Agendas are available on the City Website
https://www.ridgecrest-ca.gov/council-agendas
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
AGENDA
October 5, 2022
Closed Session 5:30 p.m.
Regular Session 6:00 p.m.
City Hall, Council Chambers
100 100 West California Avenue
Ridgecrest CA 93555
Ricca Charlon, City Clerk
(760) 499-5002
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in the meeting, please contact Ricca Charlon at (760) 499-5002. Requests must be made as early as possible and at least one full business day before the start of the meeting.
Documents and material relating to open session agenda items that are provided to the full City Council prior to a regular meeting will be available for public inspection and copying at City Hall.
City Council agendas and corresponding writings of open session items are available for public inspection at the following locations:
1. City of Ridgecrest City Hall, 100 W. California Ave., Ridgecrest, CA 93555
2. City of Ridgecrest official website at https://ridgecrest-ca.gov/212/City-Council
CITY COUNCIL
Eric A. Bruen, Mayor
L. Scott Hayman, Mayor Pro Tem
Solomon P. Rajaratnam, Vice Mayor
Kyle Blades, Council Member
Peggy Breeden, Council Member
Ron Strand, City Manager
Keith Lemieux, City Attorney
Martin Koczanowicz, City Attorney
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100 W. CALIFORNIA AVE. | RIDGECREST, CA 93555
Phone 760.499.5000 | Fax 760.499.1520
www.ridgecrest-ca.gov
NOTICE AND CALL OF A SPECIAL CLOSED SESSION MEETING OF THE
RIDGECREST CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY /
HOUSING AUTHORITY / FINANCING AUTHORITY
TO THE MEMBERS OF THE RIDGECREST CITY COUNCIL / SUCCESSOR
REDEVELOPMENT AGENCY / HOUSING AUTHORITY / FINANCING AUTHORITY, PUBLIC AND CITY CLERK:
PUBLIC NOTICE that a SPECIAL CLOSED SESSION MEETING of the Ridgecrest City Council/Successor Redevelopment Agency/Housing Authority/Financing Authority is hereby called on:
Wednesday, October 5, 2022 @ 5:30 p.m.
City Council Chambers
100 W. California Avenue
Ridgecrest, California
Said SPECIAL CLOSED SESSION MEETING shall be for the purpose of:
Conference with Legal Counsel – Existing Litigation (§ 54956.9) Name of Case: Ryan Giberson v. Pacific Gas and Electric Company, et al.
Kern County Superior Court Case No. BCV-20-101782
Dated: September 29, 2022
Eric A. Bruen, Mayor / Chair
ATTEST:
Ricca Charlon, City Clerk
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RIDGECREST CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY
HOUSING AUTHORITY
AGENDA
Wednesday, October 5, 2022 Closed Session – 5:30 p.m.
Regular Session – 6:00 p.m.
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
PUBLIC COMMENT ON CLOSED SESSION
CLOSED SESSION
Conference with Legal Counsel – Existing Litigation (§ 54956.9) Name of Case: Ryan Giberson v. Pacific Gas and Electric Company, et al.
Kern County Superior Court Case No. BCV-20-101782
REGULAR SESSION
• Pledge Of Allegiance
• Invocation
ATTORNEY REPORT OUT OF CLOSED SESSION
PRESENTATIONS
1. Measure L And Measure V Annual Report COMMITTEE MEMBERS PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA - Persons wishing to address the Council on matters that are within the Council’s jurisdiction and DO NOT ALREADY APPEAR ON THE AGENDA, may do so at this time.
COUNCIL ANNOUNCEMENTS/DIRECTION
CONSENT CALENDAR – All Matters Listed Under The Consent Calendar Are To Be Considered Routine And Enacted By One Motion Unless Pulled By A Council Member Or A Member Of The Public.
2. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated September 21, 2022 CHARLON
DISCUSSION / ACTION ITEMS
3. Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) HAYMAN
AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – October 5, 2022
4. A Resolution To Amend A Professional Services Agreement With Willdan Engineering Inc. In The Amount Of $6,850.00 For The West Ward Phase I Improvement Project To Include Addition Federal Funding Aid And A Phase Line Shift REED
ORDINANCES
5. Second Reading and Adoption, Ordinance 22-05, An Ordinance Of The City Council Of The City Ridgecrest Amending The Ridgecrest Municipal Code As It Relates To Conflicts Of Interest CHARLON
COMMITTEE REPORTS**Committee Meeting dates are subject to change and will be announced on the City website
Infrastructure Committee
Members: Solomon Rajaratnam and Kyle Blades
Meeting: 4th Thursday each month at 5:00 p.m.
Location: City Hall Council Chambers
➢ Report from 11/22/22 - CANCELED
OTHER COMMITTEES, BOARDS, OR COMMISSIONS
CITY MANAGER REPORT
FUTURE AGENDA ITEMS
MAYOR AND COUNCIL COMMENTS
ADJOURNMENT
City of Ridgecrest Public Meeting Protocol
In Response to Coronavirus (COVID-19)
City of Ridgecrest Council meetings are OPEN to public attendance. Although Chambers are OPEN, public participation is still encouraged via live streaming, call-in or via written correspondence.
TO PARTICIPATE please call, email, or send mail to the contact info provided below:
The public may use one of the following alternatives for participating in person:
Watch meetings on-line:
All of our meetings are streamed live at https://ridgecrest-ca.gov/369/Watch or on YouTube at https://www.youtube.com/cityofridgecrest/live and are also available for playback after the meeting.
Call in for public comments:
To participate with verbal comments, please call (760) 499-5010. This phone line will allow only one caller at a time, so if the line is busy, please continue to dial. We will be allowing a 20-30 second delay between callers to give time for media delays and callers to dial in. If you wish to comment on multiple items you will need to call in as each item is presented. Submit written comments:
We encourage submittal of written comments supporting, opposing, or otherwise commenting on an agenda item, for distribution to the City Council prior to the meeting.
Send emails to [email protected]; written correspondence may be sent to Ricca Charlon, City Clerk, 100 W. California Ave., Ridgecrest, CA 93555. Please specify to which agenda item your comment relates. All communication, whether it is a formal letter or an online informal email, is read by the City Council.
Please click on the link below to access the City Council Agenda, Minutes and Video web page. https://ridgecrest-ca.gov/212/City-Council
If you have any questions please contact us.
Ricca Charlon, City Clerk
Phone: (760) 499-5002
*Revised February 24, 2021
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT:
Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated September 21, 2022
PRESENTED BY: Ricca Charlon, City Clerk
SUMMARY:
Draft Minutes of the City Council / Successor Redevelopment Agency / Housing Authority / Financing Authority Regular Meeting Dated September 21, 2022 FISCAL IMPACT: None
ACTION REQUESTED: Approve minutes
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: Oct. 5, 2022
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RIDGECREST CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY
HOUSING AUTHORITY
DRAFT MINUTES
Wednesday, September 21, 2022 Regular Session – 6:00 p.m.
CALL TO ORDER – 6:00 p.m.
ROLL CALL
Council Present: Mayor Eric A. Bruen; Mayor Pro Tem L. Scott Hayman; Vice Mayor Solomon P.
Rajaratnam; Council Member Kyle Blade; Council Member Peggy Breeden
Absent: None
Staff Present: City Attorney Koczanowicz; City Manager Strand; City Clerk Charlon; Finance Director Freese; P& R Director Wegener; PW Director Reed; Chief McLaughlin
APPROVAL OF AGENDA
• Rajaratnam – Breeden 5 Ayes
NOTE: The vote is displayed in bold below each item. For example, Blades-Rajaratnam denotes Council Member Blades made the motion and Vice Mayor Rajaratnam seconded the motion. Ayes, Noes, Absents, Abstentions follow.
REGULAR SESSION
PRESENTATIONS
1. Constitution Week Proclamation COUNCIL
2. Employee Service Award Presentations COUNCIL
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA
Speakers – M. Neel
COUNCIL ANNOUNCEMENTS/DIRECTION
CONSENT CALENDAR
3. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated September 7, 2022 CHARLON
Approval of Consent Calendar: Breeden – Blades 5 Ayes
DISCUSSION / ACTION ITEMS
4. Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) HAYMAN
DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – September 21, 2022
ORDINANCES
5. Introduction And First Reading Of An Ordinance Of The City Council Of The City Ridgecrest Amending The Ridgecrest Municipal Code As It Relates To Conflicts Of Interest CHARLON • Motion To Waive Reading In Full Of An Ordinance Of The City Council Of The City Ridgecrest Amending The Ridgecrest Municipal Code As It Relates To Conflicts Of Interest o Hayman - Rajaratnam 5 Ayes
• Motion To Introduce, By Title Only, Of An Ordinance Of The City Council Of The City Ridgecrest Amending The Ridgecrest Municipal Code As It Relates To Conflicts Of Interest o Breeden - Rajaratnam 5 Ayes
COMMITTEE REPORTS**Committee Meeting dates are subject to change and will be announced on the City website
Economic Development Committee
Members: Kyle Blades and Solomon Rajaratnam
Meeting: 2nd Wednesday of the Month @ 5:00 p.m.
Location: City Hall Council Chambers
➢ Report from 9/14/22
Finance Committee
Members: Mayor Eric A. Bruen and Scott Hayman
Meeting: 2nd Tuesday each month at 5:30 p.m.
Location: City Hall Council Chambers
➢ Report from 9/13/22
Ridgecrest Area Convention and Visitors Bureau (RACVB)
Members: Solomon Rajaratnam and Megan McKenzie (staff)
Meeting: 3rd Wednesday of the Month, 9:00 a.m.
Location: Kerr McGee Center Meeting Rooms
➢ Report from 9/21/22
OTHER COMMITTEES, BOARDS, OR COMMISSIONS
CITY MANAGER REPORT
FUTURE AGENDA ITEMS
MAYOR AND COUNCIL COMMENTS
ADJOURNMENT – 7:10 p.m.
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT:
Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) PRESENTED BY:
L. Scott Hayman, City Council / IWVGA Representative
SUMMARY:
Report and discussion regarding Board meetings of the IWVGA. Including, Board discussion and consideration of issues of importance requiring action by the IWVGA.
FISCAL IMPACT: None
ACTION REQUESTED: Discuss
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: Oct 5, 2022
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution To Amend A Professional Services Agreement With Willdan Engineering Inc. In The Amount Of $6,850.00 For The West Ward Phase I Improvement Project To Include Addition Federal Funding Aid And A Phase Line Shift PRESENTED BY: Travis Reed, Public Works Director
SUMMARY:
The City of Ridgecrest previously entered into an agreement with Willdan Engineering Inc. to provide Professional Services for the Phase I West Ward Ave. Improvement Project.
Said project is a federally funded Regional Surface Transportation Project (RSTP). The previous scope of work included all the typical Items in a PS&E package including Bidding assistance.
With the acceptance of this Amendment the City will be effectively utilizing all the available funds that were allocated for our PS&E phase of the project. As the project progressed and the scope was amended, staff found it necessary to alter the phase line of the project and allow all of the intersection of Norma St. be included in phase II, but then reversed course and decided to improve the curb returns under this project. By doing this we shifted some of the work from Phase II to Phase I allowing us to utilize all our funding that was programmed for Phase I of the Ward Ave. project rather than the City Funded PS&E portion of West Ward Phase II. Additionally, previously to 2021, we had some extended staff absences and Willdan was requested to fulfill work which typically is handled by City Staff.
Said work equated to roughly 60 hours of additional Willdan Staff time.
The fee for the project amendment is $6,850.00. City Council previously authorized a Professional Services agreement in the amount of $51,918.16 via. Resolution 2020-11. The new amended total, if approved shall be $58,768.16. The fee will be funded with Measure V funds, and staff feels it is a very fair price for the work which is necessary.
Staff recommends that the City Council approves the amended agreement and authorizes the City Manager, Ron Strand, to execute the amended agreement with Willdan Engineering Inc. Which will bring the total portion of Work Funded by Measure V to $12,424.16, being our local match portion in the original agreement plus the cost of this amendment.
FISCAL IMPACT: Previous - $51,918.16
Amendment 1 - $ 6,850.00
Revised Total - $58,768.16
ACTION REQUESTED:
1. Amend a Professional Services Agreement with Willdan Engineering for Professional Services for the Phase I West Ward Ave Improvement Project.
2. Allocate an additional $6,850.00 from Measure V Funds to the previously authorized $6,005.00 local match by Resolution 20-11 as the source of City funding.
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
3. Authorize the Finance Director to amend the budget to reflect all appropriate capital, revenue and transfer account and amend a purchase order in the amount of $6,850.00, for a total of $58,768.16.
4. Authorize the City Manager, Ronald Strand, to execute the Amendment.
CITY MANAGER / EXECUTIVE DIRECTOR RECOMMENDATION:
Submitted by: Travis Reed Action Date: October 5, 2022
RESOLUTION NO. 22-xx
A RESOLUTION TO AMEND A PROFESSIONAL SERVICES AGREEMENT WITH WILLDAN ENGINEERING INC. IN THE AMOUNT OF $6,850.00 FOR
THE WEST WARD PHASE I IMPROVEMENT PROJECT TO INCLUDE
ADDITION FEDERAL FUNDING AID AND A PHASE LINE SHIFT
WHEREAS, The City of Ridgecrest requires amended professional design, engineering services from Willdan Engineering for the Phase I West Ward Ave. Improvement project; and, WHEREAS, the proposed services are based on time and materials for a not to exceed fee estimate with written authorization; and,
WHEREAS, the services are for design and engineering services such as, federal aid compliance and relocation of the phase line of the project; and, WHEREAS, the original time and materials not to exceed fee for the Design and Engineering Services is for a total of $51,918.16; and, WHEREAS, the proposed amended time and materials not to exceed fee estimate for the additional Design Engineering Services is for $6,850.00. The revised total for a shovel project shall be $58,768.16; and,
WHEREAS, the funds will be allocated from Measure V; and, WHEREAS, the phase boundary shift allows the city to utilize all the grant funding for this RSTP project, being $52,349.00; and,
WHEREAS, the new local match shall be $12,424.16.
NOW, THEREFORE, BE IT RESOLVED THAT:
1. Amend a Professional Services Agreement with Willdan Engineering for Professional Services for the Phase I West Ward Ave Improvement Project.
2. Allocate an additional $6,850.00 from Measure V Funds to the previously authorized $6,005.00 local match by Resolution 20-11 as the source of City funding.
3. Authorize the Finance Director to amend the budget to reflect all appropriate capital, revenue and transfer account and amend a purchase order in the amount of $6,850.00, for a total of $58,768.16.
4. Authorize the City Manager, Ronald Strand, to execute the Amendment.
APPROVED AND ADOPTED this 5th day of October 2022 by the following vote.
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Eric A. Bruen, Mayor
ATTEST:
__________________________________
Ricca Charlon, City Clerk
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AMENDMENT NO. 1 TO CONSULTANT AGREEMENT
WILLDAN – WEST WARD AVE. PHASE I
This Amendment No. 1 to the Consultant Agreement ("Amendment No. 1") is entered into as of October 5, 2022 ("Effective Date"), by and between the City of Ridgecrest, a municipal corporation ("City"), and Willdan Engineering, a California corporation (“Willdan”). City and Willdan are sometimes hereinafter referred to individually as a "Party" and collectively as the "Parties."
RECITALS
A. Pursuant to Resolution 20-11, on February 19, 2020, and PO 20-317, City and Willdan entered into a Consultant Agreement for Professional and Engineering Services to provide environmental, plans, specifications and bidding assistance for the RSTP funded Ward Ave. Phase I improvement project. (“Master Agreement”). The Master Agreement” which is attached hereto as Attachment “B”. Phase I of West Ward Ave Improvements encompasses West Ward Ave. from China Lake Boulevard to Norma St. in the City of Ridgecrest. After the first draft of plans were submitted, the City found it necessary to alter the limit points of the project and requested further assistance as it related to federal compliance due to unanticipated staff absence. The additional effort resulted in +/- 60 hours of additional Willdan Staff time that was necessary to complete the City’s portion of federal funding compliance work. For this additional work, Willdan has prepared a cost differential as apparent in Attachment “A” B. Section 20 (Integration) of the Master Agreement, states that the agreement “may not be modified or altered except in writing, signed by both parties”.
C. As commenced, the City has requested Willdan to submit a Change Order proposal to detail the additional requested work. The Change Order is attached hereto as Attachment “A”.
D. The Parties now desire to amend the Master Agreement to provide for certain professional and engineering consulting services related to and already completed items necessary to keep the West Ward Ave. Improvement Project progressing.
Capitalized terms not otherwise defined herein shall have the meanings assigned to them in the Master Agreement.
A G R E E M E N T
NOW, THEREFORE, in consideration of the foregoing Recitals and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, City and Willdan hereby agree to amend the Master Agreement by this Amendment No. 1 as follows:
1. Additional Design Services. Subject to the terms and conditions of this Amendment No. 1, Willdan will provide, or has provided, through its professionals, the necessary professional and engineering services, as indicated by the tasks enumerated in Attachment “A” to this Amendment No. 1 consistent with applicable laws and good industry practices. For purposes of this Amendment No. 1, the aforementioned scope of additional services and tasks for design services as indicated in Attachment A shall hereinafter be referred to generally by the capitalized term “Work”. Work shall only be authorized and commenced for specific tasks and projects as provided for in Section 2(c) of the Master Agreement.
2. Consideration for Additional Services. The Section 3 of the Master Agreement shall be amended to increase the original not to exceed sum of $51,918.16 by $6,850.00 for a new total not to exceed sum, unless future written authorization is given of $58,768.16. The Scope of Services, additional tasks, and their respective funding allocations shall be amended as indicated in Attachment A.
3. Miscellaneous.
(a) Effect of Amendment. The term "Agreement" when used in this Amendment No. 1 or the Master Agreement shall mean the Master Agreement as amended, modified, and supplemented by this Amendment No. 1 unless the context would require otherwise. Except to the extent the Master Agreement is modified by this Amendment No. 1, the remaining terms and conditions of the Master Agreement shall remain unmodified and in full force and effect. In the event of conflict, between the terms and conditions of the Master Agreement and the terms and conditions of this Amendment No. 1, the terms and conditions of this Amendment No. 1 shall prevail and control. (b) Entire Agreement. The Master Agreement, together with this Amendment No.1, embodies the entire understanding between City and Willdan with respect to its subject matter and can be changed only by an instrument in writing signed by City and Willdan.
(c) Headings. Headings in this Amendment No. 1 are for convenience of reference only.
(d) Counterparts. This Amendment No. 1 may be executed in one or more counterparts, including facsimile counterparts or electronic-mail counterparts, each of which shall be deemed an original but all of which, taken together, shall constitute one in the same Amendment No. 1.
IN WITNESS WHEREOF, this Amendment No. 1 has been executed as of the day and year first set forth above.
CITY OF RIDGECREST, WILLDAN ENGINEERING,
a municipal corporation a California corporation
By: By:
Name: Ron Strand Name:
Title: City Manager Title:
Date: __________________ Date:
ATTACHMENT “A”
(Change Order - Additional Scope of Work)
Willdan Proposal dated August 4, 2022
ATTACHMENT “B”
(Master Agreement)
Consultant Agreement
Willdan Engineering
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
01351.0085/818660.1
SUBJECT: Second Reading And Adoption, Ordinance 22-05, An Ordinance Of The City Council Of The City Ridgecrest Amending The Ridgecrest Municipal Code As It Relates To Conflicts Of Interest
PRESENTED BY:
Ricca Charlon, City Clerk
SUMMARY:
Every two years the City reviews its Conflicts of Interest Code to determine if it accurately reflects employees who should be designated to file a Form 700. As a result of changes in personnel organization, the following revisions are proposed to be made to the Code this year:
Job titles added: Administrative Analyst II, City Planner, Economic and Community Development Manager, Deputy City Manager, Director of Community Development, Director of Public Works, Senior Engineer
Job titles changed: “Animal Shelter Supervisor” to “Animal Control Supervisor”, This item was heard for first reading at the 9/21/22 City Council Regular meeting. One additional change was made from first reading. The Public Works Director title was listed twice. I have removed one of the titles.
Recommended Motions:
Motion To Waive Reading In Full Of Ordinance 22-05, An Ordinance Of The City Council Of The City Ridgecrest Amending The Ridgecrest Municipal Code As It Relates To Conflicts Of Interest
Requires A Second
Motion To Adopt, By Title Only, Ordinance 22-05, An Ordinance Of The City Council Of The City Ridgecrest Amending The Ridgecrest Municipal Code As It Relates To Conflicts Of Interest
Requires A Second
FISCAL IMPACT: None
ACTION REQUESTED: Approve recommended motions.
CITY MANAGER’S RECOMMENDATION:
Submitted by: Ricca Charlon Action Date: Oct. 5, 2022
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ORDINANCE NO. 22 - 05
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY RIDGECREST
AMENDING THE RIDGECREST MUNICIPAL CODE AS IT RELATES TO
CONFLICTS OF INTEREST
WHEREAS, the Political Reform Act of 1974 (the “Act”) requires every local agency to adopt a conflict of interest code applicable to specified public officials and employees or consultants holding designated positions;
WHEREAS, the Act requires local agencies to review their conflict of interest code biennially to ensure it accurately identifies designated employees and disclosure categories; and
WHEREAS, the City has conducted its biennial review and desires to amend Part 1, Chapter 2, Article 1, Section 2.88 of the Ridgecrest Municipal Code to update the designated employees and disclosure categories;
NOW, THEREFORE, THE RIDGECREST CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Amendment
Section 2.88 of the Ridgecrest Municipal code is amended to read as follows (underlining denotes additions; strikethrough denotes deletions):
“Sec. 2-88. - Conflicts of interest.
(a) The Political Reform Act (Government Code § 81000 et seq.) requires state and local government agencies to adopt and promulgate conflict of interest codes. The fair political practices commission (FPPC) has adopted a regulation (2 California Code of Regulations § 18730), which contains the terms of a standard conflict of interest code. After public notice and hearing, it may be amended by the FPPC to conform to amendments in the Political Reform Act. Therefore, the terms of 2 California Code of Regulations § 18730, and any amendments to it duly adopted by the FPPC, are hereby incorporated into the conflict of interest code of the City by reference. This regulation designating officials and employees and establishing economic disclosure categories shall constitute the conflict of interest code of City. (1) All officials and employees required to submit a statement of economic interests shall file their statements with the city clerk, or designee. The city clerk shall make and retain a copy of all statements filed by the city council, planning commissioners, city manager, mayor, director of finance, and city attorney, and forward the originals of such statements to the fair political practices commission.
(2) The City shall retain the originals of statements for all other designated positions named in the City’s conflict of interest code. All retained statements, original or copied, shall be available for public inspection and reproduction (Government Code § 81008).
Ordinance 22-05 Page 2 of 4
(b) The following categories are established for the purpose of conflicts of interest disclosure:
(1) Category 1. Persons in this category shall disclose all investments, business positions and sources of income, including gifts, loans, and travel payments. (2) Category 2. Persons in this category shall disclose all interests in real property within the City's jurisdiction. The definition of the term "interests in real property," as used herein, can be found in the Political Reform Act. (See Government Code § 82033.)
(3) Category 3. Persons in this category shall disclose all income (including gifts, travel payments, and loans) from investments in and business positions with business sources that provide leased facilities, manufacture, provide, or sell services (including consulting and training services) and/or supplies (including goods, equipment, vehicles, or machinery) of a type utilized by the City and associated with the job assignment of designated positions assigned this disclosure category. The definition for the term "income and gift," as used herein, can be found in the Political Reform Act. (See Government Code §§ 82028 and 82034.)
(4) Category 4. Persons in this category shall disclose all investments, business positions, and income, including gifts, loans and travel payments, from sources that are subject to the regulatory, permit, or licensing authority of, or have an application for a license or permit pending before the City and associated with the job assignment of designated positions assigned this disclosure category. (5) Category 5. Individuals who perform under contract the duties of any designated position shall be required to file statements of economic interests disclosing reportable interest in the categories assigned to that designated position. In addition, individuals who, under contract, participate in decisions which affect financial interests by providing information, advice, recommendation, or counsel to the City which could affect financial interest shall be required to file statements of economic interests, unless they fall within the Political Reform Act's exceptions to the definition of the term "consultant." The level of disclosure shall be as determined by the city manager or designee. (c) The following employees, hereinafter "designated employees," shall file disclosure statements for all categories of disclosure:
DESIGNATED POSITIONS DISCLOSURE CATEGORY
Administrative Analyst I – Community Econ. Dev. 1, 3, 4 Administrative Analyst I – Parks & Rec. 1, 3, 4
Administrative Analyst I – Police Dept. 1, 3, 4
Administrative Analyst II – Community Econ. Dev. 1, 3, 4 Administrative Analyst II – Parks & Rec. 1, 3, 4
Administrative Analyst II – Police Dept. 1, 3, 4
Animal ControlShelter Supervisor 1, 3, 4
Assistant Public Works Director 1, 2, 3, 4
Chief Building Official 1, 3, 4
Ordinance 22-05 Page 3 of 4
Chief of Police 1, 3, 4
Chief Plant Operator 1, 3, 4
City Attorney Per Govt Code 87200
City Clerk Per Govt code 87200
City Council Per Govt code 87200
City Engineer 1, 2, 3, 4
City Manager Per Govt Code 87200
City Planner 1, 2, 3, 4
Community and Economic Development Manager Director 1, 2, 3, 4 Deputy City Manager 1, 2, 3, 4
Director of Community Development 1, 2, 3, 4
Director of Finance Per Govt Code 87200
Director of Parks & Recreation 1, 2, 3, 4
Director of Public Works 1, 2, 3, 4
Information Technology Manager 1, 3, 4
Mayor Per Govt Code 87200
Park Maintenance Supervisor 1, 2, 3, 4
Planning Commissioners Per Govt Code 87200
Police Captain 1, 3, 4
Public Works Director 1, 2, 3, 4
Public Works Supervisor 1, 2, 3, 4
Senior Engineer 1, 2, 3, 4
Transit Services Coordinator 1, 3, 4
Consultants/new positions as determined by City Manager Employees appointed on interim or temporary duty for these designated positions.
(d) Consultants/new positions are included in the list of designated positions and shall disclose pursuant to the broadest disclosure category in the code, subject to the following limitations: The city manager or his designee may determine in writing that a particular consultant or new position, although a designated position, is hired to perform a range of duties that is limited in scope and thus is not required to fully comply with disclosure requirements in this section. Such written determination shall include a description of the consultant's or new position's duties and, based upon that description, a statement of the extent of disclosure requirements. The city manager or his designee's determination is a public record and shall be retained for public inspection in the same manner and location as this Conflict of Interest Code. (Government Code § 81008.)”
SECTION 2. Severability. The invalidity of any portion of this ordinance shall not affect the validity of the remaining portions, which shall remain in full force and effect.
Ordinance 22-05 Page 4 of 4
SECTION 3. The City Clerk shall attest to the adoption of this ordinance and shall cause the same to be published in a newspaper of general circulation within 15 days after its passage in accordance with Government Code section 36933. This ordinance shall take effect 30 days after its second reading and adoption pursuant to Government Code section 36937.
PASSED, APPROVED, AND ADOPTED by the Ridgecrest City Council at its regular meeting on this _________ day of _________, 2022.
Ayes:
Noes:
Abstain:
Absent:
______________________________
Eric Bruen, Mayor
ATTEST:
____________________________
Ricca Charlon, City Clerk
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