising Building Inspector/Plans Examiner, County of Nevada. Inspect Residential and Non-Residential structures for compliance to appropriate Building Codes. Supervise a crew of 6 (Building Inspectors, Plan Checkers and Clerical Staff). Plan check and approve customer plans.

Willdan Engineering, City of Scotts Valley. Inspect Residential and Non-Residential structures for compliance with appropriate Building Codes. Plan check and approve customer plans.

Chief Building Official, Stanislaus County, City of Patterson. Inspect Residential and Non-Residential structures for compliance with appropriate Building Codes. Supervise a crew of 6 (Building Inspectors, Code Enforcement and Clerical Staff). Designate Occupancy Classification for Hazardous Materials (Work with procedures and policies to ensure classification and containment of Hazardous Materials). Plan check and approve customer plans. Prepare various reports for Managers and City Council. Provide training for various code changes for internal and external customers. Work collaboratively with Building Officials, allied agencies (i.e., Stanislaus County Fire Department, PG&E) and contractors to resolve code interpretation and other issues identified during inspections. Basic knowledge of hazardous material rules and regulations and enforcement within California (Website review for regulation information). Basic knowledge of fire codes and placarding (Volunteer Firefighter I, EMT).

Sr. Building Inspector, El Dorado County, South Lake Tahoe Office. Inspect Residential and Non-Residential structures for compliance to appropriate codes. Supervise a crew of 3-6 inspectors and clerical staff. Work with Certified Unified Program Agency (CUPA) personnel (Inspected auxiliary power facilities at remote / mountain top cell sites). Plan check and approve customer plans. Prepare various reports for Managers and the Board of Supervisors. Provide training for various code changes for internal and external customers. Work with allied agencies and contractors to resolve issues identified during inspections. 318
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 42 Patrick Popejoy
Senior Building Inspector
Profile Summary
Education: AA, Santa Rosa College, Santa Rosa, CA
Certificate, Telecommunications Management, Sacramento State University, Sacramento, CA Registration: Division of the State Architect, California: Inspector of Record License #2378 International Code Council Legacy Inspector License #859622 International Code Council Certifications: Reinforced Concrete #25672; Pre-Stressed Concrete; #15898; Structural Masonry #23812; Structural Steel and Welding #29537
American Concrete Institute (ACI) Concrete Tech. Grade 1 Troxler Nuclear Gauge Certification
OSHA-29 CFR-192L Health and Safety Training: Aerial Lift/Scaffold Safety, Defensive Driving, Fall Protection, Hazard Communication, Excavation Safety Course
Experience: 30 Years
Mr. Patrick Popejoy has over 30 years of experience in Project Management and Construction Inspection. He is qualified for monitoring earthwork observation and testing, and inspections of plumbing, electrical, mechanical, HVAC, ADA, framing, roofing, fire alarms, batch plant inspections, reinforced concrete, pre-stressed concrete, structural masonry, and field/shop welding. He has extensive experience with multi-story structural steel, masonry and concrete buildings including -schools, hospitals, military, power plants and subdivisions. Mr. Popejoy has experience with soil testing from conception to completion. He has supervisory experience with project overview and has worked with sub-contractors, design teams, and building officials. He maintains a working knowledge of various building codes, Title-24, and regulations.

Relevant Project Experience

DSA SCHOOL PROJECTS
• Christopher High School - Gilroy, California. New campus Assistant IOR $90 Mil - #01-108756 • Bancroft Middle School - San Leandro, California. Modernization. IOR $2.3 Mil. - #01-110092 • San Leandro H.S. - San Leandro, California. Library expansion. IOR - $750,000. - #01-109839 • Payne Elementary - Campbell, California. Classroom (portable). IOR $250,000 - #01-110909 • Camino School - El Dorado County, California. Modernization. IOR $778,000. - #02-109608

STRUCTURAL BUILDING PROJECTS
Roseville Galleria - Placer County. Site work - OBS & Nuclear Density Testing. Concrete Inspection - Sampling & Testing. Field welding - OBS & inspection. Epoxy Observation. Roof diaphragm nailing inspection.

Intel F.M. - 7 - Sacramento County, California. Site work. Concrete Inspection - field sampling & testing.

Structural Steel Inspection - High strength bolting, shop & field welding inspection. Spray applied fire proofing - inspection & sampling.

Red Hawk Casino - El Dorado County, California. Eight Story Steel Frame Structure. Structural steel - field welding observation & inspection. Reinforced concrete inspection, sampling & testing. Site work - OBS & inspection.

Epoxy observation. Plumbing & Electrical Inspections.

Apple Logistics Center 750,000 sq. ft. - Sacramento County, California. Site work - OBS & Nuclear Density Testing.

Batch Plant Inspection. Concrete S.O.G. & tilt-up panel - OBS, inspection & testing. Roof nailing inspection.

ALZA Pharmaceutical - Solano County, California. Three story steel structure. Site work - OBS & testing.

Reinforced Concrete - inspection, sampling & testing. Structural Steel - welding, high strength & anchor load testing. Batch plant inspection.

Sutter Power Plant - Sutter County, California. Site work - OBS & Nuclear Density Testing. 319
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 43 Truman Santella
Permit Technician
Profile Summary
Education: San Joaquin Delta College, Associates Degree 2011 Arizona State University, Bachelors in Art History
Registration: ICC Commercial Building Inspector
ICC Commercial Building Inspector
ICC Special Inspector
SI 86 Spray-applied
ICC Fireproofing
Experience: 1 Years
Mr. Truman Santella is available to assist our Southern California clients with permit technician services.

Relevant Project Experience
Project Manager, Ferguson, Build with Ferguson June 2021-present • Proficient in Excel, Sales Force, five9, Omni, Workday and Vernit. Can quickly pick up new technology and techniques
• Cultivated professional and pertinent communication with customers, coworkers as well as my superiors while working remote.
• Quickly absorbed product knowledge, company standards and customer needs to find realistic time friendly solutions while sustaining healthy expectations • Managed renovations and new builds for customers, allowing them a single point of contact • Worked diligently with homeowners/contractors from product selection to delivery • Met/exceeded revenue goals month to month
Purchasing Manager, MID Auto Services & Auto Body 2017-2021 • Worked closely with management to uphold company’s budgetary needs through tough economic turmoil • Kept accurate and pertinent records of transactions
• Built quality relationships with customers, vendors and manufacturers • Developed and executed purchasing strategies through an ever changing world • Aided in accusations of new streams of revenue
Crew Laborer/Project Assistant, Centaur Septic & Backhoe 2010-2017 • Managed bids and quotes for projects
• Performed in a variety of labor classifications with numerous tools demanding physical stamina • Consistently followed instructions both verbal or written • Demonstrated strong mathematical skill set
• Upheld safety guidelines for a variety of job contexts 320
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 44 Diego Gomez
Senior Permit Technician
Profile Summary
Registration: ICC Permit Technician
Experience: 8 Years
Mr. Diego Gomez is available to assist our Southern California clients with permit technician services. Mr. Gomez has more than 8 years of permitting and plan review processing experience. He is familiar with a variety of permitting systems and software including EnerGov, Accela, ProjectDox, MS Office Suite, and Shoretel and provides excellent customer service.

Relevant Project Experience
Senior Permit Technician – Various Jurisdictions
▪ Provide excellent customer service to all constituents approaching the building and safety department . ▪ Create electronic plan submittal procedures for the jurisdiction. ▪ Create new steps in permitting systems to enhance the customer service. ▪ Ensure that all permit technicians provide excellent customer service at all times. ▪ Creating policies for internal staff.
▪ Manage daily duties for each office staff member.
▪ Develop and implement customer service training to front level staff on ongoing basis to maintain efficiency and customer service satisfaction in department.
▪ Training new employees about procedures, policies
▪ Review and analyze resident requests to permit additions or restructures to homes or buildings. ▪ Ensure permitted safety codes and measures are within compliance. Work very closely with architects and engineers to ensure projects are completed in a timely and efficient manner. ▪ Coordinate and manage building inspections with jurisdiction residents and building inspectors by managing calendars and delegating locations according to proximity. ▪ Work with fee schedules to ensure all correct fees are collected per project assignment. ▪ Create monthly, quarterly, yearly reports.
▪ Maintain city reports for permits, plan tracking, inspections. ▪ Scheduling for development projects that would include inspections, meetings, etc. ▪ Shipping and receiving plan check submittals, resubmittals. ▪ Attend meetings with developers, applicants about specific projects. ▪ Create handouts, forms, and templates for building departments. ▪ Assistant to the Building Official. Representative of the department when the Building Official is unavailable. ▪ Provide assistance for Public Records Requests.
▪ Work on abatement cases on violation properties. Place liens, remove liens and worked with agencies such as realty companies, title companies, etc.
▪ Create estimates for developers; create job sets for on field projects. 321
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 45 ENGINEERING RESUMES
322
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 46 Roxanne C. Hughes, PE
Deputy Director
Profile Summary
Education: BS, Civil Engineering, California Polytechnic University, San Luis Obispo Registration: Civil Engineer, California No. 62381
Experience: 27 Years
Ms. Roxanne C. Hughes is a Deputy Director in the City Engineering Technical Group at Willdan Engineering. She has worked in varying aspects of civil engineering for 14 years. Her primary responsibilities include city engineering, project management, and pavement engineering. Ms. Hughes specializes in project management, city engineering, pavement engineering, construction management, administration of federally-funded projects, and coordination and oversight of various public works plan checking.

Relevant Project Experience
City Engineering Services and Land Development Plan Check Ms. Hughes performs a variety of City Engineering services on as-needed basis for various City and County agencies. Through the years, she has served as contract Associate Engineer, Project Engineer, Traffic Engineer, Environmental Services Manager and Stormwater Program Manager for different client agencies. Currently, Ms.

Hughes is serving as the contract Deputy City Engineer for the City of Westlake Village. Serving as contract staff, Ms. Hughes has developed capability to function in the public agency context with a well rounded understanding of the city budgeting process, lines of authority and communication. Ms. Hughes can efficiently manage public works and engineering projects from initial concept through project development, budgeting, scheduling, design, bid, award and execution including preparation of all necessary staff reports, public outreach, and interdepartmental coordination for successful implementation.

Ms. Hughes also provides Land Development Plan Check Services for several agencies Engineering and/or Public Works Departments. Services provided include development plan checking, change order processing and associated engineering development project coordination. She is responsible for quality assurance and compliance review of plans for public works projects such as grading and drainage, streets, storm drains, sewer and water systems. Land development plan checks typically include review of all supporting engineering documents including planning resolutions (conditions of approval), title reports, soils and geology reports, hydrology and hydraulics reports, water and sewer design reports, stormwater mitigation plans, easements and right-of-way dedication or vacation, etc. Ms. Hughes has been in responsible charge of thousands of public works land development plan checks during her tenure with Willdan and is very adept at all levels of development review and coordination including residential, small and large subdivision, industrial and commercial sites. • City of Westlake Village
• City of Camarillo
• City of Calabasas
• City of Ridgecrest
• City of Thousand Oaks
• City of Fillmore
• City of Agoura Hills
• County of Kern
• City of Santa Barbara
• City of Azusa
• City of Bakersfield
• City of Rocklin
323
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 47 Mark Wilde, PE
Principal Project Manager
Profile Summary
Education: Mechanical Engineering & Business Economics
Construction Technology
Registration: Civil Engineer, CA #65992
CA Licensed General Contractor #B773089
FAA Licensed Drone Pilot, Part 107
Experience: 37 Years
Mr. Mark Wilde is extremely familiar with the City of Goleta and surrounding agencies. He has worked 14 years within the City of Santa Barbara, 3 years within the County of Santa Barbara, and graduated from UCSB. Mr. Wilde is a graduate of Leadership Santa Barbara. He has a diverse skill set and experience across engineering, surveying, building and safety as well as construction and land development. He has a solution-oriented disposition that thrives on inclusivity and teamwork. Mr. Wilde is adept at consensus building and producing forward momentum in highly complex assignments. He is excited to return to this vibrant area and make a difference.

Relevant Project Experience
City of Ojai. Plan Review. Provides as-needed plan review services.

City of Ventura. Senior Civil Engineer/Acting Engineering Services Manager – Land Development Engineer responsible for City Engineering for all project reviews from initial concepts and entitlements at the Planning Commission to complete civil, geotechnical, hydrological, storm drainage and floodplain review and management.

Included traffic geometries, transportation goals, parks, and public landscaping. Oversee professional service agreements and assign individual task orders for specialized and extended reviews. Surveying and Real Property functions of the Subdivision Map Act for tentative maps, final maps, lot line adjustments, voluntary mergers, City Council staff report writing and department head coordination as needed. Close relationship with the City Attorney’s office. Extensive involvement with the finance department for revenue and expense reporting and budget change management. Wrote the new grading ordinance to be compliant with a civil grand jury report.

Wrote the ordinance and staff report to restructure the City administration portion of the Public Works Department to create a real property section within Public Works and established new Administrative Policies and Procedures.

City of Santa Barbara. Supervising Civil Engineer – Land Development, Surveying, Real Property. Similar functions as above plus an extensive personal review of all Subdivision Map Act and civil engineering design. Public Works construction inspection support and guidance. Established all permitting procedures by building out the process of using the existing Accela/Tidemark software. Purchased and implemented the original Envista right-of-way software for three years prior to its acquisition by Accela. Extensive interaction with and support of the in-house environmental analysts for CEQA review of all major projects.

City of Santa Barbara. Senior Plan Check Engineer – Primary technical advisor to the Chief Building Official.

Finished the permitting and oversite of 256 un-reinforced masonry buildings mostly on State Street plus St.

Anthony’s Seminary and several un-inventoried buildings. Active member of the Structural Engineers Association of California (SEAOC) during this time.

County of Santa Barbara. Building Engineering Inspector/Grading Inspector – Montecito, Goleta, Santa Ynez, Orcutt and Carpentaria. Primary engineering inspector of Goleta’s “Silicone Beach” prior to incorporation. Represented seven south coast sanitary districts in the field by agreement. Primary County field representative for the Bacara Resort during grading, utility installation and foundation construction. 324
City of Ojai
Qualifications for Building Inspection, Plan Checking and Engineering Services 48 Joseph E. Bellomo, PE, QSD/P
Principal Project Manager
Profile Summary
Education: BS, Civil Engineering, California State University, Los Angeles Registration: Civil Engineer, California No. 75564
Qualified SWPPP Developer (QSD) and Qualified SWPPP Practitioner (QSP) No. 20016 Experience: 25 Years
Mr. Joe E. Bellomo, prior to joining Willdan, worked in the Department of Health Services for the County of Los Angeles as the Senior Environmental Health Technician for the Bureau of District Environmental Services (DES).

The Bureau of DES is responsible to manage impacts to public health at commercial food facility and housing in Los Angeles County. During his time in DES, Mr. Bellomo transitioned from conducting inspections in the field to administrative responsibilities under the direct supervision of the Bureau Director as the County began the restaurant grading program and reformation of food facility inspections. In January 2004, Mr. Bellomo joined Willdan as a Civil Engineer to work on various aspects of storm water and city engineering. Since his start with the firm, Joe has used his experience and knowledge of the State and Federal National Pollutant Discharge Elimination Systems program to manage compliance for many of Willdan’s clients.

Relevant Project Experience
NPDES/EWMP Consulting Services, City of San Fernando, CA. NPDES Compliance Manager. Mr. Bellomo has provided the City with Upper Los Angeles River EWMP Group representation and general NPDES Permit compliance consultation since 2013. This includes compliance with the MS4 Permit and TMDL technical guidance, Trash TMDL compliance and catch basin retrofits, annual report preparation, staff training, and general implementation of MS4 Permit minimum control measures. Joe assists the Water Department comply with the Low Threat Discharge permit issued for the reactivation of Well 7A, and other matters relating to regulatory requirements.

NPDES Consulting Services, City of La Cañada Flintridge, CA. NPDES Compliance Manager. In 2013 Mr. Bellomo assisted the City develop programs to comply with the MS4 Permit adopted at the end of 2012. One of the programs Joe helped the City develop was a municipal code based reimbursable inspection program of privately installed water quality improvement devices. In 2015, Mr. Bellomo began managing the NPDES program as an offsite extension of city staff, and implemented most of the minimum control measures required by the MS4 Permit. Joe, or his staff, has represented the City’s interests in the ULAR EWMP since 2013, and provides technical guidance on the CIMP relevance to the City’s discharge. He provides support with City Council reports and presentations and city staff briefings; NSW outfall inspections; commercial facility inspections; annual report preparation; and Measure W guidance and assistance.

NPDES/Water Quality Consultant Services, City of Hidden Hills, CA. Mr. Bellomo has served as the Storm Water Program Manager since 2013. Joe is responsible for full compliance with the Municipal NPDES Permit, TMDLs in the Los Angeles River Watershed and Malibu Creek Watershed, as well as other NPDES regulations. On the City’s behalf, he serves as the City’s representative to the North Santa Monica Bay Watershed Area Steering Committee for the regional management of the Measure W – Safe Clean Water Program. Joe has ensured compliance with the municipal NPDES permit, and developer compliance with the State’s construction general permit, including SWPPP and USMP reviews, and LID plan reviews. Mr. Bellomo reports directly to the City Manager and answers to the City County on all NPDES permit and TMDL management and implementation of related programs, special monitoring studies, and annual reporting.
325
374 Poli Street, Suite 101
Ventura, CA 93001-2605
Phone: 805.653.6597
Phone: 800.491.1720
Fax: 805.754.2067
www.willdan.com
326
327
328
329
330
331
332
333
334
335
336
337
338
339
340
341
342
343
344
345
346
347
348
349
350
351
352
353
354
355
356
357
358
359
360
361
362
363
364
365
366
367
368
369
370
371
372
373
374
375
376
377

Building Inspection, Plan Checking, and
Engineering Services
February 29, 2024
Exh 1 to Att A

379
380
381
- 1 -
AMENDMENT NO. 1

TO PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES THIS AMENDMENT NO. 1 TO THE PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES (“Amendment No. 1”) by and between the CITY OF OJAI, a California municipal corporation (“City”) and Willdan Engineering, a California corporation (“Consultant”) is effective as of the 1st day of July, 2026 (“Effective Date”).

RECITALS
A. City and Consultant entered into that certain Professional Services Agreement for Consultant Services with a commencement date of July 1, 2025 (“Agreement”) whereby Consultant agreed to perform Code Compliance/Enforcement Services (“Services”) for two years for a total contract sum of $150,000.00 with the ability to extend the term by mutual agreement of the parties in writing.

B. City and Consultant now desire to amend the Agreement to: (1) extend the Term of the Agreement for an additional year; (2) increase the not to exceed amount by $150,000.00, to cover the costs of the Services to be provided during the extended Term, for a total not-to-exceed contract sum of $300,000, and (3) increase the hourly rates to reflect Consultant’s current hourly rates.

TERMS

1. Contract Changes. The Agreement is amended as provided herein (new text is identified in bold italics, deleted text in strike through).

A. Section 3.4 is hereby amended as follows:
“Termination Date” means June 30, 20272026.

B. Section 5.3 is hereby amended as follows:

City shall have the right to request, in writing, changes in the Scope of Work. Any such changes mutually agreed upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated and costs payable to Consultant under this Agreement, shall not exceed the sum of Three Hundred Thousand Dollars and No Cents ($300,000) one hundred fifty thousand ($150,000) unless specifically approved in advance and in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above.

Consultant shall concurrently inform the City Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the maximum amount payable above. 382
- 2 -
C. The Approved Fee Schedule is hereby amended to add the following fee schedule for the period covered by this Amendment:

Fee Schedule for Period from July 1, 2026 through June 30, 2027:

Title Hourly Rate
Code Enforcement Officer $75

2. Continuing Effect of Agreement. Except as amended by this Amendment No. 1, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this Amendment No. 1, whenever the term “Agreement” appears in the Agreement, it shall mean the Agreement, as amended by this Amendment No. 1 to the Agreement.

3. Affirmation of Agreement; Warranty Re Absence of Defaults. City and Consultant each ratify and reaffirm each and every one of the respective rights and obligations arising under the Agreement. Each party represents and warrants to the other that there have been no written or oral modifications to the Agreement other than as provided herein. Each party represents and warrants to the other that the Agreement is currently an effective, valid, and binding obligation.

Consultant represents and warrants to City that, as of the date of this Amendment No. 1, City is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

City represents and warrants to Consultant that, as of the date of this Amendment No. 1, Consultant is not in default of any material term of the Agreement and that there have been no events that, with the passing of time or the giving of notice, or both, would constitute a material default under the Agreement.

4. Adequate Consideration. The parties hereto irrevocably stipulate and agree that they have each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this Amendment No. 1.

5. Authority. The persons executing this Amendment No. 1 on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Amendment No. 1 on behalf of said party, (iii) by so executing this Amendment No. 1, such party is formally bound to the provisions of this Amendment No. 1, and (iv) the entering into this Amendment No. 1 does not violate any provision of any other agreement to which said party is bound.

6. Counterparts. This Amendment No. 1 may be executed in any number of counterparts and each of such counterparts shall for all purposes be deemed to be an original, whether the signatures are originals, electronic, facsimiles or digital. All such counterparts shall together constitute but one and the same Amendment No. 1. 383
- 3 -

7. Incorporation of Recitals. The recitals stated above are hereby incorporated by reference and made a part of this Agreement as if fully restated herein. [SIGNATURES ON FOLLOWING PAGE]
IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 on the date and year first-above written.

CITY:

CITY OF OJAI, a municipal corporation
Ben Harvey, City Manager
ATTEST:

Weston Montgomery, Chief Deputy City Clerk
APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP
Bethany A. Burgess, City Attorney
CONSULTANT:

WILLDAN ENGINEERING
By:

Name: Patrick Johnson
Title: Director of Building and Safety
By:

Name:

Title:
384
- 4 -
Two corporate officer signatures required when Consultant is a corporation, with one signature required from each of the following groups: 1) Chairman of the Board, President or any Vice President; and 2) Secretary, any Assistant Secretary, Chief Financial Officer or any Assistant Treasurer. CONSULTANT’S SIGNATURES

SHALL BE DULY NOTARIZED, AND APPROPRIATE ATTESTATIONS SHALL BE INCLUDED AS

MAY BE REQUIRED BY THE BYLAWS, ARTICLES OF INCORPORATION, OR OTHER RULES OR REGULATIONS APPLICABLE TO CONSULTANT’S BUSINESS ENTITY. 385
01436.0001 2195499.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF VENTURA
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 386
01436.0001 2195499.1

CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT

STATE OF CALIFORNIA

COUNTY OF VENTURA
On __________, 2026 before me, ________________, personally appeared ________________, proved to me on the basis of satisfactory evidence to be the person(s) whose names(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

Signature: _____________________________________

OPTIONAL
Though the data below is not required by law, it may prove valuable to persons relying on the document and could prevent fraudulent reattachment of this form.

CAPACITY CLAIMED BY SIGNER DESCRIPTION OF ATTACHED DOCUMENT

INDIVIDUAL

CORPORATE OFFICER
_______________________________

TITLE(S)

PARTNER(S) LIMITED

GENERAL

ATTORNEY-IN-FACT

TRUSTEE(S)

GUARDIAN/CONSERVATOR
OTHER_______________________________
______________________________________
SIGNER IS REPRESENTING:
(NAME OF PERSON(S) OR ENTITY(IES))
_____________________________________________
_____________________________________________
___________________________________

TITLE OR TYPE OF DOCUMENT
___________________________________

NUMBER OF PAGES
___________________________________

DATE OF DOCUMENT
___________________________________

SIGNER(S) OTHER THAN NAMED ABOVE
A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy or validity of that document. 387

PROFESSIONAL SERVICES AGREEMENT FOR CONSULTANT SERVICES (City of Ojai / Willdan Engineering, Inc.)

1. IDENTIFICATION
This PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into as of the last date indicated below by and between the City of Ojai, a California municipal corporation (“City”), and Willdan Engineering, Inc., a California corporation (“Consultant”) (collectively, “parties”).

2. RECITALS

2.1 City has determined that it requires the following professional services from a consultant: Code Compliance/Enforcement Services.

2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions herein contained, City and Consultant agree as follows:

3. DEFINITIONS

3.1 “Scope of Work” means such professional services as are set forth in Consultant’s May 1, 2025, proposal to City attached hereto as “Exhibit A” and fully incorporated herein by this reference.

3.2 “Approved Fee Schedule” means such compensation rates as are set forth in Consultant’s May 1, 2025, fee schedule to City attached hereto as “Exhibit A” at the rate of $70.00 per hour and fully incorporated herein by this reference. This fee schedule shall remain in effect for the duration of this Agreement unless modified in writing by mutual agreement of the parties.

3.3 “Commencement Date” means July 1, 2025.

3.4 “Termination Date” means June 30, 2026.

3.5 “City Agreement Administrator” means Ben Harvey.

3.6 “Consultant Project Administrator” means Ed Nicholls Jr. 388

4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall terminate at 11:59 p.m. on the Termination Date unless extended in writing by mutual agreement of the parties or terminated earlier in accordance with Section 18 (“Termination”) below.

5. CONSULTANT’S SERVICES

5.1 Time is of the essence in Consultant’s performance of services under this Agreement.

5.2 Consultant shall perform the services identified in the Scope of Work, and more specifically as identified under said heading, Contract Code Inspection Services, Exhibit A.

5.3 City shall have the right to request, in writing, changes in the Scope of Work. Any such changes mutually agrees upon by the parties, and any corresponding increase or decrease in compensation, shall be incorporated and costs payable to Consultant under this Agreement exceed the sum of one hundred fifty thousand ($150,000) unless specifically approved in advance and in writing, when fees and expenses incurred under this Agreement have reached eighty percent (80%) of the maximum amount payable above. Consultant shall concurrently inform the City Agreement Administrator, in writing, of Consultant’s estimate of total expenditures required to complete its current assignments before proceeding, when the remaining work on such assignments would exceed the maximum amount payable above.

5.4 Consultant shall perform all work in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised under similar conditions by a member of Consultant’s profession currently practicing in California. Consultant shall comply with all applicable federal, state and local laws and regulations, including the conflict of interest provisions of Government Code Section 1090 and the Political Reform Act (Government Code Section 81000 et seq.).

5.5 Consultant represents that it has advised City in writing prior to the date of signing this Agreement of any known relationships with third parties, City Council Members, or employees of City which would (1) present a conflict of interest with the rendering of services under this Agreement under Government Code Section 1090, the Political Reform Act (Government Code Section 81000 et seq.), or other applicable law, (2) prevent Consultant from performing the terms of this Agreement, or (3) present a significant opportunity for the disclosure of confidential information.

5.6 During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain 389
from a decision under this Agreement pursuant to a conflict of interest statute and (ii) City has not consented in writing to Consultant’s performance of such work.

5.7 Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Work. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Ed Nicholls Jr. shall be the Consultant Project Administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No other person shall serve as Consultant Project Administrator without City’s prior written consent.

5.8 This Agreement covers professional services of a specific and unique nature.

Except as otherwise provided herein, Consultant shall not assign or transfer its interest in this Agreement or subcontract any services to be performed without amending this Agreement.

5.9 Consultant shall be responsible to City for all services to be performed under this Agreement. All subconsultants shall be approved by the City Agreement Administrator and their billing rates identified in the Approved Fee Schedule, Exhibit A. City shall pay Consultant for work performed by its subconsultants (including labor) only at Consultant’s actual cost plus an approved mark-up as set forth in the Approved Fee Schedule, Exhibit A. Consultant shall be liable and accountable for any and all payments, compensation, and federal and state taxes to all subconsultants performing services under this Agreement. City shall not be liable for any payment, compensation, or federal and state taxes for any subconsultants.

5.10 Consultant shall notify the City Agreement Administrator, in writing, of any change in name, ownership or control of Consultant’s firm or of any subconsultant. Change of ownership or control of Consultant’s firm may require an amendment to the Agreement.

5.11 This Agreement is subject to prevailing wage law, for all work performed under the Agreement for which the payment of prevailing wages is required under the California Labor Code. In particular, Consultant acknowledges that prevailing wage determinations are available for the performance of inspection and survey work.

6. COMPENSATION

6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept payment in accordance with the Approved Fee Schedule in full satisfaction for such services.

6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for services performed pursuant to this Agreement. Each invoice shall identify the maximum amount payable above, the services rendered during the billing period, 390
the amount due for the invoice, and the total amount previously invoiced. All labor charges shall be itemized by employee name and classification/position with the firm, the corresponding hourly rate, the hours worked, a description of each labor charge, and the total amount due for labor charges. City shall not withhold applicable taxes or other payroll deductions from payments made to Consultant except as otherwise required by law. Consultant shall include a copy of each subconsultant invoice for which reimbursement is sought in the invoice.

6.3 The parties agree to meet and confer at mutually agreeable times to resolve any disputed amounts contained in an invoice submitted by Consultant.

6.4 Payments for any services requested by City and not included in the Scope of Work may be made to Consultant by City on a time-and-materials basis pursuant to the Approved Fee Schedule and without amendment of this Agreement, so long as such payment does not cause the maximum amount payable above to be exceeded.

7. OWNERSHIP OF WRITTEN PRODUCTS
All reports, documents or other written material (“written products” herein) developed by Consultant in the performance of this Agreement shall be and remain the property of City without restriction or limitation upon use or dissemination by City. Consultant may take and retain copies of such written products as desired, but shall not seek to copyright such written products.

8. RELATIONSHIP OF PARTIES
Consultant is, and shall at all times remain as to City, a wholly independent contractor.

Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not represent that it is, or that any of its agents or employees are, in any manner employees of City.

Under no circumstances shall Consultant look to the City as its employer. Consultant shall not be entitled to any benefits. City makes no representation as to the effect of this independent contractor relationship on Consultant’s previously earned California Public Employees Retirement System (“CalPERS”) retirement benefits, if any, and Consultant specifically assumes the responsibility for making such a determination. Consultant shall be responsible for all reports and obligations including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, workers’ compensation, and other applicable federal and state taxes.

9. AGREEMENT ADMINISTRATOR
In performing services under this Agreement, Consultant shall coordinate all contact with City through its City Agreement Administrator. City reserves the right to change this designation upon written notice to Consultant. All services under this Agreement shall be performed at the 391
request of the City Agreement Administrator, who will establish the timetable for completion of services and any interim milestones.

10. INDEMNIFICATION

10.1 The parties agree that City, its officers, agents, employees and volunteers should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, taxes, or any other cost arising out of or in any way related to the performance of this Agreement.

Accordingly, the parties intend the provisions of this indemnity provision to be interpreted and construed to provide the City with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.

10.2 To the fullest extent permitted by law, Consultant shall indemnify, hold harmless, and when the City requests with respect to a claim provide a deposit for the defense of, and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person, whether physical, emotional, consequential or otherwise, and injury to any property arising out of or in connection with Consultant’s alleged negligence, recklessness or willful misconduct or other wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subcontractors, or anyone directly or indirectly employed by either Consultant or its subcontractors, in the performance of this Agreement or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole active negligence or willful misconduct of the City. Such costs and expenses shall include reasonable attorneys’ fees expert fees and all other expenses of litigation. Consultant shall not be entitled to any refund of attorneys’ fees, defense costs or expenses in the event that it is adjudicated to have been nonnegligent.

10.3 City shall have the right to offset against any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 10 of this Agreement and any amount due City from Consultant arising from Consultant’s failure either to (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

10.4 The obligations of Consultant under this Section 10 of this Agreement are not limited by the provisions of any workers’ compensation or similar statute.

Consultant expressly waives its statutory immunity under such statutes as to City, its officers, agents, employees and volunteers.

10.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in Section 10 of this Agreement from each and every subcontractor or any other person or entity involved by, for, with or on behalf of 392
Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnity obligations from others, Consultant agrees to indemnify, hold harmless and defend City, its officers, agents, employees and volunteers from and against any and all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.

10.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply whether or not any insurance policies apply to a claim, demand, damage, liability, loss, cost or expense.

10.7 In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or CalPERS to be eligible for enrollment in CalPERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for CalPERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.

10.8 Notwithstanding any federal, state, or local policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in CalPERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for CalPERS benefits.

11. INSURANCE

11.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement.

11.2 Any available insurance proceeds broader than or in excess of the specified minimum Insurance coverage requirements or limits shall be available to City as an Additional Insured as provided below. Furthermore, the requirements for coverage and limits shall be the greater of (1) the minimum coverage and limits specified in this Agreement, or (2) the broader coverage and maximum limits of coverage of any Insurance policy or proceeds available to the named Insured. 393

11.3 Insurance required under this Agreement shall be of the types set forth below, with minimum coverage as described:

11.3.1 Comprehensive General Liability Insurance with coverage limits of not less than One Million Dollars ($1,000,000) including products and operations hazard, contractual insurance, broad form property damage, independent consultants, personal injury, underground hazard, and explosion and collapse hazard where applicable.

11.3.2 Automobile Liability Insurance for vehicles used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per claimant and One Million dollars ($1,000,000) per incident.

11.3.3 Worker’s Compensation insurance if and as required by the laws of the State of California.

11.3.4 Professional Errors and Omissions Insurance with coverage limits of not less than One Million Dollars ($1,000,000).

11.4 Consultant shall require each of its subconsultants to maintain insurance coverage that meets all of the requirements of this Agreement provided however, that the City Agreement Administrator may waive the provision of Errors and Omissions Insurance by subconsultants in his or her sole discretion.

11.5 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.

11.6 Consultant agrees that if it does not keep the insurance coverages required by this Agreement in full force and effect, City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay the premium(s) thereon at Consultant’s expense.

11.7 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the required coverages are in effect and naming City and its officers, employees, agents and volunteers as Additional Insureds. Prior to commencement of work under this Agreement, Consultant shall file with City’s Risk Manager such certificate(s) and Forms CG 20 10 07 04 and CG 20 37 07 04 or the substantial equivalent showing City as an Additional Insured.

11.8 Consultant shall provide proof that policies of insurance required by this Agreement expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. 394

11.9 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City and its officers, employees, agents and volunteers as Additional Insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.

11.10 The insurance provided by Consultant shall be primary to any other coverage available to City. Any insurance or self-insurance maintained by City and/or its officers, employees, agents or volunteers shall be in excess of Consultant’s insurance and shall not contribute with it.

11.11 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.

11.12 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond in the amount of the deductible or self-insured retention to guarantee payment of losses and expenses.

11.13 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 10 of this Agreement.

11.14 Consultant may be self-insured under the terms of this Agreement only with express written approval from the City.

11.14.1 All self-insured retentions (SIR) must be disclosed to the City for approval and shall not reduce the limits of liability.

11.14.2 Policies containing any SIR provision shall provide or be endorsed to provide that the SIR may be satisfied by either the named Insured or the City.

11.15 City reserves the right to obtain a full certified copy of any Insurance policy and endorsements. Failure to exercise this right shall not constitute a waiver of the right to exercise later.

12. MUTUAL COOPERATION
395

12.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available for the proper performance of Consultant’s services under this Agreement.

12.2 If any claim, action, or proceeding is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require in the defense of that claim, action, or proceeding.

13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data shall be returned to City upon the termination or expiration of this Agreement.

14. RECORDS AND INSPECTIONS
Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to Consultant under this Agreement. All such documents shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of City. City shall further have the right to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.

In addition, pursuant to Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds ten thousand dollars ($10,000), all such documents and this Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of City, for a period of three (3) years after final payment under the Agreement.

15. PERMITS AND APPROVALS
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary for Consultant’s performance of this Agreement. This includes, but shall not be limited to, professional licenses, encroachment permits and building and safety permits and inspections.

16. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the parties may, from time to time, designate in writing). 396
If to City:

Ben Harvey
City Manager
401 S. Ventura Street
Ojai, CA 93023
Telephone: (805) 646-5581
Facsimile: (805) 646-1980
If to Consultant:

Patrick Johnson
Director of Building and Safety
650 East Hospitality Lane, Suite 250
San Bernardino, CA 92408-3317
Telephone: (909) 386-0200
Fax: (909) 888-5107
With courtesy copy to:

Matthew T. Summers, Ojai City Attorney
Colantuono, Highsmith & Whatley, PC
790 E. Colorado Blvd, Suite 850
Pasadena, CA 91101

17. SURVIVING COVENANTS
The parties agree that the covenants contained in Section 10, Section 13, Paragraph 12.2 and Section 14 of this Agreement shall survive the expiration or termination of this Agreement.

18. TERMINATION

17.1. City may terminate this Agreement for any reason on five calendar days’ written notice to Consultant. Consultant may terminate this Agreement for any reason on thirty calendar days’ written notice to City. Consultant agrees to cease all work under this Agreement on or before the effective date of any notice of termination.

All City data, documents, objects, materials or other tangible things shall be promptly returned to City upon the termination or expiration of this Agreement.

17.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement as provided in Section 5.2 above and as otherwise provided in this Agreement.
397

18. GENERAL PROVISIONS

18.1 Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any party other than Consultant.

18.2 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, sexual orientation, national origin, ancestry, age, physical or mental disability, medical condition or any other unlawful basis.

18.3 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph shall govern construction of this Agreement. Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular and vice versa, in any place or places herein in which the context requires such substitution(s).

18.4 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of any other term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing signed by one authorized to bind the party to be charged with the waiver.

18.5 Consultant shall not be liable for any failure to perform if Consultant presents acceptable evidence, in City’s sole judgment, that such failure was due to causes beyond the control and without the fault or negligence of Consultant.

18.6 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance from the exercise by any party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such party of any or all of such other rights, powers or remedies. If legal action shall be necessary to enforce any term, covenant or condition contained in this Agreement, the party prevailing in such action, whether or not reduced to judgment, shall be entitled to its reasonable court costs, including any accountants’ and attorneys’ fees expended in the action. The venue for any litigation shall be Ventura County, California and Consultant hereby consents to jurisdiction in Ventura County for purposes of resolving any dispute or enforcing any obligation arising under this Agreement.
398

18.7 If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to the extent necessary to, cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.

18.8 This Agreement shall be governed and construed in accordance with the laws of the State of California.

18.9 All documents referenced as exhibits in this Agreement are hereby incorporated into this Agreement. In the event of any material discrepancy between the provisions of this Agreement and those of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the parties. Amendments hereto or deviations herefrom shall be effective and binding only if made in writing and executed on behalf of the City and Consultant.

18.10 Consultant shall not discriminate against any employee or applicant for employment because of race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation.

Consultant shall take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to race, sex (including pregnancy, childbirth, or related medical condition), creed, national origin, color, disability as defined by law, disabled veteran status, Vietnam veteran status, religion, age (40 and above), medical condition (cancer-related), marital status, ancestry, or sexual orientation. Such action shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; or in terms, conditions or privileges of employment, and selection for training, Consultant agrees to post in conspicuous places, available to employees and applicants for employment, the provisions of this nondiscrimination clause.
399
8/11/25
400
Hi Lucas,
Thank you for the opportunity to provide supplemental information comparing the use of contract municipal Building & Safety and Code Enforcement professionals with traditional in-house staing. We recognize that both staing models provide value, and that the City Council's objective is to identify the approach that best serves the City of Ojai's operational, financial, and long-term service goals.

Municipal agencies throughout California increasingly rely on qualified contract professionals to supplement their Building & Safety and Code Enforcement operations.

While permanent employees remain essential to preserving institutional knowledge, organizational culture, and long-term leadership, contract staing provides municipalities with specialized expertise, operational flexibility, and the ability to quickly respond to changing workloads without increasing permanent staing obligations. One of the greatest advantages the City of Ojai will gain by partnering with Willdan is our team’s commitment to integrating seamlessly with existing operations while providing practical, solutionoriented support that enhances eiciency and maintains consistent standards to protect public safety.

Advantages of Partnering with Willdan
What dierentiates Willdan is our ability to combine the responsiveness of a local municipal partner with highly specialized professionals, faster recruitment, flexible staing solutions, predictable budgeting, enhanced customer service, operational continuity, and reduced employment-related risk.

When Ojai partners with Willdan, the City gains access to a broad network of experienced municipal professionals and management oversight that helps promote consistency in code interpretation, documentation, and enforcement practices. This collaborative quality assurance process reduces operational risk while supporting fair, defensible, and legally sound decision-making.

Willdan’s management team has more than 200 years of combined experience serving as building and code enforcement supervisors, managers, directors, and city managers, which allows the City to benefit from innovative practices, proven operational improvements, and lessons learned from other municipalities. Willdan maintains a broad network of certified professionals across multiple disciplines. This allows the City to access specialized expertise for complex projects, temporarily increase staing during peak workloads, or provide seamless coverage during employee absences without interrupting service to the community. Our team includes:
 Certified Building Oicials
401
 Plan Check Engineers and Certified Plans Examiners
 Structural Engineers
 CASp Experts
 Residential and Commercial Building Inspectors
 Permit Technicians
 Certified Code Enforcement Oicers
 Fire and Life Safety Plans Examiners and Inspectors
 Floodplain Administrators
Willdan recognizes that responsive, professional customer service is fundamental to operational success. Our teams collaborate with City personnel, applicants, design professionals, and residents to provide timely communication, practical solutions, and a consistent customer experience that reflects the City's commitment to public service.

Traditional Municipal Staing versus Willdan Professionals To assist the City Council, the following side-by-side comparison provides a high-level overview of the primary dierences between traditional municipal staing and partnering with Willdan. While both staing models play an important role in supporting the City’s operations, the comparison illustrates how Willdan’s services can complement permanent City sta by providing additional flexibility, specialized expertise, operational continuity, and predictable costs.

In-House Municipal Sta Willdan Contract Professionals
Recruitment can take several months.

Qualified personnel can often be deployed
within days.

City pays salary, benefits, retirement, payroll
taxes, equipment, and training.

Predictable hourly rates with no long-term
employment obligations.

Limited staing flexibility.

Staing levels can increase or decrease
based on workload.

Vacancies may create permit backlogs. Immediate backup sta available. 402
Expertise depends on current sta.

Access to multidisciplinary specialists and
statewide resources.

City manages recruiting, supervision, and
succession planning.

Willdan provides management support,
mentoring, QA/QC, and recruiting.

Diicult to replace underperforming sta
quickly.

Personnel can be replaced promptly if
necessary.

Institutional knowledge remains within the
City.

Willdan integrates with City sta while
providing external best practices.

Many local agencies continue to face increasing retirements, workforce shortages, and growing competition for certified Building & Safety and Code Enforcement professionals.

As a result, recruitment timelines have lengthened considerably, making supplemental contract staing an increasingly common strategy to maintain service levels while preserving long-term staing flexibility. Many municipalities have experienced prolonged vacancies despite extensive recruitment eorts, making contract staing an eective strategy to maintain service levels while permanent recruitment continues.

Financial Stewardship
As the Council evaluates the two staing models, it may also be helpful to compare the fully burdened cost of an in-house position rather than salary alone. The actual cost of a municipal employee extends beyond the salary. The City is also responsible for the following expenses:
 Retirement contributions
 Pension liabilities
 Health insurance
 Payroll taxes
 Worker’s Compensation
 Onboarding and orientation
 Supervisory and administrative overhead
 Unemployment insurance
403
 Paid leave
 Recruiting costs
 Training expenses
 Certification renewals
 Equipment
 Technology
 Uniforms
Our oicers and managers support municipalities throughout California and across the country. The City of Ojai benefits from proven best practices, innovative approaches, and lessons learned from agencies facing similar challenges. That broader perspective can be invaluable when evaluating new programs, addressing complex enforcement issues, or identifying opportunities to improve eiciency and customer service.

Service continuity is another significant advantage when choosing the contract staing model. Recruitment can take months, and unexpected vacancies or extended leave can significantly impact service levels. Contract services help ensure the community continues to receive consistent service during those periods without interruption.

Willdan will also uphold the fixed hourly rates based on the defined scope of work which avoids unexpected personnel costs related to overtime, leave payouts, and benefit increases. The budget is easier to manage and allows the City to improve cost forecasting.

Reduced Liability
Willdan is committed to delivering consistent, defensible, and code-compliant services through comprehensive risk management practices. Our internal quality assurance and peer review processes promote consistency in plan review, inspections, code interpretation, and documentation, helping reduce the likelihood of errors while supporting fair and defensible regulatory decisions.

To further protect our municipal partners, Willdan maintains:
 Professional liability insurance
 General liability insurance
 Worker’s Compensation coverage for all employees
404
 Internal quality assurance and peer review by experienced supervisors and subject matter experts
 Documented quality control procedures and supervisory review for complex or highprofile projects and enforcement actions  Ongoing training and professional development to ensure sta remain current with evolving building codes, regulations, and industry best practices  Maintenance of all required state licenses, ICC certifications, and other applicable professional credentials
 Management oversight to promote consistent application of codes, policies, and procedures across all services provided.

In Summary
The City of Ojai's decision is to identify the staing approach that best supports the City's operational goals, financial stewardship, and commitment to exceptional public service.

The following side-by-side comparison provides a concise overview of the primary dierences between the two staing models for the City Council's consideration.

Category Municipal Employee Willdan Contract Professional Hiring Timeline Weeks to Months Days to Weeks
Benefits City Responsibility Included in Contract
Pension Liability Yes No
Recruitment City Responsibility Willdan Responsibility
Training City Responsibility Willdan Responsibility
Certifications City Responsibility Maintained by Willdan Vacation Coverage Limited Built-in
Workload Flexibility Limited Highly Scalable
Specialized
Expertise
Depends on Existing Sta Immediate Access
405
Management
Support
Internal Only Dedicated Management Team
QA/QC City Processes
Internal QA/QC + Management
Oversight
Continuity of
Service
Vacancy Risk Immediate Backup Personnel
Budget
Predictability
Subject to Benefit & Salary
Changes
Fixed Contract Rates
Best Practices Internal Experience
Experience from Hundreds of
Jurisdictions
We appreciate the opportunity to provide this information and hope it assists the City Council in evaluating the staing models available to the City. Should it be beneficial, Willdan would welcome the opportunity to attend the Council meeting to answer questions, discuss our municipal experience, or provide additional information that supports the Council's decision-making process.

Thank you again, Lucas. We truly value our partnership with Ojai and appreciate the opportunity to support the City.

Greg Smith
Code Enforcement Manager
Comprehensive. Innovative. Trusted.
5800 Baker Rd., Suite 100
Minnetonka, MN 55345
[email protected]
Cell 612.750.0559
LinkedIn Profile
406

Administrative Report
TO: Honorable City Council
FROM: Ben Harvey, City Manager
Lindy Palmer, Public Works Director
MEETING DATE: September 22, 2026
SUBJECT: Well Permit Ordinance Research Update — Agency Roles, County Agreement Implications, and Status of Ordinance No. 973 Suspending Article 2 of Chapter 3 of Title 7 of the Ojai Municipal Code ("Well Construction, Modification, and
Demolition Standards") (City Council Direction)

RECOMMENDATION

1. Receive information and an update from the City Attorney regarding a historic agreement with Ventura County relating to well permit administration, and;

2. Evaluate options presented in this report and by staff regarding the City’s well permit ordinance in light of new information, and;

3. Provide direction to staff regarding which option to pursue.

DISCUSSION
Following the City Council’s consideration on first reading of an ordinance at the July City Council meeting that would suspend operation of the City’s well permit ordinance, the City was contacted by Ventura County regarding a 1991 Agreement that was entered into between the City and the County delegating responsibility for the day-to-day administration of the City’s well permitting requirements to the County. A copy of this Agreement is attached to this report as Attachment C. Prior to being contacted by the County, the City was not aware of the existence of this Agreement.

This report provides the Council with an update based on staff and the City Attorney’s Office’s review of the 1991 Agreement and a further review, in light of this Agreement, of the distinct roles each agency plays in the well permitting process and the implications of the City’s proposed well permit ordinance suspension in light of the agreement with the County of Ventura.

Staff originally brought this item to the Council with a recommendation to fully repeal Article 2 of Chapter 3 of Title 7 of the Ojai Municipal Code ("Well Construction, Modification, and Demolition Standards") in its entirety in June 2026. Following Council discussion, the Council directed staff to return with a revised ordinance that would suspend, rather than permanently repeal, the well permit requirements, with a mandatory biennial review provision requiring the matter to return to Council at least every two years to consider reinstatement. The proposed ordinance suspending the City’s well permit ordinance 407

(Attachment B) introduced in July incorporated Council’s direction and also made clear that the City would retain its enforcement authority.

Agreement with the County of Ventura
The City's well permit regulations were originally established through Ordinance No. 671, effective March 30, 1990, which set standards for well construction, modification, and demolition within the City. The stated purpose of the ordinance is to provide regulations governing the construction, maintenance, operation, use, repair, modification, and destruction of wells within the City in such a manner as to prevent the contamination or pollution of the City's groundwater. The ordinance was subsequently amended by Ordinance No. 676 (effective November 30, 1990) and Ordinance No. 874 (effective July 13, 2017), which updated the City's standards to align more closely with the County of Ventura's groundwater conservation ordinance.

The City and County entered into an agreement on December 17, 1991, whereby the City delegated responsibility for performing all functions of the Public Works Department and Public Works Director under the Ordinance to the same extent the County performs those same functions under the Ventura County ordinance. This includes all of the day-to-day permit program administration activities, including processing permit extensions, inspections, oversight of licensing companies who perform work on wells, enforcement of permit requirements (including oversight over any permit suspension or revocation actions), and oversight over permit-related reporting. In exchange for performing these services, the City’s well permit fees established in the well permit ordinance are collected and retained by the County.

Under the Agreement, the City remains responsible for those actions performed or completed by City Council, including the issuance of permits, appeals of permit suspensions and revocations, issuance of certificates of exemptions related to abandoned wells, approval of well permit exemptions, and establishment of fees and penalties related to well permits.

A necessary prerequisite of the County’s performance under the Agreement is the existence of the City’s well permit ordinance. To ensure consistency in administration and enforcement, the Agreement also requires the City to adopt amendments to its ordinance to be consistent with amendments to the County’s equivalent ordinance adopted by the Board of Supervisors. The Agreement may be terminated by either party upon 30 days’ written notice.

Agency Roles in the Well Permit Process
A central purpose of staff's research was to understand and clearly define the distinct role each agency plays in the well permitting process. The following summarizes the role of each agency:

City of Ojai: Under the current Municipal Code, any person wishing to construct a well within the City limits is required to submit an application to the City, pay the applicable permit fees, and obtain approval through a public hearing before the City Council. The City 408

Council serves as the approving authority for all well permits, meaning that even a routine well construction application requires placement on a Council agenda and formal Council action.

County of Ventura: Separately and independently, an applicant must also obtain a permit through the County of Ventura. Pursuant to the December 17, 1991, agreement between the City and the County, the County is responsible for administering the inspection of wells under construction within the City limits. The County's role is therefore focused on the physical inspection of well construction activity, ensuring that wells are built in conformance with applicable standards.

Ojai Basin Groundwater Management Agency (OBGMA): OBGMA was established as one of the exclusive local agencies under California Water Code Section 10723, with statutory authority to manage groundwater within its boundaries. OBGMA's role is limited to monitoring and tracking groundwater and groundwater well use within the basin.

Importantly, OBGMA does not play a role in the construction permitting process for individual wells — its function is ongoing groundwater stewardship rather than project-level permit approval.

The result of this three-agency framework is that an applicant seeking to construct a single well within the City of Ojai must independently apply for and obtain a permit from both the City and the County before construction may begin.

Options for Council Consideration
Staff have identified four options for the Council's consideration:

Option 1 - Leave the existing ordinance and County agreement in place. Continue processing permits as currently required, with the City Council serving as the approving authority.

Option 2 - Adopt Ordinance No. 973 to suspend the well permit requirements, consistent with Council’s direction to include a biennial review provision requiring the matter to return to Council every two years to consider reinstatement and terminate the 1991 Agreement with the County of Ventura.

Option 3 - Amend the ordinance to delegate the well permit approving authority from the City Council to the City Manager or designee, streamlining the process while keeping the ordinance, and the County agreement, in place.

Option 4 - Direct staff to contact Ventura County to determine whether the County would agree to perform the other activities required by the City Council, including permit issuance (which may require a corresponding Code change to the Ojai Municipal Code to delegate such responsibilities to the Public Works Director so that they are included in the category of services performed by the County under the Agreement).

CITY COUNCIL GOALS ALIGNMENT
Goal No. 5 - Public Safety
409

OPTIONS

1. Take no action;

2. Provide alternative direction to staff.

FISCAL IMPACT
There is no fiscal impact associated with the review and consideration of this well permit ordinance discussion. Dependent on council decision, staff time and capacity may increase or decrease.

Prepared by: Jacquelyn Rojas, Administrative Analyst II

ATTACHMENT(S)
A. Current Well Ordinance
B. Revised Well Ordinance with Suspension of Certain Requirements C. County of Ventura Agreement for Well Inspections
410
CHAPTER 3

WATER STANDARDS
City of Ojai, CA
§ 7-3.101
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 Attachment A
411
Article 1
Water Works Manual
Editor's note—Sections 7-3.01 and 7-3.02, added by Ord. No. 447, renumbered by codifier.
§ 7-3.101. Adoption by reference.

The Water Works Manual of the County, originally adopted by the Board of Supervisors of the County on June 8, 1965, by Resolution No. 415, and all subsequent amendments and additions thereto, is hereby adopted and incorporated in this chapter by reference as though set forth in full in this chapter.
(§ I, Ord. 447, eff. March 23, 1972)
§ 7-3.102. Violations.

Any violation of the provisions of said Water Works Manual shall be an infraction and shall be punishable as provided in Chapter 2 of Title 1 of this Code. (§ I, Ord. 447, eff. March 23, 1972, as amended by Part 3, Ord. 508, eff. July 24, 1975) City of Ojai, CA
§ 7-3.101 § 7-3.102
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 412
Article 2
Well Construction, Modification and Demolition Standards § 7-3.201. Short title.

This article shall be known as the "Well Construction, Modification and Demolition Standards Ordinance of the City of Ojai."
(§ 1, Ord. 671, eff. March 30, 1990)
§ 7-3.202. Purpose.

It is the purpose of this article to provide, in cooperation with the County of Ventura, for the construction, maintenance, operation, use, repair, modification and destruction of wells within the City in such a manner so as to insure a continued adequate supply of drinking water for the citizens of Ojai, to prevent the contamination or pollution of the City's ground water and to insure that water obtained from wells within the City's corporate limits shall be suitable for the use of its citizens and will not jeopardize the health, safety or welfare of its people.
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 1, Ord. 676, eff. November 30, 1990)
§ 7-3.203. Definitions.

For the purposes of this article, unless the context otherwise requires:
"Abandoned well" means any of the following:
"Acre-foot" means the volume of water necessary to cover one acre to a depth of one foot; equal to 43,560 cubic feet or 325,851 gallons.
"Active well" means a water well that has operated for at least eight hours during a calendar year, a monitoring well from which data has been collected at least once during the past two years, or a cathodic protection well maintained and utilized for its intended (1) A water well used less than eight hours in any 12 month period; A monitoring well from which no monitoring data has been taken for a period of two years;
(2)
A well which is in such a state of disrepair that it cannot be made functional for its original use or any other use regulated by this article within six months or such other shorter or longer period as determined by the Director depending on well condition and risk to the aquifer;
(3)
An engineering test hole 24 hours after construction and testing work has been completed on the site;
(4)
(5) A cathodic protection well which is no longer used for its intended purposes; or A water well for which annual reports of well usage pursuant to Section 7-3.223 have not been submitted.
(6)
City of Ojai, CA
§ 7-3.201 § 7-3.203
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 413
purpose.
"Applicant" means the well owner or the well owner's authorized representative. "Aquifer" means a body of rock or sediment that is sufficiently porous and permeable to store, transmit, and yield significant or economic quantities of groundwater to wells and springs.
"Aquitard" means a confining bed and/or formation composed of rock or sediment that retards but does not prevent the flow of water to or from an adjacent aquifer and that does not readily yield water to wells or springs but stores groundwater. "Artesian pressure" means the hydrostatic pressure of artesian water, often expressed in terms of pounds per square inch, or the height, in feet above land surface, of a column of water that would be supported by the pressure and which pressure may cause water to flow from the well.
"Backup well" or "standby well" means a well that is not the primary well, but is a well used to provide supplemental water when the primary well is out of service or not fully functional. The backup well shall not be used to initiate any new use or increased use of groundwater, and must meet the minimum requirements for an active status well. "Cannot locate well" means a classification assigned to a well which the owner cannot locate.
"Cannot locate well report" means a classification assigned to a well for which the owner has conducted a well search according to the County's Well Location Procedures, and submitted a report documenting the search efforts and results. "Cathodic protection well" means any artificial excavation in excess of 50 feet constructed by any method for the purpose of installing equipment or facilities for the protection electrically of metallic equipment in contact with the ground, commonly referred to as cathodic protection as defined in Section 13711 of the California Water Code.
"Certificate of exemption" means a certificate prepared by the City or documenting that a well condition inspection has been conducted by an authorized inspector and a well condition inspection report has been prepared and deemed satisfactory by the City. "City" and "City Council" means the City of Ojai and the City Council of the City of Ojai.
"City inspector" means a person authorized by the Director to inspect all work for which a permit is issued pursuant to this article.
"Community water supply well" means any water well which provides water for public water systems as defined in Section 116275, subdivisions (h) and (i) of the Health and Safety Code.
"Completion operation" means any of the following work conducted after artificial excavation:
(1) Placement of a well casing;
(2) Gravel packing;
City of Ojai, CA
§ 7-3.203 § 7-3.203
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 414
"Contaminant" means any substance or property preventing the use or reducing the usability of water for ordinary purposes such as drinking, preparing food, bathing, washing, recreation, and cooling, or any solute or cause of change in physical properties that renders water unfit for a given use.
"Confined aquifer" means an aquifer that is bounded above and below by formations of distinctly lower permeability than that of the aquifer itself, or an aquifer containing confined groundwater.
"De minimis extractor" means a person, who extracts for domestic purposes, two acrefeet or less per year. "Department" means the City's Public Works Department.
"Demolition" or "destruction" of a well means to fill it (including both interior and annular spaces if the well is cased) completely in such a manner that it will not produce water or act as a conduit for the interchange of water between any water-bearing formations penetrated.
"Destroy" means to fill a well (including both interior and annular spaces if the well is cased) completely in such a manner that it will not produce water or act as a conduit for the transmission of water between any water-bearing formations penetrated. "Director" means the Director of the Department or duly authorized representative. "Engineering test hole" means an uncased excavation used to determine the engineering or geological properties of subsurface materials by seismic investigation, direct observation or any other means.
"Exempt well" means an abandoned well for which a well condition inspection report has been conducted and a certificate of exemption has been approved by the City of Ojai. "Flowmeter" means a manufactured instrument for accurately measuring and recording the volume of water pumped from a well or wells.
"Good state of repair" means a well whose condition is adequate to perform its intended function without allowing contaminants to migrate between zones of water bearing sediments where one or more zones contain water of different quality and where the well has a physical barrier that prevents surface water contaminants from entering groundwater.
"Groundwater" means water beneath the surface of the earth within a zone below the water table in which the soil is completely saturated with water, but does not include water that flows in known and definite channels.
"Groundwater basin" means an alluvial aquifer or a stacked series of alluvial aquifers with reasonably well defined boundaries in a lateral direction and having a definable bottom.
(3) Sealing;
(4) Perforation of a well casing; or
Any other work listed on a permit issued pursuant to this article as being a required part of a completion operation.
(5)
City of Ojai, CA
§ 7-3.203 § 7-3.203
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 415
"Individual domestic well" means any water well used to supply water for domestic needs of an individual residence, commercial establishment, or farming operation. "Inspect" a well means to personally witness, record, and certify work pursuant to a condition or conditions of a valid permit.
"Inspector, approval and registration." Application for approval as a registered inspector shall include proof that the applicant is in compliance with all applicable California State laws pertaining to registration, licensing and compensation insurance. A list shall be maintained by the Director, listing each inspector's state registration license and compensation insurance number. A listed person shall be dropped from the list automatically on any such expiration date, unless prior to such expiration he or she provides to the Director satisfactory proof of renewal in accordance with State law, in which case he or she shall remain on the approval list of registered inspectors. "Modify" or "repair" a well means to replace its casing in a manner which involves removal or partial removal of the old casing, to reperforate its casing, to install a liner in the well, or to change the depth of the well.
"Monitoring well" means a cased or uncased well used exclusively for monitoring or sampling the conditions of a water-bearing aquifer, such as water pressure, depth, movement or quality.
"Noncompliant well" means an abandoned well for which the owner does not repair or reuse, destroy or obtain a certificate of exemption.
"Owns." A person owns a well if such person is the owner of the land on which the well is located.
"Person" means any natural person and any artificial person, including any corporation, partnership or governmental entity.
"Pollution" means an alteration of the physical, chemical, or biological properties of water by the introduction of any substance into water that adversely affects any beneficial use of water.
"Possesses." A person possesses a well if such person is in actual possession of the well or has a legal right to the possession thereof.
"Registered inspector" means a professional engineer or registered geologist currently registered in California and approved by the Director to inspect drilling and sealing operations for engineering test holes and monitoring wells. A technician trained and experienced in drilling and sealing operations who is working under the direct supervision of one of the aforementioned professionals shall be deemed qualified to perform required inspection(s) provided one of the aforementioned professionals reviews the well inspection record and assumes responsibility for the accuracy and completeness of the work by signing the well inspection record. "Replacement well" means a new well that replaces a well but does not increase the former well's capacity. Well capacity means the name plate performance rating for the existing well equipment or the well's documented historical production. "Unconfined aquifer" means an aquifer which is not bounded on top by an aquitard and City of Ojai, CA
§ 7-3.203 § 7-3.203
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 416
the upper surface of which is the water table.
"Unsaturated zone" means the zone below the land surface in which pore space contains both water and air.
"Water well" means any artificial excavation constructed by any method for the purpose of determining the liability of water, extracting water from or injection water into the underground, except the following:
"Well completion report" means a required, confidential report detailing the construction, alteration, abandonment, or destruction of any water well, cathodic protection well, groundwater monitoring well, or geothermal heat exchange well. The reports were called water well drillers' reports prior to 1991 and are often referred to as "driller's logs." The report requirements are described in Water Code Section 13751. "Well condition inspection report" means a report documenting the integrity of a well and its associated components pursuant to Section 7-3.213. "Well field" means two or more water wells located in close proximity or area, and that extract groundwater.
"Wellhead protection area" means the surface and subsurface area surrounding a water well or well field that supplies a public water system through which contaminants are reasonably likely to migrate toward the water well or well field. (§ 1, Ord. 671, eff. March 30, 1990, as amended by § 2, Ord. 676, eff. November 30, 1990, and § 2, Ord. 874, eff. July 13, 2017)
§ 7-3.204. Permit required.

Oil wells, gas wells, and geothermal wells subject to regulation under the provisions of Division 3 (commencing with Section 3000) of the Public Resources Code; and (1)
Wells used exclusively for the purposes of dewatering excavation during construction or of stabilizing hillsides or earth embankments. (2)
(a) No person shall within the City drill, dig, sink, deepen, construct, repair, modify, demolish or destroy any cathodic protection well which is over 50 feet deep, any engineering test hole which is over 50 feet deep or any monitoring or water well unless such work is done pursuant to and in compliance with an unexpired written permit for such work obtained from the City Council as provided in this chapter.

The City Council may issue an annual permit for one or more engineering test holes which are over 50 feet deep and are inspected by a registered inspector. (b) Where wells and equipment are currently used to supply water to land within the City, such wells and equipment may continue to supply water and may be maintained, operated, used and repaired for that purpose without permit provided that such maintenance, operation, use or repair shall be in accordance with the standards and provisions of this chapter.
(c) Types of permits for water wells.
(1) Permits for construction, modification, replacement, and repair of all water City of Ojai, CA
§ 7-3.203 § 7-3.204
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 417
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 3, Ord. 676, eff. November 30, 1990, and § 2, Ord. 874, eff. July 13, 2017)
§ 7-3.205. Application for permit—Contents, hearing, decisions. wells;
(2) Permits for destruction of all wells, except engineering test holes which shall be destroyed immediately after completion of testing in compliance with Section 7-3.213; and
(3) Annual permits for one or more engineering test holes which are over 50 feet deep and which are inspected by registered inspectors.
(a) Applications for permits shall be made to the City Council and shall include the following:
(1) A plot plan indicating the exact location of the well with respect to the following items within a radius of 500 feet of the well:
(i) Approximate property lines,
(ii) Sewage disposal systems or works carrying or containing sewage, (iii) All intermittent or perennial, natural or artificial bodies of water or water courses,
(iv) Drainage pattern of the property,
(v) Existing wells of all types, regardless of whether they are subject to regulation under this article, and
(vi) Access roads;
(2) Location of property;
(3) Name of person who will perform the work on the well; (4) Name and affiliation of registered inspector (monitoring wells and engineering test holes only);
(5) Proposed depth of well;
(6) Use of well;
(7) Proof satisfactory to the City Council that the person who will construct the well is in possession of a valid license appropriate to such work which has been issued in accordance with the Contractors License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code);
(8) A certificate satisfying the requirements of Section 3800 of the Labor Code (Workers' Compensation);
City of Ojai, CA
§ 7-3.204 § 7-3.205
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 418
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 3, Ord. 676, eff. November 30, 1990)
§ 7-3.206. Permit requirements and expiration.

Permits shall require compliance with all applicable standards set forth in Section 7-3.211. A permit, to be valid, must comply with all other applicable provisions of law.

A permit shall expire six months from the date of issuance, unless it is extended by the Director. The Director may grant one or more extensions of a permit, each for a period not to exceed three months, if the permittee proves to the satisfaction of the Director that circumstances beyond the control of the permittee make it infeasible to complete the permitted work prior to the expiration date. Annual permits for engineering test holes shall expire one year from the date of issuance.
(§ 1, Ord. 671, eff. March 30, 1990)
§ 7-3.207. Time to complete permitted work and satisfy permit requirements.

The permittee shall complete work authorized by the permit and satisfy all the requirements of the permit prior to the expiration date of the permit. (§ 1, Ord. 671, eff. March 30, 1990)
§ 7-3.208. Guarantee of permitted work.

Prior to the issuance of a permit or any extension thereof, the applicant may be required to post with the Department a cash deposit or bond to guarantee compliance with the provisions of this article and the applicable permit, such case or bond to be in an amount deemed necessary by the Director to remedy improper work, but not in excess of the total estimated cost of the permitted work.
(§ 1, Ord. 671, eff. March 30, 1990)
§ 7-3.209. License and registration required of persons performing permitted (9) Such other information as the City Council may deem necessary in order to determine whether underground waters will be protected; (10) No person shall, within the City right-of-way, cause to construct, repair, modify, demolish or destroy, any well or wells as defined in Section 7-3.203, unless in possession of a valid encroachment permit as per Title 7, Chapter 1 of the Ojai Municipal Code.
(b) Each application for a well permit shall be scheduled for a hearing by the City Council at its regular meeting after the application is filed in proper form or as soon as practicable thereafter. The City shall notify the applicant and such other persons as might be deemed interested or affected by the application of the time of the hearing.
(c) The City Council may grant or deny an application for a well permit in whole or in part and with such conditions, modifications or limitations on any part of an application as the City Council deems appropriate to carry out the purpose and goals of this chapter.

City of Ojai, CA
§ 7-3.205 § 7-3.209
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 419
work.

No person shall perform any work, either on such person's own property or on the property of another, for which a permit is required by Section 7-3.204, unless such person is in possession of a valid license appropriate to such work which has been issued in accordance with the Contractors' State License Law (Chapter 9, commencing with Section 7000, of Division 3 of the Business and Professions Code) and is registered with the Department to perform work permitted by this article. Licensed water well contractors (Class C-57) registered with the Department may perform all types of permitted work while licensed engineering contractors (Class A) and limited specialty contractors (Class C-61) registered with the Department may only perform permitted work on engineering test holes. The registration shall expire automatically on the expiration date indicated on the copy of the license or the expiration date indicated on the copy of the certificate of workers' compensation insurance submitted with the application, whichever expiration date is earlier.
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 2, Ord. 874, eff. July 13, 2017) § 7-3.210. Suspension or termination of permit.

Any permit issued pursuant to Section 7-3.204 is subject to suspension or termination prior to expiration as provided in this section.
(a) Grounds. Any of the following occurrences constitutes a ground for termination of the permit:
(1) Suspension, revocation or termination of the license, required by Section 7-3.209, of the person who is to perform the work; or
(2) Failure of such person to comply with any provision of Section 3800 of the Labor Code; or
(3) Failure of such person or of any person who owns or possesses the well to comply with any provision of this article or any permit issued pursuant thereto. (b) Notice. To initiate proceedings to terminate a permit, the Director shall send written notice to the person to whom the permit was issued. The notice shall briefly describe the suspected occurrence which constitutes a ground for termination, shall specify a time and place of a hearing at which such person shall be afforded an opportunity to present evidence showing that there has been no such occurrence, and shall state that the failure to appear and present such evidence may result in termination of the permit.
(c) Hearing. The Director shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The person to whom the permit was issued shall have the right to present relevant evidence at the hearing. The Director may, but need not, permit other persons to present relevant evidence. At the conclusion of the hearing, or within 30 calendar days thereafter, the Director shall determine, based upon the preponderance of the evidence accepted at the hearing, whether there has been such City of Ojai, CA
§ 7-3.209 § 7-3.210
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 420
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 2, Ord. 874, eff. July 13, 2017) § 7-3.211. Standards.

Standards for the construction, relocation, replacement, repair, backup or standby modification or destruction of wells shall be those set forth in the California Department of Water Resources Bulletin Nos. 74-9, Chapter IV, entitled "Water Well Standards—Ventura County," Bulletin No. 74-81, Chapter II, entitled "Water Well Standards—State of California," and Bulletin 74-90, entitled "California Well Standards - State of California," as supplemented or revised from time to time by the California Department of Water Resources, with the following exceptions:
an occurrence. The determination of the Director shall be final and conclusive. Such determination shall be in writing and shall contain a brief statement of the findings of fact upon which the determination is based. If the determination is that there has been such an occurrence, the Director shall terminate the permit; provided, however, that the Director shall have the discretion not to terminate the permit if the Director determines that the occurrence was not willful, is not ongoing, and is not likely to recur.
(d) Prehearing suspension. The Director may suspend a permit prior to the hearing when the Director determines that such action is necessary to protect the public health and safety or the environment from imminent danger. The Director shall notify the person to whom the permit was issued of suspension. The suspension shall remain in effect until the Director makes a final determination based upon the hearing; provided, however, that the Director may lift the suspension at any earlier time at which the Director determines that it is no longer necessary.

This section shall not deprive the Director or the City of authority to pursue any other action or remedy otherwise available to them under the law. (a) The City Council may adopt additional or more stringent standards to be applicable to any or all zones as delineated in the aforementioned Bulletins. (b) All community water supply wells and individual domestic wells shall be constructed with a sounding tube, tap hole with plug, or similar access for water level measuring equipment. For wells fitted with a well cap, the cap shall have a removable plug for this purpose. (State of California Department of Water Resources' Bulletin No. 74-81). Well discharge piping shall contain a water sampling port or valve for water quality sampling. Every new water well shall be equipped with a flowmeter. This flowmeter requirement does not apply to de minimis extractors. For those required to have flowmeters, flowmeters will be calibrated and a report submitted to the Agency at a minimum of every three years.

The specifications for flowmeter calibration are set forth in Appendix 1.

Substitution of comparable flowmeter calibration specifications may be approved upon review by the Director
(c) All pump discharge pipes not discharging or open to the atmosphere shall be equipped with an automatic device to prevent backflow and/or siphonage into a City of Ojai, CA
§ 7-3.210 § 7-3.211
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 421
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 4, Ord. 676, eff. November 30, 1990, and § 2, Ord. 874, eff. July 13, 2017)
well. Specific backflow prevention measures are required for drinking water supply wells as prescribed in Title 17, Public Health,California Code of Regulations (Sections 7583 through 7585 and 7601 through 7605), effective June 25, 1987. (State of California Department of Water Resources' Well Standard Bulletin No. 74-90) Irrigation well systems, including those used for landscape irrigation and other well systems that employ, or which have been modified to employ, chemical feeders or injectors, shall be equipped with a backflow prevention device (State of California Department of Water Resources' Well Standard Bulletin No. 74-90). A check valve may also be utilized to meet this backflow prevention requirement. (d) All community water supply wells and individual domestic wells shall be provided with a pipe or other effective means through which chlorine or other disinfecting agents may be introduced directly into the well. If a pipe is provided, it shall be installed at a height at or above the pump slab, shall be kept sealed, and shall be provided with a threaded or other secure cap. Equivalent protection for preventing contaminants from entering the well shall be provided for subsurface pump discharge installations. If an air relief vent is used, it shall terminate downward and be screened with 16 mesh screen to prevent contaminants from entering the vent. (e) Every new, repaired or modified community water supply well or individual domestic water well, after construction, modification or repair, and before being placed into service, shall be thoroughly cleaned of all foreign substances and shall be thoroughly disinfected utilizing the procedures set forth in Appendix C of the aforementioned Bulletin No. 74-81.
(f) For irrigation and industrial wells chemicals of any type are not to be injected, pumped or poured into the well with the exception of disinfectants following any well rehabilitation work. Rehabilitation work may include use of chemicals to clean or remove scale from the well casing and gravel pack (if installed). Chemicals used for disinfection of groundwater extracted from the well shall be injected downstream from a backflow prevention device. Continuous injection or drip of chemicals into the well is prohibited.
(g) Engineering test holes deeper than 50 feet shall be destroyed within one working day upon completion of testing by completely filling and/or sealing of the borehole in accordance with criteria established by the Agency. The Agency may waive complete sealing if the permittee demonstrates to the Director's satisfaction that the purpose of this article as set forth in Section 7-3.202 will be satisfied. (h) No well, regardless of status, shall be left unattended without a cap that has been constructed to prevent the accidental access to the well by a person or animal, or have an opening that allows the well to be susceptible• to contaminants or pollution. (i) All wells shall be located an adequate horizontal distance from potential sources of contamination and pollution as specified in the Department of Water Resources, California Well Standards Bulletins No. 74-81, Section B.A.

City of Ojai, CA
§ 7-3.211 § 7-3.212
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 422
§ 7-3.212. Log of well.

Licensed water well contractors who have performed any work for which a permit is required by this Article and which work involves drilling, digging, excavating or boring of a well, except for an engineering test hole, shall, within 30 days of completion of such work, submit to the Agency an accurate and complete well completion report.

For the purpose of obtaining sealing requirements from the Agency, geophysical well logs will be required as described in this article. New water wells in Sealing Zone Ill shall have a geophysical log. New water wells in Sealing Zone II shall either have a geophysical log, or soil samples shall be collected and recorded for every 10 feet of depth within potential sealing zones. Geophysical logs must include spontaneous potential, and resistivity (short and normal, or lateral log). All abandoned water wells to be destroyed in Sealing Zones II and Ill shall have a geophysical log by gamma ray if no existing electric log or satisfactory drilling report is available for that well, unless it is determined by the Agency that a log is not warranted.

Any permittee whose water well contractor fails to comply with this provision shall be in violation of this article and shall not be granted any new permits until the violation has been corrected. This shall not preclude the application of other penalties for violation of this article. A well log shall include, at a minimum, all of the following:
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 2, Ord. 874, eff. July 13, 2017) § 7-3.213. Well inspection report.

Well construction seal inspection report. A County inspector will prepare a well seal inspection report for water wells and cathodic protection wells constructed pursuant to and in compliance with an unexpired permit issued under this article. (a) A detailed record of the boundaries, character, distribution and color of all lithologic units penetrated;
(b) The type and size of well casing;
(c) The location of perforations, sealing zones and existing seals; (d) Reports on the quantity and quality of groundwater (if available); and (e) Any other data required by the Director in the permit conditions. (a) Well destruction seal inspection report. A County inspector will prepare a well seal inspection report for water wells and cathodic protection wells destroyed pursuant to and in compliance with an unexpired permit issued under this article. (b) Monitoring well/engineering test hole construction seal inspection report. The well seal inspection report for monitoring wells and engineering test holes constructed pursuant to and in compliance with an unexpired permit issued under this article shall be submitted by a registered inspector within 30 days of sealing on a form* satisfactory to the Agency, and shall include:
(1) Permit number.

City of Ojai, CA
§ 7-3.212 § 7-3.213
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 423
(2) Date(s) of sealing work.
(3) Number of wells constructed under this permit.
(4) Diameter and depth of bore hole(s), diameter and depth of casing(s) installed, depth to top and bottom of perforated interval(s), and depth(s) to top of annular filter pack.
(5) Depth to water.
(6) Depth and type of sealing material(s).
(7) Method of placement of sealing material(s).
(8) Method of protection of wellhead or open (engineering test) bore hole.** (9) Signature of registered inspector.
* Bulletin 74-90 (DWR) requires that monitoring well construction, alteration, and destruction reports be completed on forms provided by the California Department of Water Resources.
** Section 7-3.211(g) requires that all engineering test holes be destroyed within one working day after completion of testing.
(c) Monitoring well destruction seal inspection report. The well seal inspection report for monitoring wells and engineering test holes destroyed pursuant to and in compliance with an unexpired permit issued under Section 7-3.204 shall be submitted by a registered inspector within 30 days of sealing on a form* satisfactory to the Agency, and shall include:
(1) Permit number.
(2) Date(s) of sealing work.
(3) Number of wells destroyed under this permit.
(4) Diameter and depth of bore hole(s) and diameter and depth of casing(s) installed (monitoring wells).
(5) Depth to water.
(6) Depth and type of sealing material(s).
(7) Method of placement of sealing material.
(8) Method of restoration of site area.
(9) Signature of registered inspector.

City of Ojai, CA
§ 7-3.213 § 7-3.213
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 424
(§ 1, Ord. 671, eff. March 30, 1990)
§ 7-3.214. Corrective actions.

Any person who owns a well and any person who is in possession of a well, may be required to take corrective action with respect to the well as provided in this section. * Bulletin 74-90 (DWR) requires that monitoring well construction, alteration, and destruction reports be completed on forms provided by the California Department of Water Resources.
(d) Water well condition inspection report for certificate of exemption or returning well to active status. Any person who owns or who possesses a water well that is abandoned or about to become abandoned due to lack of use, but who does not desire to destroy the well, may submit to the Agency a well condition inspection report signed by a registered inspector pursuant to Section 7-3.216. The report shall include:
(1) State well number.
(2) Driller's report.
(3) Assessor parcel number of the property on which the well is located. (4) An accurate location description with respect to nearby wells, septic systems, animal enclosures, roads, and property boundaries.
(5) Photographs of the well site, taken not more than six months prior to application for a certificate of exemption.
(6) Video log of well casing, conducted not more than six months prior to application for a certificate of exemption.
(7) A description of the well casing condition based upon a review of the most recent video log of the well.
(8) An opinion that the well is, or is not, equipped with an annular seal or seals to prevent the interchange of waters between water-bearing strata penetrated by the well.
(9) A statement that the well is, or is not, protected from artesian flow and from entry by surface waters.
(10) A description of any work necessary to assure the safety of local groundwater supplies due to the continued existence of the well.
(11) A description of any repair work necessary to allow the well to function for its intended purpose.
(a) Grounds. Any of the following occurrences constitutes a ground for ordering corrective action:
(1) Maintenance, operation or use of the well in a manner that will cause or City of Ojai, CA
§ 7-3.213 § 7-3.214
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 425
(§ 1, Ord. 671, eff. March 30, 1990)
contribute to, or run a substantial risk of causing or contributing to, the pollution or contamination of the groundwater; or
(2) Construction, maintenance, repair, modification or destruction of the well in a manner that violates any provision of this article.
(b) Notice. To initiate proceedings to order corrective action, the Director shall send written notice to the person who owns the well or the person in possession of the well or both of them. The notice shall briefly describe suspected occurrence which constitutes a ground for ordering corrective action, shall describe the proposed corrective action, shall specify a time and place of a hearing at which such person shall be afforded an opportunity to present evidence showing that there has been no such occurrence or that the proposed corrective action is inappropriate, and shall state that failure to appear and present such evidence may result in an order requiring such person to take some or all of the proposed corrective action. (c) Hearing. The Director shall conduct the hearing specified in the notice. The hearing shall be informal and shall not be governed by rules of evidence applicable to courts of law. The person to whom the permit was issued shall have the right to present relevant evidence at the hearing. The Director may, but need not, permit other persons to present relevant evidence. At the conclusion of the hearing, or within 30 calendar days thereafter, the Director shall determine, based upon the preponderance of the evidence accepted at the hearing, whether there has been such an occurrence, and if so, whether the proposed corrective action is appropriate. The determination of the Director shall be final and conclusive. (d) Order. If the determination is that there has been such an occurrence and that some or all of the proposed corrective action is appropriate, the Director may issue and serve upon the person or persons who were served with notice of the hearing a written order requiring such appropriate corrective action. The order shall state a deadline for commencing the corrective action if such action is to be ongoing, and shall state a deadline for completing the corrective action if such corrective action is not to be ongoing. The order shall further state that, if the corrective action is not taken in compliance with the order, such action may be taken by the City at the expense of the person served with the order and, in addition, such person may be subject to criminal prosecution.
(e) Compliance. Any owner or possessor of the well who is served with such an order shall, on or before the deadline stated therein, commence every corrective action described therein as being ongoing, and complete every corrective action described therein as not being ongoing. Any owner or possessor of the well served with such an order, and any person who thereafter acquires ownership or possession of the well with actual or constructive notice of the order, shall, for so long as such person owns or possesses the well, continue to take every corrective action described in the order as ongoing, until such time as either the well is destroyed pursuant to this article or the Director states in writing that such ongoing corrective action is no longer necessary.

City of Ojai, CA
§ 7-3.214 § 7-3.215
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 426
§ 7-3.215. Destruction of abandoned wells.

No person shall own or possess an abandoned cathodic protection well which is over 50 feet deep, an abandoned monitoring well, an abandoned engineering test hole which is over 50 feet deep, or an abandoned water well, unless either such well has been destroyed pursuant to this article or a current certificate of exemption has been issued for such well pursuant to Section 7-3.216.
(§ 1, Ord. 671, eff. March 30, 1990)
§ 7-3.216. Certificate of exemption.

Any person who owns or possesses a water or monitoring well which is abandoned or about to become abandoned but who intends to use such well again may apply to the City Council, in a form satisfactory to the City Council, for a certificate of exemption from the requirement that such well be destroyed. If the City Council determines from such application that exemption from the requirement that the well be destroyed would not result in pollution or contamination of ground water and would not create a hazard to health or safety, the City Council may, but shall not be required to, issue such a certificate of exemption. A certificate of exemption shall expire five years after issuance and may be terminated by the City Council at any time prior to expiration upon a determination that destruction of the well is necessary to prevent pollution or contamination of ground water or to avoid a hazard to health or safety. Such successive certificates of exemption may be issued with respect to a well in the same manner as the original certificate.
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 5, Ord. 676, eff. November 30, 1990, and § 2, Ord. 874, eff. July 13, 2017)
§ 7-3.217. Fees.

The City Council may, by resolution, establish fees for the processing of any application for approval as a registered inspector, for registration with the Department pursuant to Section 7-3.209, or for a permit, extension of permit, or certificate of exemption pursuant to this article. The payment of such fee, if any, established by such resolution shall accompany the application to which it pertains. If the application is withdrawn before issuance of the permit, the Department shall compute the cost to the City of processing the application up to that point in accordance the City's standard cost accounting procedures and, if such cost is less than the amount of the fee paid, the difference shall be refunded to the applicant.
(§ 1, Ord. 671, eff. March 30, 1990)
§ 7-3.218. Inspection.

The Director and his or her City inspectors may, at any and all reasonable times, enter any and all places, property enclosures and structures for the purpose of making examinations and investigations to determine whether any provision of this article is being violated. The Director may require that any work for which a permit is required by this article be completed in stages and that work completed for any stage be inspected prior to any further work. Registered inspectors must inspect drilling and sealing City of Ojai, CA
§ 7-3.215 § 7-3.218
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 427
operations for engineering test holes and monitoring wells if required by permit conditions.
(§ 1, Ord. 671, eff. March 30, 1990)
§ 7-3.219. Penalties.

Any person, firm or corporation, whether as principal, agent, employee or otherwise, violating any provision of this chapter shall be guilty of an infraction or a misdemeanor at the discretion of City authorities as provided in Title 1, Chapter 2, Section 1-2.03 of this Code and, upon conviction thereof, shall be subject to the penalties provided therein.

Such person, firm or corporation shall be deemed guilty of a separate offense for each and every day during any portion of which any violation of this chapter is committed, continued, or permitted by such person, firm or corporation and shall be punishable as provided in this section. The provisions of this section are in addition to and independent of any other sanctions which are or may be imposed under this chapter or any other provision of law.
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 7, Ord. 697, eff. June 25, 1993) § 7-3.220. Abatement.

If any corrective action required by an order issued pursuant to Section 7-3.214 is not taken in full compliance with such order, the Director may cause the corrective action to be taken by the City and all persons required by Section 7-3.214 to take such corrective action shall be jointly and severally liable to the City for the cost of such action. In cases where the public health and safety require emergency corrective action, the Director may cause the emergency corrective action to be taken by the City without a prior order or notice and all persons who own or possess the well shall be jointly and severally liable to the City for the cost of such action.
(§ 1, Ord. 671, eff. March 30, 1990)
§ 7-3.221. Exemption.

The foregoing provisions of this chapter do not apply to any leak detection system installed or destroyed pursuant to the provisions of Chapter 6.7 (commencing with Section 25280) of Division 20 of the Health and Safety Code or of Article 2 (commencing with Section 4521) of Chapter 5 of Division 4 of the Ventura County Ordinance code. The City Council may also waive permit requirements for installation or destruction of monitoring and recovery wells to determine the extent of or remove underground tank contamination, pursuant to the requirements of the State of California or the County of Ventura, if the City Council determines that the purpose of this article as set forth in Section 7-3.202, will be satisfied. The City Council may also waive permit requirements for installation or destruction of natural gas monitoring and recovery wells pursuant to the requirements of the State of California or the County of Ventura if the City Council determines that the purpose of this article as set forth in Section 7-3.202 will be satisfied.
(§ 1, Ord. 671, eff. March 30, 1990, as amended by § 6, Ord. 676, eff. November 30, 1990)
City of Ojai, CA
§ 7-3.218 § 7-3.222
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 428
§ 7-3.222. Flow prevention device.

All wells having a history of flowing as a result of artesian pressure shall be maintained and equipped to prevent flowing due to pressure in the aquifer system. Wells without any history of flowing that begin to flow shall be repaired, or retrofitted as necessary to prevent flowing. Such repair or retrofit shall be completed within a period of 30 days of notice by County. This includes flowing as a result of a failed casing or other deteriorated component, or the absence of a surface seal. (§ 2, Ord. 874, eff. July 13, 2017)
§ 7-3.223. Aquifer protection program.

The purposes of this program are to allow retention of those wells that are being used and are in good condition and to require either repair or destruction of those wells that are not usable and are causing ground-water pollution.
(a) Water wells.
(1) Beginning on January 1, 1999, and on each January first thereafter, any person who owns a water well, or any person who is in possession of a water well, except those wells for which a valid certificate of exemption is in effect, shall submit to the Agency a report of the volume of groundwater extracted, as measured by flowmeter if so equipped, or other reasonable means, and the total time the well was operated within the preceding 12 months. In addition, for water wells constructed to allow access for water level measuring, the static water level in each water well shall be measured and reported annually. Any results from a completed aquifer pump test, or groundwater quality data collected shall also be reported. This report shall be submitted to the Agency prior to February 1 of each year on a form approved by the Agency. (2) If a well is classified as abandoned, as defined in Section 7-3.203, a certificate of exemption shall be obtained or the well may be returned to active status by completing a well condition inspection report in the manner provided in Section 7-3.216, or the well shall be destroyed as required by Section 7-3.215. (b) Based upon the above information, all wells in the unincorporated areas of Ventura County shall be classified as one of the following:
(1) Active;
(2) Abandoned with a valid certificate of exemption;
(3) Abandoned and requiring destruction;
(4) Noncompliant-abandoned;
(5) Noncompliant;
(6) Cannot locate; or
(7) Cannot locate report.

City of Ojai, CA
§ 7-3.222 § 7-3.223
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 429
(§ 2, Ord. 874, eff. July 13, 2017)
(c) Applicants in violation of this article shall not be entitled to further well permits or any land use entitlement until all violations of this article are corrected.

City of Ojai, CA
§ 7-3.223 § 7-3.223
Downloaded from https://ecode360.com/OJ4979 on 2026-08-20 430

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 431

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.
432

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. 433

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.
434

ATTACHMENT A
5 PASSED, APPROVED and ADOPTED this ____ day of ___, 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 ___, 2026, and adopted at a regular meeting held on _________________, 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 ___ day of _______________ 2026.
___________________________________
Weston Montgomery, Chief Deputy City
Clerk
435
436
Agreement for Well Permit
and Inspection Services
3, Any and all fees payable under the City's Well
Construction, Modification and Demolition Standards Ordinance shall be collected and retained by County. If such fees are set by City in amounts less than are set by County for the same services under the County's Groundwater Conservation Ordinance, City shall pay County the difference between what County actually collects under the City's Well Construction, Modification and Demolition Standards Ordinance and what County would have collected had the City's fees been
identical to the County's fees. Such payment by City shall be made within thirty days of receipt of County's bill, which may be sent to City periodically at any time within six months after the month in which the charges listed in the bill accrued.

4. All persons employed by County in the performance
of this Agreement shall be County employees. No person
employed by County in the performance of this Agreement shall have any City pension, civil service status, or other right or status pertaining to City employment. However, for the limited purpose of giving official status to County personnel performing services pursuant to this Agreement, every County officer and employee performing such services shall be deemed to be doing so as an officer or employee of City.

5. City, its officers and employees, by this
Agreement do not assume any liability for the direct payment of any salary or wages to any County officer or employee performing services hereunder for City, or for the direct payment of compensation or indemnity to any County officer or employee for any injury to or illness of such officer or employee arising out of his or her employment by County.

6. County, its officers and employees, by this
Agreement do not assume any liability for the negligent or wrongful acts or omissions of City, or of any officer or employee thereof, and City shall hold County, its officers and employees, harmless from and indemnify and defend County, its officers and employees against, any and all costs,
expenses, claims, suits and liability for bodily or personal injury to or death of any person and for any injury to or loss of any property resulting from or arising out of or in any way connected with any negligent or wrongful acts or omissions of City, its officers and employees, performing or authorizing the performance of or failing to perform or authorize a performance of any work, services or functions to be performed under this Agreement.
2 437
438
439

Administrative Report
TO: Honorable City Council
FROM: Ben Harvey, City Manager
Leah Palmer, Acting Finance Director
MEETING DATE: September 22, 2026
SUBJECT: Amendment No. 3 to Professional Services Agreement with Eide Bailly LLP (Operational Need)

RECOMMENDATION
Approve and authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with Eide Bailly LLP to increase the not-to-exceed amount from $167,000 to $290,000.

DISCUSSION
The City entered into a Professional Services Agreement with Eide Bailly LLP with a term beginning July 1, 2025 and ending June 30, 2027, for professional services needed to support the City’s accounting and financial management activities, for an amount not-toexceed $75,000.00.

On January 13, 2026, City Council approved the first amendment to Professional Services Agreement with Eide Bailly LLP, increasing the not-to-exceed amount to $167,000, but limiting the scope of services to year-end close efforts for fiscal year 2024/25 and assistance with the implementation of the City’s accounts payable module. On March 24, 2026, City Council approved Amendment No. 2 to expand the scope of services to include year-end close efforts for fiscal year 2025/26.

The City’s Finance Department has experienced staffing vacancies and workload constraints over the past year. This contract amendment supports year-end close efforts for fiscal year 2025/26. Eide Bailly has knowledge of the City's financial systems, personnel, and workflows due to their ongoing engagement with the City. Their existing familiarity enables them to provide timely and efficient services without the need for additional onboarding, thereby avoiding service disruption and saving both time and public funds. If approved, the additional contract funds would remain limited to those purposes described in Amendments No. 1 and 2.

If the City were to embark upon a request for proposal (RFP) effort for continued professional assistance with year-end close efforts, the timeline for posting the RFP, allowing appropriate response time, recommending to the City Council and receiving City Council approval of a firm to do the work, and then deploying the professional assistance within the finance department would fall after anticipated fieldwork of the fiscal year 440

2025/26 audit. This would not assist the City in its ongoing efforts to get completely caught up.

Increasing the not-to-exceed amount of the professional services agreement with Eide Bailly will address the immediate need for accounting services support, as they have been heavily involved in the year-end close process for the prior fiscal years.

The Finance Department’s goal is to have low reliance on consultants by fiscal year 2027/28 and to be fully staffed and trained. An increase to Eide Bailly’s not-to-exceed amount will support this long-term goal and reduce further timing delays. Further, the Finance Department has committed to being current for outstanding year-end close and audit efforts by the end of this fiscal year (fiscal year 2026/27). Providing additional Eide Bailly resources through funding available within the adopted fiscal year 2026/27 budget will greatly support this commitment.

CITY COUNCIL GOALS ALIGNMENT
Goal No. 8 - Financial Stability

OPTIONS

1. Take no action;

2. Provide alternative direction to staff.

FISCAL IMPACT
The proposed contract amendment is an increase of $123,000 for a not to exceed amount of $290,000. The FY 2026/27 Finance Department Budget includes $175,000 in accounting services. As a result, no additional appropriation is required for the contract amendment.

Prepared by: Leah Palmer, Acting Finance Director

ATTACHMENT(S)
A. PSA - Amendment No. 3
B. PSA – Original Agreement
C. PSA – Amendment No. 1
D. PSA – Amendment No. 2
441
Professional Services Agreement
City of Ojai / Eide Bailly LLP
Attachment A

AMENDMENT No. 3 TO PROFESSIONAL SERVICES AGREEMENT
(City of Ojai and Eide Bailly LLP)
This Amendment No.3 (“Amendment”) to Professional Services Agreement (“Agreement”) is made on this 22
nd day of September 2026 at Ojai, California, by and
between the City of Ojai, a California municipal corporation (“City”) and Eide Bailly LLP., a Limited Liability Partnership (“Consultant”).

This Amendment modifies the original Agreement between the City and the Consultant dated July 1, 2025, in the following fashion:

A. City and Consultant agree to amend the Agreement by modifying section 3.4 – Expiration Date of the “Agreement” to read as follows:

3.4 Expiration Date: __________________________.

B. City and Consultant agree to amend the Agreement by modifying the total compensation and costs payable to Consultant under this Agreement to a not-toexceed sum of $290,000. The additional funds provided under this Agreement shall only be used to fund the following services: (1) services related to the City Finance Department’s trial balance and year-end efforts; (2) implementation of the City’s accounts payable module as part of the City’s electronic accounting system; and (3) accounting and year-end support for Fiscal Year 2025-26.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “City”
City of Ojai
By: ______________________________
Ben Harvey, City Manager
Date: _______________
Attest:

By: ______________________________
Weston Montgomery, Deputy City Clerk
Date: _______________
Approved as to form:

By: ______________________________
Bethany A. Burgess, City Attorney
Date: _______________
“Consultant”
Eide Bailly LLP
By:

Bradford Rockabrand, Partner
Date: __________________
go
442
Professional Services Agreement
City of Ojai / Eide Bailly LLP
Attachment A

443
444
445
446
447
448
449
450
451
452
453
454
455
456
457
458
459
460
461
Professional Services Agreement
City of Ojai / Eide Bailly LLP
AMENDMENT No. 1 TO PROFESSIONAL SERVICES AGREEMENT
City of Ojai and Eide Bailly LLP)
This Amendment No. 1 ("Amendment") to Professional Services Agreement Agreement") is made on this 13th day of January 2026 at Ojai, California, by and between the City of Ojai, a California municipal corporation (" City") and Eide Bailly LLP., a Limited Liability Partnership (" Consultant").

This Amendment modifies the original Agreement between the City and the Consultant dated July 1, 2025, in the following fashion:

A. City and Consultant desire to amend the Agreement by modifying section 3. 4 — Expiration Date of the " Agreement" to read as follows:

3. 4 Expiration Date:

B. City and Consultant desire to amend the Agreement by modifying the total compensation and costs payable to Consultant under this Agreement to a not -to - exceed sum of $167, 000. The additional funds provided under this Amendment shall only be used to fund the following services: ( 1) services related to the City Finance Department' strial balance and year- end efforts; and ( 2) implementation of the City' s accounts payable module as part of the City' s electronic accounting system.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

City"
City of ()j
By:

Ben Harvey, City Manag
Date:

By:

BrkI , Sara, Acting Deputy City Clerk
Date:

Appr
By:

Bethany A.

Date
01436,001 2 , 00368 I
Consultant"
Eide Bally LLP
By: _
Bradford Roc - abfand. Partner
Date:

Attachment A

462
Professional Services Agreement
City of Ojai / Eide Bailly LLP
AMENDMENT No. 2 TO PROFESSIONAL SERVICES AGREEMENT
City of Ojai and Eide Bailly LLP)
This Amendment No. 2 ("Amendment") to Professional Services Agreement Agreement") is made on this 24111 day of March 2026 at Ojai, California, by and between the City of Ojai, a California municipal corporation (" City") and Eide Bailly LLP., a Limited Liability Partnership ('` Consultant").

This Amendment modifies the original Agreement between the City and the Consultant dated July 1, 2025, in the following fashion:

A. City and Consultant agree to amend the Agreement by modifying section 3. 4 — Expiration Date of the " Agreement" to read as follows:

3. 4 Expiration Date:

B. City and Consultant agree to amend the Agreement to expand the scope of work that may be funded by the increase in the not -to -exceed sum approved as part of Amendment No. 1 to the Agreement to include accounting and year- end support for Fiscal Year 2025-6.

TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below.

City"
City of Ojai
By:

Ben Harvey, City Mana
Consultant"
Eide Bailly LLP
By: .. `
Bradford Roc brand, Partner
Date: Date:
go
Attest
By:

Brid;"' tMara, Acting Deputy City Clerk
Date: 11/51
Appro _ d a o form:

By:

Bethany A. gess, City Cpl _ tarney
Date:

Attachment A

463
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 oicials and sta 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.

TO: Honorable City Council
FROM: Weston Montgomery, Chief Deputy City Clerk
MEETING DATE: September 22, 2026
SUBJECT: Written Public Comments
The attached public comments were submitted to the City Clerk prior to 3:00 p.m. the date before the meeting (referenced above) and are being posted to the City’s website for public access.

Posted: September 21, 2026

PUBLIC COMMENT FOR CITY COUNCIL MEETINGS
Written/emailed public comments must be submitted no later than 3:00 p.m. on the day before the meeting.

The City encourages public participation. Members of the public who wish to make public comments may do so in person at the meeting, comment live via telewebinar software, or submit written public comments in advance of the meeting. Written public comment emails should be sent to [email protected].

Communications to the City Council are public records and will become part of the City’s electronic records, which are accessible through the City’s website. Please note: e-mail addresses, names, addresses, and other contact information are not required, but if included in any communication to the City Council, will become part of the public record. If you do not want your e-mail address or any other contact information to be made public, you may deliver communications to the City Clerk’s Office at 401 S Ventura St, Ojai Ca, 93023, or you may email the comment as an attached PDF to the email and request in the email to only include the attachment. If you do not want your contact information included in the public record, please do not include that information in your communication.
464
1 Weston Montgomery
From: Clay Creasey <[email protected]>
Sent: Saturday, September 19, 2026 12:28 AM
To: City Clerk
Cc: Andy Gilman; Kim Mang; Andrew Whitman; Leslie Rule; Rachel Lang Subject: September 22 Regular Agenda Item #16 - Eide Bailly Contract Extension City Council MembersFirst, I wish to note a positive thing: The City Manager is actually requesting a contract extension with an increase in the "not-toexceed" amount before the prior "not-to-exceed" amount has been exceeded. This is a welcome improvement versus prior practices.

Unfortunately, this proposed contract extension is still asking you to purchase regular accounting services at ultra-high consultant prices. Per the Eide Bailly price list, their cheapest associate will get billed out at $170 per hour, plus whatever inflation factor has been added in the past year. This is roughly triple the hourly rate (including benefits) for the highest paid internal accountant position in our current scale. In other words, we could get three times the accounting help if we hired them ourselves, versus what the Eide Bailly deal will give us.

Of course, you are being told that the current manpower shortage situation in finance is forcing your hand. But this is the same old story we have been hearing for the past two plus years, and at some point it has to end.

A much better solution would be to require the City Manager to add two senior accountant positions to the authorized staffing in the Finance Department. It will clearly take a few months to get these people on board, during which time you can still use Eide Bailly as 465
2 necessary. But, hopefully within six months they would be on board and up to speed, at which time we could finally bid adieu to Eide Bailly. Then, the institutional knowledge regarding year-end processes would be retained in-house, versus purchased anew each year at premium prices. This would also help address the troublesome issue that the Eide Bailly contract has never been competitively bid.

As you heard last week, the Kroll remediations are nearly done. You City Manager affirmed his intent to diligently bring the City's financial reporting processes back into compliance with our policy and the State's legal requirements. Now is the time for us to get the Finance Department sufficiently staffed so that they can do their basic jobs. If not now, when?
Respectfully,
Clay Creasey
466
1 Weston Montgomery
From: Clay Creasey <[email protected]>
Sent: Sunday, September 20, 2026 11:19 AM
To: City Clerk; Andy Gilman; Kim Mang; Andrew Whitman; Leslie Rule; Rachel Lang Cc: Bethany Burgess
Subject: September 22 Agenda Item #14 - Willdan Contracts Renewals City Council MembersThe Administrative Report regarding the Willdan contract extensions presents three potential alternatives:

1. Renew the two Willdan contracts at “not-to-exceed” annual costs of $575,500 in total, or

2. Staff an internal department of six FTE’s at a total estimated cost for salaries and benefits of $1,245,206, or

3. A hybrid of the above two strategies.

There is no doubt that the consultant model for building services is easier to execute. But it is also clear that the per-unit costs of consultant-provided services are higher than internally sourced services. So, the decision ultimately comes down to a judgment regarding the trade-off between economics and management ability / bandwidth.

On its surface, this analysis puts forth a compelling economic case for renewing the contracts with Willdan. However, alternative number 2 is not a good-faith estimate of the comparative aspects of an inhouse solution for the following two reasons:

1. The estimated salary and benefits costs are significantly inflated versus actual market conditions, as shown below in a comparison of these jobs versus the City of Ventura:

OJAI Staff Report VENTURA MAX - Bens at 35% OJAI H / (L) vs TITLE SAL+BENS TITLE MAX SAL+BENS VENTURA
Certified Building Official $ 228,579 Chief Building Official $ 250,387 $ (21,808) -9.5% Building Inspector $ 175,116 Building Inspector $ 122,839 $ 52,277 29.9% Plan Checker - Engineer $ 180,375 Senior Plans Examiner $ 159,767 $ 20,608 11.4% City Engineer $ 333,464 Civil Engineer $ 194,661 $ 138,803 41.6% Code Compliance Officer $ 173,184 Code Enforcement Inspector $ 122,839 $ 50,345 29.1% Planning Technician $ 154,488 Planning Technician $ 115,701 $ 38,787 25.1% TOTAL $ 1,245,206 TOTAL $ 966,194 $ 279,012 22.4%

2. The in-house alternative case presented by the Administrative Report presumes that the required staffing will be six FTE’s. However, the maximum manpower available with the Willdan relationship, assuming the contract cost at its maximum and the labor rates at their averages, will only be roughly half that number.

It therefore appears that there could be significant long-term benefits (both economic and service-related) if we pursued a hybrid model.
467
2 For this reason, I recommend that the City Council agree to extend the Willdan contracts as proposed, but also instruct the City Manager to propose a realistic staffing model for a department that would use consultants on a flex basis as needed during times of peak demand, rather than as a total solution.

Separately, I would also point out that the City of Ventura pays their City Council members $600 per month (the mayor gets $700). Because these amounts are well below what is paid by Ojai, this is an additional savings opportunity.

Respectfully,
Clay Creasey
468
1 Weston Montgomery
From: Ruth Cooper <[email protected]>
Sent: Sunday, September 20, 2026 8:38 PM
To: City Council
Subject: Drone show vs fireworks
Dear Mayor and City Council Members,
I am glad to hear that the council will be having a discussion this Tuesday about how we celebrate Independence Day in Ojai, and the city's role in that. I am in favor of the city obtaining preliminary proposals and cost estimates for a drone light show, and evaluating the City's future role in funding and coordinating the celebration.

I am in favor of getting rid of fireworks completely. They are so disturbing to so many people and animals, are a huge fire risk, and terrible for air quality. Drone shows offer a wonderful alternative! I saw a drone light show at a concert in SF and it was wonderful, beautiful and memorable. Very festive and exciting.

A switch to a drone light show would also be in keeping with the city's goals of increasing sustainability, and reducing fire risk.

Thank you,
Ruth Cooper
Sunset Place, Ojai
469
1 Weston Montgomery
From: Leah Hecker <[email protected]>
Sent: Monday, September 21, 2026 7:31 AM
To: City Council
Subject: City Council meeting Tuesday, September 22, Item 12, Fourth of July Concept Review Dear City Council,
I'm one of the people who started the petition to replace Ojai's Fourth of July fireworks with a drone show, and I was really glad to see this on Tuesday's agenda. I'm hoping you'll direct staff to look into the alternatives in the staff report: get some proposals and cost estimates for a drone show, and figure out what role the City could play in running and paying for the celebration.

You may already have seen this, but the Ventura County Grand Jury put out a report this year called ‘Countywide Response to Public Complaints About Fireworks’. Here's the full report if you want it:
https://vcportal.venturacounty.gov/GDJ/docs/reports/2025-26/FWKS/GDJ-FY2526-Report_FWKS.pdf Two passages stuck with me:
"Law enforcement agencies throughout Ventura County report similar impacts on their communities from the discharge of fireworks, such as trauma to pets, negative effects on individuals suffering from PTSD, fire danger, and noise disturbance to citizens, even during late-night and early-morning hours. Ventura County's law enforcement agencies and fire departments, animal services, and veterans service agencies all report, to varying degrees, financial or emotional impacts and acknowledge there is a significant emotional and mental health fallout from fireworks.” (Emphasis mine)
All over Ventura County people are in distress over fireworks on July 4th as the report shows. On a day that should be only joyous and celebratory. Is sticking with toxic and unsafe fireworks really worth all that distress considering there is an alternative?
Our petition ‘Spark joy, not fire’ is up to 280 signatures now, and a lot of people left comments. Here are a few:
"Thank you for getting this petition started. It's about time we stopped petrifying our animals and wildlife and scaring people with PTSD."
"My dog has bitten himself bloody because he is so terrified of the fireworks, despite medication. Please, please, please make this happen."
"We have (6) horses residing in Ojai and our clients we serve are veterans & active-duty combat military.

Fireworks are always a big concern for not only our client's mental health but also for our horse's safety and the risk of fires of which we've already experienced a fire evacuation." "Last 4th of July the black lab runs way scare and hurt his legs really badly." 470
2 "Too old to participate much but was a horseman in my younger days and I am strongly sympathetic to the belief that fireworks are straight up inappropriate around here." "Fireworks are terrifying for animals, both domestic and wild. I would be happy to have drone shows instead."
"Seattle has replaced fireworks at the Space Needle with a drone show which is spectacular " "Please start the drone show this year. No more fireworks! Every living person & animal deserves their peace and quiet."
"I WISH THIS WOULD COME UP IN EVERY COMMUNITY. FIREWORKS ARE HARMFUL FOR VETERANS, ANIMALS AND ANYONE WITH PTSD."
And these are only the humans who can voice their distress. Think about what the animals and our environment would say if they could? If I go by my dog, who (despite medication) was shaking at night for three weeks after somebody shot a rocket at Nordhoff, it would be a very clear plea for help. I spend the 4th of July away from Ojai with other animal lovers in Carmel now - Carmel has banned fireworks.

As I understand it, Tuesday doesn't commit the City to anything. It's just asking staff to find out what an alternative would actually take. That seems like a pretty easy yes to me, and I hope you agree. I'd be happy to help however I can.

Thank you for taking this up.

Leah Hecker
202 Del Norte Rd
Ojai
471
1 Weston Montgomery
From: Dennis Wood <[email protected]>
Sent: Monday, September 21, 2026 10:00 AM
To: City Council
Subject: Fireworks
Hello Council Members,
I believe it’s me to Stop the Old Tradional Fireworks Show. I’m sure you will get emails for both for connuing the old fireworks show and for changing to the drone exhibit, and you have heard all the reasons for it and against it. My suggeson would be do next year’s show with drones and evaluate the responses. It’s me for change.

Dennis Wood
Sent from my iPad
472
1 Weston Montgomery
From: Allison Stillman <[email protected]>
Sent: Monday, September 21, 2026 12:00 PM
To: City Council
Subject: Fireworks in Ojai
Hello City Council,
It is my understanding you are speaking tomorrow in regards to banning fireworks in Ojai, and replacing with possible drone display.

It's about time we came into the modern era in Ojai!
I have come to hate the 4th of July because of the fireworks.

My animals are terrified, I'm terrified with the noise, and the fireworks in the neighborhoods continue all hours of the night.

With Ojai being in extreme fire territory, we need to do better to protect us all.

It's time to create a safe celebration for us all.

Allison Stillman
The Destiny Architect
Be the change you wish to see in the world, just BE love! 473
1 Weston Montgomery
From: Chelsea Sutula <[email protected]>
Sent: Monday, September 21, 2026 12:35 PM
To: City Council
Subject: Agenda item 12 - 4th of July concept review
Greetings City Council,
I write to strongly encourage your support of directing staff to explore different options for Ojai's 4th of July celebration.

There is a compiled (not exhaustive) list of articles at https://www.usofthevalley.com/sources which highlight some of the biggest concerns about continuing the fireworks tradition.

On behalf of the wildlife and domesticated creatures that call this valley home, please allow staff to research alternatives to fireworks. The current volunteer committee will never consider changing their traditions, so it's up to the city to take a leadership position if we hope to evolve our thinking on how we can celebrate as a nation without causing undue harm.

Thank you for your consideration!
Chelsea Sutula
Owner/CEO
(she/her)
sespe.org
408 Bryant Circle, Unit C
Ojai CA, 93023
C10-0000028-LIC
Our Grass is Greener
474
1 Weston Montgomery
From: Betty Molner <[email protected]>
Sent: Monday, September 21, 2026 1:03 PM
To: City Council
Subject: 4th of July Celebration
Importance: High
I heard that it is finally on your council meeting agenda that you will discuss the possibility of replacing fireworks with drones this next Fourth of July. As a lifetime resident of the Ojai Valley, I feel this is a great idea. Due to climate change, we are experiencing dry, drought-like conditions and it's getting worse every year. As a result, it would take but just an ember to light up a tree and burn down the entire town. As an Oak View resident, I can stand outside in my yard and see oak trees everywhere around us. I had a sister and a niece who lost everything in the Camp Fire up in Paradise. I know how devastating a fire can become in such a short time.

People continue to light up fireworks, some illegal as much as a week before and after the holiday. As a dog owner, this is very frustrating. It bothers him so much, he has to be medicated. This is just not right. Every year, I'm so afraid one of these fireworks will land on our roof, or our yard and start a fire.

Times are changing. Due to climate change, some of the things we once enjoyed are no longer safe - fireworks is one of them.

Therefore, I ask that you really consider having a drone show this next 4th of July.

Sincerely,
Betty Molner
475
1 Weston Montgomery
From: Margaret Vigil-Wood <[email protected]>
Sent: Monday, September 21, 2026 2:11 PM
To: City Council
Subject: Fireworks display in Ojai
City council members,
Please consider changing our live fireworks display to a drone display. The fireworks are toxic to our environment, disrupve to many residents, and cause our wildlife and domesc animals to be very fearful and upset.

I am in favor of disconnuing the live display and switching to drones.

Respecully,
Peggy Vigil-Wood
Oak View
Sent from my iPad
476
1 Weston Montgomery
From: Chris L Marmes <[email protected]>
Sent: Monday, September 21, 2026 6:06 PM
To: City Council
Subject: fireworks concept review
Dear City Council,
We have come to dread the 4th of July fireworks in Ojai. It is difficult to watch the extreme trauma our dog experiences every year. We have tried everything (drugs, thunder coats, driving to the East End and upper Ojai) and nothing seems to help so we sit with her when she goes in the shower and hold her while she shakes. It gives me lots of time to wonder about how the fireworks impact the wildlife that is in the preserve area that borders Nordhoff high school field where the fireworks are launched. It seems there must be a better way to celebrate our independence.

Please direct staff to obtain preliminary proposals and cost estimates for a drone light show, and to evaluate the City's future role in funding and coordinating the celebration. thank you
Chris Marmes
477