Ridgecrest City Council
March 15, 2023

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
March 15, 2023
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.

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.

CITY COUNCIL
Eric A. Bruen, Mayor
Solomon P. Rajaratnam, Mayor Pro-Tem
Kyle Blades, Vice Mayor
L. Scott Hayman, Council Member
John ‘Skip’ Gorman, Council Member
Ron Strand, City Manager
Keith Lemieux, City Attorney
Martin Koczanowicz, City Attorney
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RIDGECREST CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY

FINANCING AUTHORITY

HOUSING AUTHORITY

AGENDA
Wednesday, March 15, 2023 Regular Session – 6:00 p.m.

CALL TO ORDER
• Roll call

APPROVAL OF AGENDA

REGULAR SESSION
• Pledge Of Allegiance
• Invocation

PRESENTATION

1. Employee Years of Service

2. Life Saving Award

3. Transit Driver Appreciation

4. Annual Comprehensive Financial Report (ACFR)
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.

5. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated March 1, 2023 Charlon

6. Proclamations for the Month of March ` Charlon

PUBLIC HEARING

7. A Public Hearing And Approval Of A Resolution Of The City Of Ridgecrest City Council To Consider Public Comments And Establish A Finding For Unmet Needs That Are Reasonable To Meet With The Public Transportation System For Fiscal Year 2023-2024 Smith

DISCUSSION / ACTION ITEMS

8. Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) Hayman

AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – March 15, 2023

9. A Resolution To Accept The Base Bid, As Submitted By Elecnor Belco Electric Inc., Utilize The Budgeted Highway Safety Improvement Project (HSIP) Funds Of $819,020.00, Which Will Be State Reimbursed, And Allocate General Fund Reserves Up To $226,246.00 For The Remainder & A 5% Contingency. A Maximum Total Of Up To $1,045,266.00 For The Project; And Award A Construction Contract To Elecnor Belco Electric Inc., To Construct The HSIP Project In The Amount Of Seven Hundred & Eighty-Five Thousand Six Hundred Dollars And No Cents ($785,600.00); And Authorize The City Manager, Ronald Strand, To Execute The Contract Reed

ORDINANCE

10. Introduction And First Reading Of An Ordinance Of The Ridgecrest City Council Amending The Ridgecrest Municipal Code Concerning An Extension Of Tentative Parcel Maps & Tentative Tract Maps Spurlock
COMMITTEE REPORTS - Committee Meeting dates are subject to change and will be announced on the City website
City Organization and Services Committee (‘City Org’)
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1st Thursday each month at 5:30 p.m.

Location: City Hall Council Chambers
➢ Report from 03/02/23 - Canceled
Parks, Recreation, and Quality of Life Committee
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1st Tuesday each month at 5:00 p.m.

Location: Kerr McGee Center Meeting Rooms
➢ Report from 03/07/23
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 03/08/23
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 03/14/23
Ridgecrest Area Convention and Visitor Bureau (RACVB)
Members: Solomon Rajaratnam and Megan McKenzie (staff)
Meeting: 4th Wednesday each month at 9:00 a.m.

Location: California Welcome Center
➢ Next meeting 03/22/23

AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – March 15, 2023

Infrastructure Committee
Members: Solomon Rajaratnam and Kyle Blades
Meeting: 4th Thursday each month at 5:00 p.m.

Location: City Hall Council Chambers
➢ Next meeting 3/23/23

OTHER COMMITTEES, BOARDS, OR COMMISSIONS

CITY MANAGER REPORT

FUTURE AGENDA ITEMS

MAYOR AND COUNCIL COMMENTS

ADJOURNMENT
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: Employee Service Award Presentations
PRESENTED BY: Mayor and City Council
SUMMARY:

Service recognition awards presented by the Ridgecrest City Council to employees who have reached milestones in increments of five (5) or more years of employment with the City of Ridgecrest during the 1
st quarter January – March 2023.
20 Years
Martin Dorrell - Police
Kassie Parsons – Police
FISCAL IMPACT: None
ACTION REQUESTED:

Presentation Of Certificates To Employees By City Council Members CITY MANAGER’S RECOMMENDATION:

Action as requested
Submitted by: Ricca Charlon Action Date: March 15, 2023 This Page Intentionally Left Blank
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A Proclamation of
The City of Ridgecrest, California
Honoring National
Transit Driver Appreciation Day
WHEREAS, Transit Operators manage to keep a schedule, check fares, give directions, announce and remember stops: and,
WHEREAS, they safely maneuver public transit vehicles through unpredictable traffic and adverse weather conditions; and,
WHEREAS, Transit Operators transport people to various places that include work sites, schools, shopping and leisure activities – providing citizens from all walks of life with personal mobility and freedom; and,
WHEREAS, the health, safety and comfort of many people in this community greatly depends on their ability to rely upon the transportation services provided by our Transit Operators; and,
WHEREAS, the efficiency and effectiveness of these qualified and skilled professionals contribute to the quality of life that residents and visitors alike enjoy and rely upon; and, WHEREAS, Transit Operators don’t have an easy job; they just make it look that way.

NOW, THEREFORE, BE IT PROCLAIMED by the Ridgecrest City Council that we recognize and extend appreciation to our dedicated and skilled Transit Operators and hereby proclaim March 18, 2023 as “Transit Driver Appreciation Day."
Proclaimed this 15th Day of March 2023
Eric A. Bruen
Mayor

Kyle Blades
Vice Mayor
Solomon P. Rajaratnam
Mayor Pro Tem
L. Scott Hayman
Council Member
John ‘Skip’ Gorman
Council Member
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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 March 1, 2023
PRESENTED BY: Ricca Charlon, City Clerk
SUMMARY:

Draft Minutes of the City Council / Successor Redevelopment Agency / Housing Authority / Financing Authority Regular Meeting Dated March 1, 2023 FISCAL IMPACT: None
ACTION REQUESTED: Approve minutes
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: March 15, 2023 This Page Intentionally Left Blank

RIDGECREST CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY

FINANCING AUTHORITY

HOUSING AUTHORITY

DRAFT MINUTES
Wednesday, March 1, 2023 Closed Session – 5:30 p.m.

Regular Session – 6:00 p.m.

ROLL CALL – 5:30 p.m.

Council Present: Mayor Pro-Tem Solomon P. Rajaratnam; Vice Mayor Kyle Blades; Council Member Skip Gorman; Council Member L. Scott Hayman

Absent: Mayor Eric A. Bruen
Staff Present: City Attorney M. Koczanowicz (via WebEx); City Clerk Charlon; Chief McLaughlin; PW Director Reed; P & R Director Wegener

APPROVAL OF AGENDA
Motion To Approve Agenda - Blades - Hayman 4 Ayes; 1 Absent NOTE: The vote is displayed in bold below each item. For example, Blades-Rajaratnam denotes Council Member Blades made the motion and Council Member Rajaratnam seconded the motion. Ayes, Noes, Absents, Abstentions follow.

PUBLIC COMMENT ON CLOSED SESSION - None

CLOSED SESSION
Conference with Legal Counsel – Existing Litigation (§ 54956.9) Name of Case: Finley v. City of Ridgecrest et al. - Case No. BCV-22-100048 REGULAR SESSION – 6:00
ATTORNEY REPORT OUT OF CLOSED SESSION – No reportable action

PRESENTATION

1. Reserve Police Officer Rodney Robbs Retirement – 21 years McLaughlin

2. Aviation Ordnance Proclamation Council

PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA
Public Comment Speakers M. Sinnott; M. Neel

COUNCIL ANNOUNCEMENTS/DIRECTION

CONSENT CALENDAR

3. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated February 15, 2023 Charlon
Motion To Approve Consent Calendar - Blades - Hayman 4 Ayes; 1 Absent

DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – March 1, 2023

DISCUSSION / ACTION ITEMS

4. A Resolution Of The Ridgecrest City Council To Appropriate A Portion Of The American Rescue Plan Act Funds To Add Shade Structures Over The Spectator Seating At The Kerr McGee Youth Sports Complex Baseball And Football Field Wegener
Staff report reviewed correction to resolution’s 6th ‘Whereas’ Motion To Approve As Amended - Blades - Hayman 4 Ayes; 1 Absent

5. Proposed Approval Of Additional American Rescue Plan Act Funds For A Construction Contingency Not To Exceed $5,000 For The Replacement Of The Park Roofs Located At The Leroy Jackson Sports Complex And Upjohn Park Wegener
Staff report reviewed
Motion To Approve - Blades - Gorman 4 Ayes; 1 Absent

COMMITTEE REPORTS
Ridgecrest Area Convention and Visitor Bureau (RACVB)
Members: Solomon Rajaratnam and Megan McKenzie (staff)
Meeting: 4th Wednesday each month at 9:00 a.m.

Location: California Welcome Center
➢ Report from 02/22/23
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 2/23/23
City Organization and Services Committee (‘City Org’)
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1
st Thursday each month at 5:30 p.m.

Location: City Hall Council Chambers
➢ Next meeting 03/02/23
Parks, Recreation, and Quality of Life Committee
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1st Tuesday each month at 5:00 p.m.

Location: Kerr McGee Center Meeting Rooms
➢ Next meeting 03/07/23
Economic Development Committee
Members: Kyle Blades and Solomon Rajaratnam
Meeting: 2nd Wednesday of the Month @ 5:00 p.m.

Location: City Hall Council Chambers
➢ Next meeting 03/08/23

DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – March 1, 2023

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
➢ Next meeting 03/14/23

OTHER COMMITTEES, BOARDS, OR COMMISSIONS

CITY MANAGER REPORT

FUTURE AGENDA ITEMS

MAYOR AND COUNCIL COMMENTS
ADJOURNMENT – 6:49 p.m.

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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: Announcing Proclamations Prepared For The Month Of March And Scheduled Date Of Presentations
PRESENTED BY: Ricca Charlon, City Clerk
SUMMARY:

The Ridgecrest City Council receives requests for presentation of ceremonial proclamations for various events and observations. Proclamations below have been prepared and will be presented on the date and time shown.

Respect for Law
Respect for Law Proclamations will be presented at the Awards Dinner on March 25, 2023 at the Kerr McGee Community Center.

FISCAL IMPACT: None
ACTION REQUESTED: Approve and file
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: March 15, 2023 This Page Intentionally Left Blank
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: A Public Hearing And Approval Of A Resolution Of The City Of Ridgecrest City Council To Consider Public Comments And Establish A Finding For Unmet Needs That Are Reasonable To Meet With The Public Transportation System For Fiscal Year 2023-2024 PRESENTED BY: Christopher Smith, Transit Services Coordinator SUMMARY:

The Transportation Development Act of 1971 (TDA), as amended, provides for the disbursement of funds from the Local Transportation Fund for various eligible transportation uses. The funds are distributed by the Kern Council of Governments (Kern COG), in its capacity as the Regional Transportation Planning Agency. An eligible claimant wishing to receive TDA funding through Kern COG must conduct an annual review of the transit needs of the individuals and groups in the community.

Kern COG Resolution 90-04 defines “unmet transit needs” as follows: “An unmet transit need exists if an individual of any age or physical condition is unable to transport himself or herself due to deficiencies in the existing transportation system. Excluded are 1) Those requests for minor operational improvements, and 2) Those improvements funded and scheduled for implementation in the following year. The term “reasonable to meet” is defined: A) Operational Feasibility: The requested improvement must be safe to operate, and there must be adequate roadways for transit vehicles; B) Duplication of Service: The proposed service shall not duplicate other transit services; C) Timing: The proposed service shall be in response to an existing rather than a future need; and D) Service must meet the legally required farebox ratio (PUC Sections 99268.2, 99268.5 and CAC Sections 6633.2, 6633.5) with fares close to fares of similar service.”
The hearing was duly noticed at least 30 days (January 18, 2023) prior to this evening. It would be appropriate to open the Public Hearing and receive written and oral comments regarding any “unmet transit needs” and determine whether these “needs are reasonable to meet.” The documentation of the Public Hearing will be forwarded to Kern COG.

FISCAL IMPACT: None
ACTION REQUESTED: Open The Public Hearing, Consider All Public Comments, Receive And Approve A Public Hearing And Approval Of A Resolution Of The City Of Ridgecrest City Council To Consider Public Comments And Establish A Finding For Unmet Needs That Are Reasonable To Meet With The Public Transportation System for Fiscal Year 2023-2024 CITY MANAGER’S RECOMMENDATION:

Submitted by: Christopher Smith Action Date: March 15, 2023 This Page Intentionally Left Blank

RESOLUTION 23-XX

A RESOLUTION OF RIDGECREST CITY COUNCIL

ESTABLISHING A FINDING FOR UNMET TRANSIT NEEDS

THAT ARE REASONABLE TO MEET WITH THE PUBLIC
TRANSPORTATION SYSTEM FOR FISCAL YEAR 2023-2024
WHEREAS, pursuant to California Government Code Section 29350, the County of Kern and the State Board of Equalization have entered into an agreement that provides for the collection of certain additional sales and use taxes in Kern County that are returned to Kern County, administered by the regional transportation planning agency (Kern Council of Governments) and use for the purpose specified in California Public Utilities Code Section 99200 et seq.; and
WHEREAS, pursuant to Public Utilities Code 99401.5, Kern Council of Governments (Kern COG) is required to establish and define the terms “unmet transit needs.” Kern COG Resolution 90-04 defines “unmet transit needs” as follows: “An unmet transit need exists if an individual of any age or physical condition is unable to transport himself or herself due to deficiencies in the existing transportation system. Excluded are 1) Those requests for minor operational improvements, and 2) Those improvements funded and scheduled for implementation in the following year. The term “reasonable to meet” is defined: A) Operational Feasibility: The requested improvement must be safe to operate, and there must be adequate roadways for transit vehicles; B) Duplication of Service: The proposed service shall not duplicate other transit services; C) Timing: The proposed service shall be in response to an existing rather than a future need; and D) Service must meet the legally required farebox ratio (PUC Sections 99268.2, 99268.5 and CAC Sections 6633.2, 6633.5) with fares close to fares of similar service.”
WHEREAS, the City of Ridgecrest receives Transportation Development Act funds from Kern COG for various transportation uses; and
WHEREAS, before any allocation of Transportation Development Act funds is made for a purpose not related to public transportation services, a public hearing must be held to determine if there are any “unmet needs that are reasonable to meet” in the public transportation system:
and
WHEREAS, a public hearing was duly advertised and held on March 2, 2022, to receive public comments regarding unmet transit needs that are reasonable to meet; and WHEREAS, the City Council considered all available information, including the information presented at the public hearing on March 15, 2023.

WHEREAS, the City of Ridgecrest is required to submit findings from the annual unmet transit needs public hearing to Kern COG by the end of April 2023.

City of Ridgecrest
Resolution 23-Xx Page 2 of 2
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Ridgecrest that:
1) The facts herein are true, and the Council has jurisdiction to consider and make findings in the matter herein mentioned; and
2) The Council hereby determines that there are no unmet transit needs that are reasonable to meet within Ridgecrest; and
3) The Transit Services Coordinator is directed to submit this finding and the supporting documentation to Kern COG.

ADOPTED, AND APPROVED, this 15th day of March, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
Eric Bruen, Mayor
ATTEST:
_____________________________
Ricca Charlon, City Clerk
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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: March. 15, 2023 This Page Intentionally Left Blank
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: A Resolution To Accept The Base Bid, As Submitted By Elecnor Belco Electric Inc., Utilize The Budgeted Highway Safety Improvement Project (HSIP) Funds Of $819,020.00, Which Will Be State Reimbursed, And Allocate General Fund Reserves Up To $226,246.00 For The Remainder & A 5% Contingency. A Maximum Total Of Up To $1,045,266.00 For The Project; And Award A Construction Contract To Elecnor Belco Electric Inc., To Construct The HSIP Project In The Amount Of Seven Hundred & Eighty-Five Thousand Six Hundred Dollars And No Cents ($785,600.00); And Authorize The City Manager, Ronald Strand, To Execute The Contract
PRESENTED BY: Travis Reed, Public Works Director/Deputy City Manager SUMMARY:

On Tuesday, February 14th, 2023 bids were opened to construct the Highway Safety Improvement Project (HSIP) HSIPSL-5385(074) Bids Contained one (1) bid schedule; and were compared for purposes of evaluating the lowest bid based on the totals of Schedule A.

Prior to the opening of Bids, staff felt it prudent to combine the three (3) individual projects, HSIPSL-5385(070), HSIPSL-5385(071) & HSIPSL-5385(072), being Crosswalk Upgrades on Downs and Ridgecrest Blvd, Arterial Flashing Stop Signs, & Adaptive Traffic Signals respectively into one comprehensive project. Staff felt this would save cost in an already inflated market and allow us to deliver the project closer to the Grant amount, which was prepared in 2020. This new project number will be HSIPSL-5385(074) and is 100% reimbursable.

With the combining of the projects, staff will be closing the previously approved PO’s (22- 137, 22-153, & 22-154) for Willdan Engineering and opening a single PO for the remaining Budget. The total remaining budget for all engineering services is $122,880.30 of the authorized $220,386.00. Staff believes we will be able to complete all CE and Inspection services for less than this amount and we will request Caltrans roll the engineering budget into the Construction portion to lessen the impact to the City.

A total of one (1) bid(s) were received as follows:

Bidder SCH. A. Total Base Bid
Sch. (A)
Elecnor Belco Ele. $785,600.00 $785,600.00
Engineers Estimate $675,000.00 $675,000.00
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
Funding – Source: HSIP GRANT & GENERAL FUND RESERVE.

Project 1 Crosswalks {HSIPSL-5385(070)} – To date
Item Cost
PSE/CE (PO 22-137) $69,903.00
Spent to Date $32,065.75
Project 2 Arterial Flashing Stop-signs {HSIPSL-5385(071)} – To date Item Cost
PSE/CE (PO 22-153) $92,383.00
Spent to Date $38,361.75
Project 3 Adaptive Traffic Signals {HSIPSL-5385(072)} – To date Item Cost
PSE/CE (PO 22-154) $58,100.00
Spent to Date $27,078.50
Combined Project {HISPSL-5385(074)}
Item Cost
Budgeted FY22-23 $819,020.00
Previously Spent (See above) $97,506.00 (PS&E Services) CE (PO TBD) Remainder PSE/CE Budget $122,880.30
Construction Bid $785,600.00
5% Construction Contingency $39,280.00
Project Projected Total (Includes Cont.) $1,045,266.00
Less Project Original Budget $819,020.00
Additional Funding (Gen. Fund Reserve) $226,246.00
As shown above, staff is seeking Council approval to authorize the use of Unallocated General Fund Reserves to make up the difference in cost for the project. Bids Came back

16.3% higher than the engineers estimate, but this seems to be consistent with all the other projects we have going. In staffs experience we feel waiting will only compound the issue and cause prices to increase more.

The HSIP project was solicited on January 9th, 2023. Bids were received on February 14th, 2023 and opened at the Finance Counter by Staff in the presence of Contractor Representatives. After the presentation an apparent low bidder, Elecnor Belco Electric, Inc., was announced with the caveat that bids were subject to review by the City’s selected Engineering Firm, Willdan Engineering, and the Engineer in Responsible Charge of the project, Mr. Mike Bustos.

Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
After Mr. Bustos’ review, it was recommended the contract be awarded to the lowest responsible bidder, Elecnor Belco Electric, Inc. Staff Consulted with CM Strand on funding the project as it was apparent it would go over budget. CM Strand recommended the use of Reserves so we could complete the project and not be subject to additional price increases.

An extensive background was not conducted on Elecnor Belco, as Willdan Staff spoke to their capabilities and numerous successful projects they have completed for other Cities.

Staff recommends the contract be awarded for the proposed HSIP project to the lowest responsible and responsive bidder. Said recommendation is to award the construction contract to Elecnor Belco, in the amount of $785,600.00.

Together with the award of the contract, Staff is also requesting a Five (5%) percent contingency for unknowns which we may encounter on the project. With the age of our crosswalk and signal infrastructure staff is requesting the potential use of additional funds if needed to deliver the project. As with any project we hope to only need a small portion, if any, of the funding, but given the nature of this project we would like to cover all of our bases.

Said 5% amount is $39,280.00.

If Council approves, all open purchase orders (For the three (3) previous projects) for Willdan Engineering shall be closed and the remaining funds will be added to a Construction Engineering PO to reflect the combining of the project. Additionally, a purchase order will be issued to Elecnor Belco Electric, Inc. for the total contract amount of $824,880.00 ($785,600.00 + $39,280.00) inclusive of: the base bid price and contingency.

Again, this project is seeking the use of Unallocated General Fund Reserves ($226,246.00) for successful completion. Any remaining funds shall be returned in a manner consistent with City Council, City Manager, and Finance Director recommendation.

FISCAL IMPACT:
$1,045,266 for Construction Costs, Engineering, and a 5% contingency, of which $819,020.00 was previously budgeted and is reimbursable, $97,506 has been previously spent on Preliminary Engineering & $226,246 shall come from Unallocated General Fund Reserves.

ACTION REQUESTED:

1. Authorize the spending of the previously budgeted HSIP funds of $819,020.00.

2. Allocate the additional funds necessary from Unallocated General Fund Reserves for Construction Contingency and Project overages in an amount not to exceed $226,246.00.

Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT

3. Authorizes the award of a Construction Contract to Elecnor Belco Electric Inc., to Construct HSIPSL-5385(074) project, in the Amount of Seven Hundred and eighty-five thousand six hundred dollars and no cents ($785,600.00).

4. Authorizes the Finance Director to amend the budget to reflect all appropriate capital, revenue and transfer accounts and create a purchase order for Elecnor Belco Electric, Inc., in the amount of $824,880.00.
a. Adjustments as follows:

Budgeted FY22-23 $819,020.00
Unallocated General Fund
Reserve
$226,246.00
Project Total $1,045,266.00
Percentage Over Budget 21.7% (Consistent with other
Projects to date)

5. Authorizes the City Manager, Ronald Strand, to execute the contract.

CITY MANAGER’S RECOMMENDATION: Action as Requested
Submitted by: Travis Reed Action Date: March 15th, 2023 RESOLUTION NO. 23-Xx
Resolution No 23-Xx Page 1 of 2

A RESOLUTION TO ACCEPT THE BASE BID, AS SUBMITTED BY ELECNOR BELCO ELECTRIC INC., UTILIZE THE BUDGETED HIGHWAY SAFETY IMPROVEMENT PROJECT (HSIP) FUNDS OF $819,020.00, WHICH WILL BE STATE REIMBURSED, AND ALLOCATE GENERAL FUND RESERVES UP TO $226,246.00 FOR THE REMAINDER & A 5% CONTINGENCY. A MAXIMUM TOTAL OF UP TO $1,045,266.00 FOR THE PROJECT; AND AWARD A CONSTRUCTION CONTRACT TO ELECNOR BELCO ELECTRIC INC., TO CONSTRUCT THE HSIP PROJECT IN

THE AMOUNT OF SEVEN HUNDRED & EIGHTY-FIVE THOUSAND SIX HUNDRED DOLLARS AND NO CENTS ($785,600.00); AND AUTHORIZE THE CITY MANAGER,

RONALD STRAND, TO EXECUTE THE CONTRACT
WHEREAS, On Wednesday, June 15th, 2022 Council Adopted the Fiscal Year 2022-2023 annual budget; and,
WHEREAS, Within that budget, Council approved Funding for three (3) Highway Safety Improvement Projects (HSIP) for a total of $819,020.00; and, WHEREAS, These projects are 100% state reimbursed per the HSIP Program for up to the amount requested, ($819,020.00); and,
WHEREAS, In an effort to save money, staff consolidated the three (3) HSIP projects, {HSIPSL5385(070); HSIPSL-5385(071); HSIPSL-5385(072)} into one larger project having project number: HSIPSL5385(074); and WHEREAS, On Tuesday, February 14th, 2023 bids were opened to construct the HSIP Cycle 10, State Funded Project No. HSIPSL-5385(074); and,
WHEREAS, Bids were compared for purposes of evaluating the lowest bid based on the totals of Schedules A; and,
WHEREAS, A total of one (1) bid(s) were received and the results are as follows:

Bidder SCH. A. Total Base Bid
Sch. (A)
Elecnor Belco $785,600.00 $785,600.00
Engineers Estimate $675,000.00 $675,000.00
WHEREAS, The bids were reviewed and analyzed by the Willdan Engineering and Project Manager, Mike Bustos, for a recommendation of the lowest responsible and responsive bidder. Elecnor Belco Electric Inc. with a base bid of $785,600.00 is recommended as the lowest responsive and responsible bidder; and the project costs are in line with previously approved project overage’s due to inflation; and, WHEREAS, The anticipate project Costs are as follows:

PE/CE/Grant Admin Construction Costs 5% Contingency
$220,386.00 $785,600.00 $39,280
Total Project Cost: $1,045,266.00
Resolution No 23-Xx Page 2 of 2
WHEREAS, An amount of $39,280.00 or five percent (5%) of the $765,600.00 bid amount is needed for construction contingencies; and,
WHEREAS, The amount of additional funds necessary for the Project, and contingency are $226,246.00; and,
WHEREAS, Said additional funding shall come from the Unallocated General Fund Reserves; and, WHEREAS, A purchase order will be issued to Elecnor Belco Electric, INC. for total bid amount plus 5% contingency; for a total amount of $824,880.00 to construct the Project.

NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest hereby:

1. Authorize the spending of the previously budgeted HSIP funds of $819,020.00.

2. Authorize the use of Unallocated General Fund Reserves for Construction Contingency and Project overages in an amount not to exceed $226,246.00.

3. Authorizes the award of a Construction Contract to Elecnor Belco Electric Inc., to Construct HSIPSL-5385(074) project, in the Amount of Seven Hundred and eighty-five thousand six hundred dollars and no cents ($785,600.00).

4. Authorizes the Finance Director to amend the budget to reflect all appropriate capital, revenue and transfer accounts and create a purchase order for Elecnor Belco Electric, Inc., in the amount of $824,880.00.
a. Adjustments as follows:

Budgeted FY22-23 $819,020.00
Unallocated General Fund Reserve $226,246.00
Project Total $1,045,266.00
Percentage Over Budget 21.7% (Consistent with other Projects to date)

5. Authorizes the City Manager, Ronald Strand, to execute the contract.

APPROVED AND ADOPTED this 15th day of March, 2023 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
________________________________
Eric A. Bruen, Mayor
ATTEST:
_______________________
Ricca Charlon
City Clerk
Agreement
For The Construction Of
HSIP CYCLE 10, STATE FUNDED PROJECT NO. HSIPSL-5385(074) As of ______________, 2023, the City of Ridgecrest, hereinafter "City", and Elecnor Belco Electric Inc, hereinafter "Contractor", agree as follows:

Article 1. GENERAL
Section 1. Scope of Work
Contractor will furnish all labor, equipment, and materials and will perform all work for the construction of the facilities described in the plans and specifications attached hereto and hereby incorporated by this reference.

Section 2. Consideration
City shall pay Contractor the sum set forth in Contractor's bid attached hereto and hereby incorporated by this reference for the performance of the work hereunder.

Section 3. Payments
(a) Monthly progress payments shall be processed as follows:
(1) On or about the twenty-fifth (25th) day of each month, Contractor shall submit to City a payment application including an updated construction schedule, and an estimate of the cumulative amount and value of the work performed by Contractor prior to that date and subsequent to any prior estimates. The estimate may include ninety-five percent (95%) of the value of all acceptable materials and equipment delivered to the work site. The estimate shall be based on certified copies of paid invoices by the Contractor.
(2) Upon receipt of the payment application, the City shall review the application as soon as practicable to determine whether the payment request is proper. Any payment request determined not to be a proper payment shall be returned within seven (7) days after receipt accompanied by a written description of the reasons why the payment request is not proper.
(3) City shall pay Contractor, within fifteen (15) days of receipt of the payment application, ninety percent (95%) of the payment application amount reduced by:
amount due to City for equipment, services, or materials furnished by City; amounts of any claims or liens by the City or others, and amounts required to be deducted by federal, state, or local governmental authorities.
(4) If the City fails to make any progress payment within sixty (60) days after receipt of an undisputed and properly submitted payment application, the City shall pay to the Contractor interest equivalent to the legal rate set forth in Code of Civil Procedure Section 685.101(a) from seven (7) days after receipt of the payment application by the City until paid.
(5) No progress payment shall be construed as acceptance of the work, or any portion thereof, nor shall such payment preclude City from demanding and recovering from Contractor such damages as may be sustained by reason of Contractor's failure to fully perform this contract.
(6) Contractor shall submit a project schedule in Microsoft project with each pay request application.
(7) Contractor shall submit written narrative of work completed and work to be performed.
(8) Contractor shall submit Conditional and Unconditional Release and Waivers from Sub-Contractors, Suppliers with each Progress Pay. (9) The Contractor shall complete and submit an invoice showing project name, date of work, City purchase order number, City project number, invoice number, original contract amount, current invoice amount, total billed to date, remaining contract balance, percentage of work completed, description of task(s), personnel assigned to task, job title of personnel and supporting documentation. (b) Upon satisfactory completion of the work described herein, City shall pay Contractor a sum equal to ninety-five percent (95%) of the actual work completed less prior monthly progress payments.
(c) Within sixty (60) days after the date of completion, the amounts withheld by the City shall be released. Provided, the City may withhold from the final payment any amount not to exceed one hundred fifty percent (150%) of the disputed amount. For purposes of this section, "completion" means:
(1) The acceptance by the governing body of the City.
(2) Cessation of labor on the work for a continuous period of thirty (30) days or more, if the City files a notice of cessation.
(d) Notwithstanding the foregoing, Contractor may receive payment in full, other than retention for claims by the City or third parties, if the Contractor first deposits approved securities or enters into an agreement with an escrow agent to hold earned retentions. The substitution of securities or the use of an escrow account shall be in the form and manner permitted by law. The escrow agent shall be licensed to do business and do business within the territorial limits of the City.

Section 4. Contract Documents
(a) The complete contract includes the entire contract documents set forth herein, to within :the Notice Inviting Sealed Bids, Information for Bidders, Bidder’s Reference, Bidder’s Financial Reference, Designation of Subcontractors, Noncollusion Affidavit, Bid Form, Schedule of Bid Items, Bid Bond, Worker's Compensation Certificate, Agreement, Performance Bond, Payment Bond, Section II: General Conditions, Section III: Special Conditions, Section IV: Construction Specifications, Section V:

Federal Provisions, Project Plans, City of Ridgecrest Standard Plans (Latest Version), Caltrans Standard Plans (Latest Version), Indian Wells Valley Water District Standard Plans, Addenda Issued Prior to Bid Opening, Certificate(s) of Insurance, all attached hereto.
(b) Any person making a bid or offer to perform the work shall set forth the following in the bid or offer:
(1) Name, location and place of business;
(2) Proof of Contractor’s and Subcontractors’ current registration with the Department of Industrial Relations as required by Labor Code Section 1725.5;
(3) California contractor’s license number of each subcontractor who will perform the work or render service to the prime contractor in excess of onehalf (1/2) of one (1) percent of the prime contractor’s total bid; and (4) Description of portion of work to be performed by each subcontractor.

Section 5. Compliance with Provisions of Law
(a) This City is a public agency of the State of California and is subject to the provisions of the law relating to public agencies. All provisions of law applicable to public contracts are a part of this contract to the same extent as those set forth fully herein and shall be complied with by Contractor. (b) Contractor shall comply with all provisions of law relating to the work. (c) No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to labor Code section 1725.5, unless a limited exception applies pursuant to Labor Code section 1771.1.
(d) No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5
(e) This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

Section 6. Attorneys' Fees
The Court shall award reasonable costs and expenses, including attorneys' fees, to the prevailing party in any action or proceeding brought to enforce the provisions of this Agreement.

Section 7. Notices
Any notice required or permitted under this contract shall be given by personal delivery or by first class mail, postage prepaid,
To: City of Ridgecrest
Public Works Department
100 W. California Avenue
Ridgecrest, CA 93555
Section 8. Conflict With Plans and Specifications
Any conflict between the plans and specifications and this contract shall be brought to the attention of the City which shall resolve such conflict.

Section 9. Assignment
(a) Contractor shall not assign this contract or payments due hereunder. (b) In entering this contract or a subcontract to this contract, the Contractor or subcontractor offers and agrees to assign to the awarding body all rights, title, and interest in and to all causes of action it may have under Section 4 of the Clayton Act (15 U.S.C.A. Sec. 15) or under the Cartwright Act (Chapter 2 (commencing with Section 16700) of Part 2 of Division 7 of the Business and Professions Code), arising from purchases of goods, services, or materials pursuant to this works contract or a subcontract. This assignment shall be made and become effective at the time the City tenders final payment to the Contractor, without further acknowledgment by the parties.

Section 10. Paragraph Headings
The paragraph headings in this contract are for the convenience of the parties and shall not affect the interpretation of this Agreement.

Section 11. Authority of City Representative
City's representative shall decide all questions which may arise as to the quality or acceptability of materials furnished and work performed, and as to the manner of performance and rate of progress of the work, all questions as to the interpretation of the plans and specifications and all questions as to the acceptable fulfillment of the contract on the part of the Contractor.

Article 2. WAGES, HOURS, AND WORKING CONDITIONS
Section 12. Prevailing Wage Payments
(a) The general prevailing rates of per diem wages and general prevailing wages for holiday and overtime work in the locality in which the work is to be performed have been determined. The applicable State prevailing wage rates are set forth on the California Department of Industrial Relations website:
http://www.dir.ca.gov/DLSR/PWD but are not printed in the Specifications; these rates are subject to predetermined increases.

Contractor and all subcontractors will not pay less than the specified prevailing rates of wages to all workers employed in the execution of the contract. Contractor will post one (1) copy of the prevailing rates of wages at the job site. (b) For each calendar day or portion thereof, and for each worker paid less than the prevailing rates for such work or craft in which the worker is employed or any work done under the contract by him, or any subcontractor, Contractor shall forfeit as penalty to the City the sum of five hundred dollars ($500.00).

Section 13. Travel and Subsistence Payments
Travel and subsistence payments shall be paid to each worker as such payments are defined in the applicable collective bargaining agreements filed with the Department of Industrial Relations for the particular craft, classification, or type of work involved.

Section 14. Hours of Work
(a) Eight (8) hours labor constitutes a legal day's work pursuant to this contract. The time of service of any worker employed upon the project is limited and restricted to eight (8) hours during any one (1) calendar day and forty (40) hours during any one (1) calendar week unless the employee is compensated at a rate of one and onehalf (1 ½) times the basic rate of pay for all times in excess of the foregoing hours. (b) Contractor shall keep and make available an accurate record showing the name of and actual hours worked each calendar day and each calendar week by each worker in connection with the project.
(c) As a penalty to the City, Contractor shall forfeit twenty-five hundred dollars ($2,500.00) for each worker or by any subcontractor for each calendar day during which such worker is required or permitted to work more than eight (8) hours in any one (1) calendar day or forty (40) hours in any one (1) calendar week in violation of the provisions of this section.

Section 15. Apprentices
Contractor is responsible for complying with the provisions of the Labor Code dealing with the employment of apprentices on the job site.

Section 16. Subcontractors
(a) Contractor shall comply with the Subletting and Subcontracting Fair Practices Act contained in Public Contracts Code Sections 4100 et seq. (b) Contractor shall submit to City the following information:
(i) The name and location of the place of business of each subcontractor who will perform work or labor or render services to the prime contractor in or about the construction of the work, or a subcontractor licensed by the State of California, who, under subcontract to the Contractor, specially fabricates and installs a portion of the work or improvement according to detailed drawings contained in the plans and specifications, in an amount in excess of one-half of one percent (.5%) of the prime Contractor's total bid. (ii) The portion of the work which will be done under each such subcontractor under Act.
(c) The Contractor shall list only one (1) subcontractor for each portion as defined by the Contractor in the bid.

Section 17. Discrimination
The Contractor shall not refuse to employ or promote any person, and shall not discriminate against any person with respect to compensation received or terms and conditions of employment, and shall not discipline or discharge any person employed by him because of said person's race, religion, creed, color, national origin, ancestry, or sex; nor shall the Contractor refuse to accept otherwise qualified employees as indentured apprentices solely on the grounds of race, religion, creed, color, national origin, ancestry, or sex.

Section 18. Safety
Contractor and subcontractors shall comply with the provisions of the Safety and Health Regulations for Construction, promulgated by the Secretary of Labor under Section 107 of the Contract Work Hours and Safety Standards Act, as set forth in Title 29, C.F.R. and by the Secretary of California, Division of Industrial Safety.

Section 19. Character of Workers
Only competent workers shall be employed on the work. Any person employed, who is found to be incompetent, intemperate, troublesome, disorderly, or otherwise objectionable, or who fails or refuses to perform work properly and acceptably, shall be immediately removed from the work by the Contractor and not be reemployed on the work.

Article 3. INSURANCE, INDEMNIFICATION, AND BONDS
Section 20. Insurance
(a) Contractor shall purchase and maintain insurance to protect the Contractor and the (b) City from claims set forth below which may arise out of or result from Contractor's operations under the contract and for which the Contractor may be legally liable, whether such operations are by the Contractor or by a subcontractor or by anyone directly or indirectly employed by any of them, or by anyone for whose acts any of them may be liable: Claims under workers' compensation, disability benefits, and other similar benefit acts which are applicable to the work performed; Claims for damages because of bodily injury, occupational sickness or disease, or death of the Contractor's employees; Claims for damages because of bodily injury, sickness or disease, or death of any person other than the Contractor's employees; Claims for damages insured by usual personal injury liability coverage which are sustained (1) by a person as a result of an offence directly or indirectly related to employment of such person by the Contractor, or (2) by any other persons; Claims for damages, other than the work itself, because of injury to or destruction of tangible property, including loss of use resulting therefrom; Claims for damages because of bodily injury, death of a person, or property damage arising from ownership, maintenance, or use of a motor vehicle; Claims involving contractual liability insurance applicable to the Contractor's obligations under as previously defined. Claims for damage to work progress.
(c) The insurance required by this section shall be written for not less than limits of liability specified in the contract documents or required by law, whichever coverage is greater. The insurance shall be purchased from a company or companies lawfully authorized to do business in the jurisdiction in which the project is located.

Coverages shall be written on an occurrence basis without interruption from the date of commencement of the work until date of final payment and termination of any coverage required to be maintained after final payment. City, its officers, agents, and employees shall be named as additional insured. (d) Certificates of insurance executed by the carrier(s) and acceptable to the City and copies of the policy shall be filed with the City prior to the commencement of the work. The Certificates and the insurance policies required by this section shall contain a provision that coverages afforded under the policies will not be canceled or allowed to expire until at least thirty (30) days prior written notice has been given to the City. If any of the insurance coverages are required to remain in force after final payment and are reasonably available, an additional certificate evidencing continuation of such coverage shall be submitted with the final application for payment. Information concerning reduction of coverage shall be furnished by the Contractor with reasonable promptness in accordance with the Contractor's information and belief.
(e) Contractor shall require each subcontractor to maintain policies of insurance covering the hazardous, and under the conditions, mentioned above and having the City, its officers, agents, volunteers, and employees as additional insurers. Copies of the subcontractor's certificates of insurance and policies shall be filed with the City.

Section 21. Indemnification
(a) Contractor shall indemnify and save the City, its officers, agents, volunteers, and employees, free and harmless from any and all costs, damages, or liability, including attorneys' fees, arising out of any act or omission to act including any negligent act or omission to act by Contractor, its officers, agents, subcontractors, and employees with respect to the performance of the work or of any of the Contractor's obligations under this contract, except when such loss or damage was caused by the sole negligence or willful misconduct of the City, its officers, agents, volunteers, or employees.
(b) In addition to the foregoing, Contractor shall pay City all costs, including attorneys' fees, incurred by the City in handling, responding to, or litigating stop notice claims or other demands against funds due to the Contractor or against the Contractor's payment bond by Contractor's officers, agents, or employees, including subcontractors.

Section 22. Payment Bond
(a) Before entering upon the performance of the work, Contractor shall file a payment bond with and approved by the City. The payment bond shall be in the sum of one hundred percent (100%) of the total amount payable to the Contractor. (b) The Payment Bond shall be in substantially the form of the payment bond attached hereto. The bond shall be executed by a representative of the surety who has no financial interest in the Contractor. The payment bond shall be separate and distinct from any other bond required by this contract. The bond shall be equivalent quality to a Standard & Poor's rating of AAA or higher.

Section 23. Performance Bond
(a) Contractor shall execute and deliver to City for its approval and acceptance a performance bond in the sum of one hundred percent (100%) of the contract price.

The bond shall be payable by surety or sureties to City if Contractor fails to fully perform his obligations hereunder.
(b) The bond shall be in substantially the form of the performance bond attached hereto. The bond shall be executed by a representative of the surety who has no financial interest in the Contractor. The payment bond shall be separate and distinct from any other bond required by this contract. The bond shall be equivalent quality to a Standard & Poor's rating of AAA or higher.

Article 4. PERFORMANCE
Section 24. Time for Completion
(a) The work shall be completed within forty (40) working days from the starting date set forth in the Notice to Proceed.
(b) City desires the project to be completed on or before the date specified. If the work is not completed on or before the date, the City will incur substantial damages which cannot be ascertained at this time. Accordingly, except for delays for which the City is responsible and which are unreasonable under the circumstances and not within the contemplation of the parties, Contractor shall pay to City any and all damages caused by Contractor's delay in completing the work as herein provided. (c) If the work is not completed in accordance with the foregoing, the City will suffer damage, and it is impractical and infeasible to determine the amount of actual damage.
(d) The Contractor shall pay to the City, as fixed and liquidated damages and not as a penalty, the sum three thousand five hundred dollars ($2,250.00) each and every calendar day of delay, and the Contractor and Contractor's Surety shall be liable for the amount, provided the Contractor shall not be charged liquidated damages because of any delays in the completion of the work due to unforeseeable causes beyond the control and without the fault or negligence of the Contractor (including but not restricted to acts of God, or of the public enemy, acts of the Government, acts of the City, or acts of another Contractor in the performance of a contract with the City, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes, and unusually severe weather, or delays of subcontractors due to such causes). (e) Within ten (10) days from the beginning of any such delay (unless the City shall grant a further period of time prior to the date of final settlement of the contract), the Contractor shall notify the City in writing of the cause of delay. City shall ascertain the facts and extent of the delay and extend the time for completing the work if in City's judgment the findings of fact justify such an extension. The City's findings of fact thereon shall be final and conclusive on the parties hereto. (f) The City may extend the time for completion if City determines such extension to be in the best interest of the City. If the City extends the time limit for the completion of the work, by way of a change order, at the request of the Contractor, for other than acts of God and situations beyond the control of both parties, such extension will increase the City's financial obligations incurred for engineering, inspection, supervision, incidental, and overhead expense that are directly chargeable to the contract and accruing during the period of extension. Therefore, the Contractor shall reimburse City for such reasonable charges before the final payment without penalty.
(g) The City may deduct the liquidated damages set forth herein from progress payments or from the City's final payment. The payment of progress payments before or after the scheduled completion date with or without set off for liquidated damages shall not constitute a waiver of liquidated damages.

Section 25. Acts of God
Contractor shall not be responsible for the cost of repairing or restoring damage to the work exceeding five percent (5%) of the contract price and determined to have been proximately caused by earthquakes in excess of the magnitude of 3.5 on the Richter Scale and tidal waves if damaged work is built in accordance with accepted and applicable building standards and the plans and specifications of the City.

Section 26. Utility Relocation
(a) As between the parties, City is responsible for the timely removal, relocation, or protection of existing main or trunk line utility facilities located on the job site, if such utilities are not identified by the City in the plans and specifications. As to such utilities, Contractor shall be compensated for: the costs of relocation; repairing damage not due to the failure of Contractor to exercise reasonable care; removing or relocating such utilities not included in the plans and specifications with reasonable accuracy; and equipment on the project necessarily idled during such work. Contractor shall not be assessed liquidated damages for delay in completion of the project, when the delay is caused by the failure of the City or the owner of the utility to provide for removal or relocation of such facilities. (b) Nothing herein shall require the City to indicate the presence of existing service laterals or appurtenances whenever the presence of such utilities on the work site can be inferred from the presence of other visible facilities, such as buildings or metering junction boxes, on or adjacent to the work site. (c) Contractor shall immediately notify the City and utility in writing, if the Contractor, while performing the contract, discovers utility facilities not identified by the City in the contract plans or specifications.

Section 27. Public Convenience
(a) Contractor's operation shall cause no unnecessary public inconvenience. The access rights of the public shall be considered at all times. Unless otherwise authorized, traffic shall be permitted to pass through the work or an approved detour shall be provided. Safe, adequate, continuous, and unobstructed pedestrian and vehicular access shall be maintained to fire hydrants, residences, commercial and industrial establishments, churches, schools, parking lots, service stations, motels, fire and police stations, and hospitals, unless other arrangements are made satisfactory to the owners thereof.
(b) Vehicular and pedestrian access to driveways and commercial businesses within the limits of the project shall be maintained to the property line except when necessary construction. Contractor to coordinate all necessary sidewalk and driveway closures with the business owner to accommodate their business hours and use. The Contractor shall take precautions so as not to entrap vehicles on private property during the progress of work. Access for emergency vehicles shall be available within the construction area at all times.
(c) All work shall be performed between 7:00 a.m. to 7:00 p.m. Monday thru Thursday and between 7:00 a.m. to 7:00 p.m. on Fridays and the day preceding a legal holiday.
(d) A minimum of one 10’ traffic lane in each direction shall remain open at all times where shown on the Plans.
(e) Construction of curb ramps must be prosecuted in a manner that allows for the continued use by pedestrians at the intersection being worked on. Pedestrian traffic on both sides of the corridor shall be provided. Sidewalk closure to through-traffic shall be allowed, as directed by the Engineer. Pedestrian access to businesses shall always be provided. Any required closures needed for construction purposes must be coordinated with the business owner to avoid impacting how the business operates. Sidewalk closure for each location shall be limited to a combined maximum of three (3) weeks over the duration of construction. Sidewalks signs indicating that the sidewalk and/or curb ramp, are closed to through pedestrian traffic are required. These signs are to be placed at the ¾ points up the adjacent blocks and on the two opposite corners of the primary street. In order for the sidewalk to be considered open, there must be at least a four foot (4’) path of travel around the sidewalk corner. A $1000 per calendar day administrative penalty shall be paid by the Contractor for each day that access and signing is not maintained as required in the paragraph. Warning signs stating “SIDEWALK CLOSED USE OTHER SIDE” shall be installed when no sidewalk is provided during construction.
(f) The curb ramp construction areas must be closed to the public with the use of barricades and caution tape along the sidewalk edges and appropriate traffic cones on the street edges. These protective devices must be maintained continuously during the period that the curb ramp is closed to pedestrian traffic. (g) The Contractor shall furnish, install temporary stripes and maintain temporary construction warning signs, lighting, flaggers, barricades, striping and other devices necessary to safeguard the general public and the work, and to provide for the safe and proper routing of all vehicular and of pedestrian traffic within and through the limits of the project during construction. The requirement shall apply continuously and shall not be limited to normal working hours.
(h) Grading operations, roadway excavation, and embankment construction shall be conducted by the Contractor in a manner to provide a reasonably satisfactory surface for traffic. When rough grading is completed, the roadbed surface shall be brought to a smooth even condition satisfactory for traffic. (i) The Contractor shall comply with all applicable state and local requirements for closure of streets. Contractor shall provide barriers, guards, lights, signs, temporary bridges, flagmen, and watchmen advising the public of detours and construction hazards. Contractor shall also be responsible for compliance with additional public safety requirements which may arise during construction. Contractor shall furnish and install and upon completion of work, promptly remove all signs and warning devices
(j) At least forty-eight (48) hours in advance of closing or partial closing or of reopening any street, alley, or other public thoroughfare, Contractor shall notify the police, fire, traffic, and engineering departments of jurisdictional agencies involved and comply with their requirements.
(k) All work within public streets and /or roadway right-of-way shall be done in an expeditious manner so as to cause as little inconvenience to the traveling public as possible. Full compensation for furnishing all labor, materials, tools, equipment and incidentals and for doing all work involved in public safety and convenience shall be considered as included in the prices paid for various contract items of work and no additional compensation will be allowed therefore.

Section 28. Public Notification
(a) The Contractor shall notify residents and businesses within the project limits in writing five (5) working days in advance of beginning work. The notice shall describe the work to be performed, the anticipated duration of construction and the name and telephone number of the Contractor’s representative that can be reached 24 hours a day, 7 days a week. The notice shall be submitted to the Engineer for review and approval (if satisfactory).
(b) Where sidewalk and driveway access are affected by construction activity, the Contractor shall issue a separate notice to affected property owners five (5) working days in advance of commencing any work on sidewalks and driveways. The notice shall describe the work to be performed and the anticipated duration of construction. The notice shall be submitted to the Engineer for review and approval (if satisfactory).
(c) The Contractor shall be responsible for issuing a separate notice to property owners five (5) working days in advance of commencing any work on private property.

The notice shall describe the work to be performed and the anticipated duration of construction. The notice shall be submitted to the Engineer for review and approval (if satisfactory). Full compensation for public notification shall be included in the prices paid for various contract items of work and no additional compensation will be allowed therefore.

Section 29. Removal of On-Street Parking
(a) Ten (10) days prior to lane closures, the Contractor shall place signed barricades stating “NO PARKING” – (specific times and dates) – Tow Away” or “NO PARKING” – (specific times and dates) – This Block”, at 50 foot intervals in the work area. Prior to their use, the Contractor shall submit to the Engineer for review and approval the “NO PARKING” signs and mounting barricades. The Contractor shall notify the City Engineering Division immediately after the “NO PARKING” signs are in place. The Contractor shall supply the “NO PARKING” signs, hoods and barricades. Full compensation for furnishing all labor, materials, tools, equipment and incidentals, and for payment of all fees and for doing all work involved in removal of on-street parking shall be considered as included in the prices paid for various contract items of work and no additional compensation will be allowed therefore.

Section 30. Excavations
(a) Contractor shall submit for City approval, a detailed plan showing the design of shoring, bracing, sloping, or other provisions to be made for worker protection from the hazard of caving ground during the excavation of trenches five feet (5') or more in depth. The plan shall be at least as effective as that required by the Construction Safety Orders of the California Division of Industrial Safety. If the plan varies from the shoring systems standards established by said Safety Orders, the plan shall be prepared by a registered civil or structural engineer.
(b) At the close of each working day, Contractor shall completely backfill all open excavation and cover the same with temporary asphalt mix in accordance with normal practice in the industry and the rules, regulations, laws, and ordinances of the State of California, the County of Kern, City of Ridgecrest. (c) If the work involves digging trenches of excavations that extend deeper than four feet (4') below the surface, the Contractor shall promptly, and before the conditions are disturbed, notify the City, in writing, of any:
(1) material the Contractor believes may be hazardous waste, as defined in Section 25117 of the Health and Safety Code, and required to be removed to a Class I, Class II, or Class III disposal site in accordance with provisions of existing law;
(2) subsurface or latent physical conditions at the work site differing from those indicated; or
(3) unknown physical conditions at the work site of any unusual nature, different material from those ordinarily encountered and generally recognized as inherent in the work of the character provided for in the contract. The City shall promptly investigate the conditions. If the City finds the conditions are as alleged by the Contractor and conditions cause a change in the Contractor's cost, or the time required for performance, the City shall issue a change order under the other provisions of this contract.

If a dispute arises whether the Contractor's findings are correct or whether the conditions cause a change in the Contractor's cost, or time required for performance, the Contractor shall not be excused from any scheduled completion date, but shall proceed with all work to be performed under the contract. The Contractor shall retain any and all rights provided either by contract or by law pertaining to resolution disputes and protests between the parties.

Section 31. Extra Work
(a) Upon proper action by its governing body, the City may require changes in (field orders), additions to, or deductions from the work to be performed or to the materials to be furnished within the scope of this agreement. No extra work shall be performed or change made except pursuance of a written order from the City stating the extra work, field order, or change is authorized, and setting forth the basis upon which payment is to be made. No claim for additional compensation shall be valid unless pursuant to such a change order. Nothing in this section shall excuse the Contractor from proceeding with the prosecution of the work so changed. When required by the City, the Contractor shall furnish an itemized breakdown of the quantities and prices used in computing the value of any ordered change.
(b) Adjustments in the amounts to be paid to the Contractor by reason of any such change, addition, or deduction shall be determined by one or more of the following methods:
(c) By an acceptable lump sum proposal from the Contractor. (d) By unit prices contained in the Contractor's original bid and incorporated in the contract documents or fixed by subsequent agreement between the City and the Contractor.
(e) By ordering the Contractor to proceed with the work and to furnish daily reports of extra work. The reports shall itemize all costs for labor, material, and equipment rental. The reports for workers shall include hours worked, rates of pay, names, and classification; and for equipment shall include size, type, identification number, and hours of operation. All records and reports shall be made immediately available to the engineer upon his request.
(f) When the City orders extra work (field order) to be done and there is an agreement between the City and the Contractor to perform the work, the City reserves the right to approve the method used by the Contractor to accomplish the work. At the request of the City, the method to be used shall be defined in the agreement prior to any work being performed by the Contractor.
(g) If the Contractor contends a proposed change is a substantial revision in the character of the work, the question shall be immediately submitted to an arbitrator for decision. The arbitrator's decision will be final and conclusive unless it is found to be fraudulent, capricious, arbitrary, or so grossly erroneous as necessarily to imply bad faith. Each party shall advise the other in advance of the arbitration of the material on which the party intends to rely and give the other a reasonable opportunity to refute or supplement any of such factual material.

Section 32. Clean-Up
Upon completion of the work, Contractor shall remove all debris and surplus materials from the work site.

Section 33. Materials
(a) Unless otherwise specified, shown, or permitted by the City, all materials and equipment incorporated in the work shall be new and of current manufacture. The City may request the Contractor to furnish manufacturer's certificates to this effect. (b) All materials furnished and all work performed hereunder shall be subject to inspection and testing by City's authorized agents at City's expense. If such inspection and testing reveals non-compliance with the requirements of this contract, the Contractor shall bear the cost of necessary corrective measures as well as the cost of subsequent inspecting and testing.
(c) The inspection of the work shall not relieve the Contractor of any of his obligations under the contract. Even though equipment, materials, or work required to be provided under the contract have been inspected, accepted, and estimated for payment, the Contractor shall replace or repair any such equipment, materials, or work found to be defective or otherwise not to comply with the requirements of the contract up to the end of the maintenance and guarantee period.

Section 34. Permits and Licenses
(a) Contractor shall apply for and procure all permits and licenses necessary for the work.
(b) Contractor shall give all notices necessary and incidental to the due and lawful prosecution of the work and shall comply duly with the terms and conditions of all permits and licenses.
(c) Contractor shall apply all charges and fees in connection with all permits and licenses.
(d) Contractor shall apply for and procure a Caltrans encroachment permit.

Section 35. Land and Rights-of-Way
(a) City shall provide all land and rights-of-way upon which the work is to be constructed.
(b) Contractor shall procure any additional rights-of-way desired by the Contractor to facilitate construction of the work. Contractor shall enter into written agreements with property owners for such purposes and shall provide City with copies of the agreements.
(c) Except as provided above relating to utility relocation, when the work is to be performed in the vicinity of existing improvements, such improvements shall not be disturbed or damaged except for such removal or relocation in the land and rights-of-way provided by the City or as unavoidable to accommodate the work.

Section 36. Plans and Working Drawings Submitted by City (a) The approved plans shall be supplemented by such working drawings as are necessary to control the work adequately. All such drawings shall be consistent with the contract documents, true developments thereof, and reasonably inferable therefrom. All such drawings delivered to the Contractor shall be deemed written instructions to the Contractor.
(b) The City will furnish to the Contractor, free of charge, all copies of drawings, and specifications reasonably necessary for the execution of the work. The Contractor shall keep one set of drawings and specifications in good order available to the City's representative and to his representatives at the site of the work. (c) The plans for the work show conditions as they are supposed or believed by the (d) Engineer to exist. It is not intended or inferred the conditions as shown thereon constitute a representation by the City or its officers that such conditions actually exist. The City, its officers, agents, and employees shall not be liable for any loss sustained by the Contractor as a result of any variance of the conditions as shown on the plans and the actual conditions revealed during the progress of the work, or otherwise.

Section 37. Shop Drawings Submitted by Contractor
(a) Shop drawings are drawings, diagrams, illustrations, schedules, performance charts, brochures, and other data which are prepared by the Contractor or subcontractor, manufacturer, supplier, or distributor, and illustrating some portion of the work.
(b) The Contractor shall review, stamp with his approval, and submit for review by the City's representative shop drawings for all material and equipment to be incorporated into the work. Drawings shall be submitted in quadruplicate to the City's representative and be accompanied by a letter of transmittal listing the drawings submitted. Drawings shall show the name of the project, the name of the Contractor, and, if any, the names of suppliers, manufacturers, and subcontractors.

Shop drawings shall be submitted with promptness and in orderly sequence so as to cause no delay in prosecution of the work.
(c) Shop drawings shall be complete in all respects. If the shop drawings show any deviations from the requirements of the plans and specifications because of standard shop practices or other reasons, the deviations and the reasons therefor shall be set forth in the letter of transmittal.
(d) By approving and submitting shop drawings, the Contractor represents that material, equipment, and other work shown thereon conforms to the plans and specifications except for the deviations set forth in the letter of transmittal. (e) Within ten (10) working days after receipt of the drawings, the City will return two (2) prints of the drawings to the Contractor with comments noted thereon. If so noted by the City, the Contractor shall correct the drawings and resubmit them in the same manner as specified for the original submittal. The Contractor shall direct specific attention in the letter of transmittal accompanying resubmitted shop drawings to revisions other than the corrections requested by the City's representatives on previous submittals.
(f) The review of the City's representative is only of general conformance with the design concept of the project and general compliance with the plans and specifications and shall not be construed as relieving the Contractor of the full responsibility for: providing materials, equipment, and work required by the contract; the proper fitting and reconstruction of the work; the accuracy and completeness of the shop drawings; selecting fabrication processes and techniques of construction; and performing the work in a safe manner. (g) No portion of the work requiring a shop drawing submittal shall be commenced until the submittal has been reviewed by the City's representative and returned to the Contractor with a notation indicating resubmittal is not required.

Section 38. Supervision by the Contractor
Before starting the work, the Contractor shall designate, in writing, a representative who shall have complete authority to act for the Contractor. An alternate representative may by designated. The representative or alternate shall be present at the work site whenever work is in progress. Any order or communication given to this representative shall be deemed delivered to the Contractor. A joint venture shall designate only one representative and alternate. In the absence of the Contractor or designated representative, necessary or desirable directions or instructions may be given by the City's representative to the superintendent or foreman having charge of the specific work to which the order applies. Such order shall be complied with promptly and referred to the Contractor or the representative.

Section 39. Inspection
(a) The City's representative shall at all times have access to the work during construction and shall be furnished with every reasonable facility for ascertaining full knowledge respecting the progress, workmanship, and character of materials used and employed in the work.
(b) Whenever the Contractor varies the period during which work is carried on each day, he shall give due notice to the City's representative so proper inspection may be provided. Any work done in the absence of the City's representative will be subject to rejection.
(c) No materials shall be installed until approved by the City's representative. All installations which are to be backfilled shall be inspected and approved by the City's representative prior to backfilling and the Contractor shall give due notice in advance of backfilling to the City's representative so that proper inspection may be provided.
(d) The inspection of the work shall not relieve the Contractor of any of his obligations to fulfill the contract as prescribed. Defective work shall be made good, and unsuitable materials may be rejected notwithstanding the fact that such defective work and unsuitable materials have been previously overlooked by the City's representative and accepted.

Section 40. Removal of Defective and Unauthorized Work
(a) All work which has been rejected shall be remedial, or removed and replaced by the Contractor in an acceptable manner and no compensation will be allowed for such removal or replacement. Any work done beyond the lines and grades shown on the plans or established by the City's representative, or any extra work done without written authority will be considered as unauthorized and will not be paid for. Work so done may be ordered removed at the Contractor's expense. (b) Upon failure on the part of the Contractor to comply promptly with any order of the City's representative under this section, the City's representative shall have authority to cause defective work to be remedied or removed and replaced, and unauthorized work to be removed, and to deduct the costs from any monies due or to become due the Contractor.

Section 41. Errors or Discrepancies Noted by Contractor (a) If the Contractor, either before commencing work or in the course of the work finds any discrepancy between the specifications and the drawings, or between either of them and the physical conditions at the site of the work, or finds any error or omission in any of the drawings or in any survey, Contractor shall promptly notify the City in writing of such discrepancy, error or omission. If the Contractor observes any drawings or specifications are at variance with any applicable law, ordinance, regulation, order, or decree, Contractor shall promptly notify the City in writing of such conflict.
(b) The City, on receipt of any such notice, shall promptly investigate the circumstances and give appropriate instructions to the Contractor. Until such instructions are given, any work done by the Contractor, either directly or indirectly after Contractor's discovery of such error, discrepancy, or conflict will be at Contractor's own risk and Contractor shall bear all costs arising therefrom.

Section 42. Equipment
The Contractor must furnish adequate equipment and facilities to perform properly the work in a workmanlike manner in accordance with these specifications. Such equipment and facilities must be in a good state of repair and maintained in such state during the progress of the work and shall meet all requirements of applicable ordinances and laws. No worn or obsolete equipment shall be used, and in no case shall the maker's rating of capacity for any equipment be exceeded.

Section 43. Storage of Materials
All materials for use in the work shall be stored by the Contractor in such a manner as to prevent damage from exposure to the elements, admixture of foreign materials, or from any other cause. The Contractor shall be entirely responsible for damage to or loss of materials by weather or other causes.

Article 5. MISCELLANEOUS
Section 44. Guarantees
Contractor guarantees all work from any defect in workmanship for the period of one (1) year from the date of acceptance of the work by the City and shall repair and replace any and all such work, together with any other work displaced in so doing, without expense whatsoever to the City, ordinary wear and tear, usual abuse, or neglect excepted. City may have the defects repaired and made good at the expense of the Contractor, if Contractor fails to comply with the above-mentioned conditions within a week after being notified in writing.

Section 45. Risk of Loss Prior to Final Acceptance
Except as set forth above relating to acts of God, all risk of loss resulting from total or partial destruction of the work, or any part thereof, or any damage thereto, prior to final acceptance of the work by City, shall be borne by Contractor regardless of the cause. Contractor shall repair or replace such damages or destroyed work, to its prior undamaged condition before being entitled to additional progress payments or final payment. Total or partial destruction or damage shall not excuse Contractor from completion of the work in accordance with this contract.

Section 46. Termination: Contractor at Fault
(a) The City may declare the Contractor in default of contract, if the Contractor fails to meet any or all of the requirements of the contract, or be placed in or enter into bankruptcy, or should a receiver be appointed for Contractor's properties, or should Contractor make an assignment for the benefit of creditors. In such event, the City will notify the Contractor in writing. Upon receipt of any such written notice, the Contractor shall preserve at the project site all construction materials, equipment, and plant, and undertake immediate steps to remedy such default. (b) If the Contractor fails to remedy such default within five (5) calendar days after receipt of such written notice, the City may terminate the Contractor's right to proceed with the work as to which default has occurred. Upon receipt of such written notice, the Contractor shall for that work affected by any such termination:
(1) assist the City in making an inventory of all materials and equipment in storage at the site, en route to the site, in storage or manufacture away from the site, and on order from suppliers;
(2) assign to the City, subcontracts, supply contracts, and equipment rental agreements all as designated by the City; and
(3) remove from the site, all construction materials, equipment, and plant listed in said inventory other than such construction materials, equipment, and plant which are designated in writing by the City to be used by the City in completing such work.
(c) The City may complete the work to which notice applies by contract or otherwise, and may take possession of and to use any or all of the materials, plant, tools, equipment, supplies, and property of any and every kind furnished by the Contractor which is designated by the City in writing for such purpose. The expense of completing such work, together with a reasonable charge for administering any contract for such completion, shall be charged to the Contractor, and such expense shall be deducted by the City out of such monies as may be due or may at any time thereafter become due to the Contractor. If this expense exceeds the sum otherwise payable under the contract, the Contractor and Contractor's sureties shall be liable for and shall, upon written notice from the City, promptly pay to the City, the amount of such excess. The City shall not be required to obtain the lowest figures for completing such work, but may make such expenditures as in the City's sole judgment will best accomplish such completion.

Section 47. Termination: Contractor Not at Fault
City may terminate the contract upon ten (10) days written notice to the Contractor, if the City finds reasons beyond the control of either the City or Contractor make it impossible or against the City's interests to complete the work. In such a case, the Contractor shall have no claims against the City, except for the value of work performed to the date of termination, and for the cost of materials and equipment on hand, in transit, or on definite commitment, as of the date of termination if such materials and equipment would be needed in the work. The value of work performed and the cost of materials and shipment delivered to the site, as mentioned above, shall be determined by the City in accordance with the procedure prescribed for the making of a final estimate and payment.

Section 48. Resolution of Certain Claims
(a) Notwithstanding the foregoing, any demand of three hundred seventy five thousand dollars ($375,000), or less, by the Contractor for a time extension; payment of money or damages arising from the work done by or on behalf of the Contractor pursuant to this contract; or payment of an amount which is disputed by the City shall be processed in accordance with the provisions of Public Contracts Code Sections 20104 et seq. relating to informal conferences, non-binding judicially supervised mediation, and judicial arbitration.
(b) A single written claim shall be filed under this section prior to the date of final payment for all demands, including demands not subject to Public Contracts Code Sections 20104 et seq. arising out of the contract.
(c) Within thirty (30) days of the receipt of the claim, the City may request additional documentation supporting the claim or relating to defenses or claims the City may have against the Contractor. If the amount of the claim is less than fifty thousand dollars ($50,000), the Contractor shall respond to the request for additional information within fifteen (15) days after receipt of the request. The Contractor shall respond to the request within thirty (30) days of receipt if the amount of the claim exceeds fifty thousand dollars ($50,000) but is less than three hundred seventy five thousand dollars ($375,000).
(d) Unless further documentation is requested, the City shall respond to the claim within forty-five (45) days if the amount of the claim is less than fifty thousand dollars ($50,000) or within sixty (60) days if the amount of the claim is more than fifty thousand dollars ($50,000) but less than three hundred seventy five thousand dollars ($375,000). If further documentation is requested, the City shall respond within the same amount of time taken by the Contractor to respond or fifteen (15) days, whichever is greater, after receipt of further information if the claim is less than fifty thousand dollars ($50,000). If the claim is more than fifty thousand dollars ($50,000) but less than three hundred seventy five thousand dollars ($375,000) and further documentation is requested by the City, the City shall respond within the same amount of time taken by the Contractor to respond or thirty (30) days, whichever is greater.
(e) If the Contractor disputes the City's response, or the City fails to respond, the Contractor may demand an informal conference to meet and confer for settlement of the issues in dispute. The demand shall be served on the City within fifteen (15) days after the deadline of the City to respond or within fifteen (15) days of the City's response, whichever occurs first. The City shall schedule the meet and confer conference within thirty (30) days of the request.
(f) If the meet and confer conference does not produce a satisfactory request, the Contractor may pursue remedies authorized by law.

IN WITNESS WHEREOF, the parties hereto have executed this Agreement, or caused it to be executed as of the day, month, and year first above written.

CONTRACTOR
By ____________________________________
Title ____________________________________

CITY OF RIDGECREST
By ___________________________________
Title ____________________________________
APPROVED AS TO FORM:

OLIVAREZ MADRUGA LEMIEUX O’NEIL, LLP
By ____________________________________
ATTEST:

By ____________________________________
10 This Page Intentionally Left Blank

CITY COUNCIL AGENDA ITEM
SUBJECT: Ordinance Of The Ridgecrest City Council Amending The Ridgecrest Municipal Code Concerning An Extension Of Tentative Parcel Maps & Tentative Tract Maps PRESENTED BY: Heather Spurlock, City Planner
BACKGROUND:

The Ridgecrest Municipal Code currently allows for the approval of a tentative parcel map for 24 months and an extension for 12 months. If a final map is not submitted within that time frame, the map is considered abandoned.

The Ridgecrest Municipal Code currently permits the approval of tentative tract maps for 36 months. Extensions of tentative tract maps are allowable in 12 month increments not to exceed a total of 36 months.

The Subdivision Map Act (§66452.6 & 66463.5) authorizes the Planning Commission to approve, or conditionally approve, extensions of tentative parcel maps and tentative tract maps for a period not to exceed six years.

Staff is requesting that City Council amend the municipal code to reflect current regulations in the Subdivision Map Act. The tentative map process is time-consuming and costly for applicants.

A subdivision could take from 12 to 18 months for design and approval. During the tentative map design and approval process the market can fluctuate and make projects unprofitable. The natural fluctuation of real estate markets makes tentative map extensions critical to the development of a healthy housing market.

Many of the tentative maps that have been approved for housing development will expire this year. If this amendment is not approved the city will currently have three tentative tract maps with a total 149 single family residential units that expire in September of 2024, and three additional tentative tract maps that expire in January of 2024.

RECOMMENDED MOTIONS:

Motion to waive reading in full an Ordinance of the Ridgecrest City Council, amending the Ridgecrest Municipal Code concerning an extension of tentative parcel maps and tentative tract maps. Requires a second
Motion to introduce, by title only, an Ordinance of the Ridgecrest City Council, amending the Ridgecrest Municipal Code concerning an extension of tentative parcel maps and tentative tract maps. Requires a second
FISCAL IMPACT: None
ACTION REQUESTED: Approve recommended motions
CITY MANAGER RECOMMENDATION: Action as requested
Submitted by: Heather Spurlock Action Date: March 15, 2023 This Page Intentionally Left Blank
ORDINANCE NO. 23-Xx

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RIDGECREST

AMENDING AND ADDING TO THE RIDGECREST MUNICIPAL CODE

CONCERNING AN EXTENSION OF TENTATIVE PARCEL AND TRACT MAPS WHEREAS, The Ridgecrest Municipal Code currently allows for the approval of a tentative parcel map for 24 months and an extension for 12 months. If a final map is not submitted within that time frame, the map is considered abandoned; and,
WHEREAS, The Ridgecrest Municipal Code currently permits the approval of tentative tract maps for 36 months. Extensions of tentative tract maps are allowable in 12 month increments not to exceed a total of 36 months; and,
WHEREAS, The Subdivision Map Act (§66452.6 & 66463.5) authorizes the Planning Commission to approve, or conditionally approve, extensions of tentative parcel maps and tentative tract maps for a period not to exceed six years; and, WHEREAS, It is desirable to extend the periods by which tentative maps may be extended to address changing market conditions and ensure a healthy housing market.

BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RIDGECREST as follows:

1. Purpose.

This Ordinance amends and adds to the Ridgecrest Municipal Code provisions allowing for the extension of Tentative Maps.

2. Amendment.

The following Section 119 of Chapter 105 of Part II of the Ridgecrest Municipal Code is hereby amended in its entirety to read as follows:
“Sec. 105-119. Planning commission action.
(a) The planning commission shall hold a public hearing to consider the tentative parcel map within 50 working days following the date of its filing, and shall determine whether the tentative parcel map is in conformity with the provisions of law and this chapter and upon that basis shall approve, conditionally approve, or disapprove, the tentative parcel map and shall report its action directly to the party submitting the tentative parcel map. (b) Notice shall be published in a newspaper of general circulation in the community not less than ten days nor more than 15 days before the date set for the commission hearing. The notice shall contain all data pertinent to the hearing.
(c) Written notices shall be mailed not less than ten days prior to the date of the hearing to owners of property within a radius of 300 feet of the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown on the tax roll of the county. Such notice shall contain all pertinent data contained in the application.
(d) Within ten days following the action of the planning commission, the director of community development shall transmit a letter containing the record pertaining to such action to the party submitting the tentative parcel map.
(e) The approval or conditional approval of a tentative parcel map shall be for 24 months.

Upon written application, a time extension not exceeding 12 months may be granted by the planning commission. If the final parcel map is not submitted within the allotted time, the tentative parcel map shall be considered abandoned.

Ordinance 23-Xx Page 2 of 4
(f) If a person is dissatisfied with any action of the planning commission with respect to the tentative parcel map, he may, within 15 days after such action, appeal to the city council in accordance with Government Code § 66562.5.”

3. Addition
The following Section 126 of Chapter 105 of Part II of the Ridgecrest Municipal Code is hereby added to read as follows:
“Section 105-126. Extension.

Upon application of a subdivider filed before the expiration of an approved or conditionally approved tentative map, the time at which the map expires pursuant to Section 105-119(e) may be extended by the Planning Commission for a period or periods not exceeding a total of six years. The period of extension specified in this Section shall be in addition to the period of time provided by Section 105-119(e). Before the expiration of an approved or conditionally approved tentative map, upon application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever comes first. If the Planning Commission denies a subdivider’s application for an extension, the subdivider may appeal to the City Council within 15 days after the advisory Planning Commission has denied the extension.”

4. Amendment
The following Section 60 of Chapter 105 of Part II of the Ridgecrest Municipal Code is hereby amended in its entirety to read as follows:
“Sec. 105-60. - Planning commission action.
(a) The planning commission shall hold a public hearing to consider the tentative map within 50 working days following the date of its filing, and shall determine whether the tentative map is in conformity with the provisions of law and this chapter and upon that basis shall approve, conditionally approve, or disapprove the tentative map. (b) Notice shall be published in a newspaper of general circulation in the community not less than nor more than 15 days before the date set for the commission hearing. The notice shall contain all data pertinent to the hearing.
(c) Written notices shall be mailed not less than ten days prior to the date of the hearing to owners of property within a radius of 300 feet of the external boundaries of the property described in the application, using for this purpose the last known name and address of such owners as are shown on the tax roll of the county. Such notice shall contain all pertinent data contained in the application.
(d) The time for acting and reporting on tentative maps may be extended by mutual consent of the subdivider and the planning commission.
(e) The commission shall deny approval of a tentative map if it makes any of the following findings:
(1) That the proposed map is not consistent with applicable general and specific plans. (2) That the design or improvement of the proposed subdivision is not consistent with the applicable general and specific plans.
(3) That the site is not physically suitable for the type of development. (4) That the site is not physically suitable for the proposed density of development. (5) That the design of the subdivision or the proposed improvements are likely to injure fish or wildlife or their habitat.
(6) That the design of the subdivision or the type of improvements is likely to cause serious public health problems.

Ordinance 23-Xx Page 3 of 4
(7) That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision.
(f) Except as otherwise provided in Government Code § 66452.6, the approval or conditional approval of a tentative subdivision map shall be for 36 months. Upon written application, time extensions in two year increments but not to exceed a total of six years, may be granted by the commission for a subdivision. Conditions may be added by the commission when granting a time extension to bring the tentative map into compliance with the latest city requirements. If a final map is not submitted within the allowed time, the tentative map shall be considered abandoned. (g) The planning commission or the city council may waive the provisions of this chapter and of Government Code § 66476 requiring disapproval of maps for failure to meet or perform state or local requirements of conditions when the failure of a map submitted for approval is the result of a technical and inadvertent error which in the determination of the planning commission or the city council does not materially affect the validity of the map. (h) Any interested person may appeal any action of the planning commission with respect to the tentative t map within ten days after such action to the city council in accordance with Government Code § 66562.”

5. Addition
The following Section 61 of Chapter 105 of Part II of the Ridgecrest Municipal Code is hereby added to read as follows:
“Section 105-61. - Extension
Upon application of a subdivider filed before the expiration of an approved or conditionally approved tentative map, the time at which the map expires pursuant to Section 105-60(f) may be extended by the Planning Commission for a period or periods not exceeding a total of six years. The period of extension specified in this Section shall be in addition to the period of time provided by Section 105-60(f). Before the expiration of an approved or conditionally approved tentative map, upon application by the subdivider to extend that map, the map shall automatically be extended for 60 days or until the application for the extension is approved, conditionally approved, or denied, whichever comes first. If the Planning Commission denies a subdivider’s application for an extension, the subdivider may appeal to the City Council within 15 days after the Planning Commission has denied the extension.

6. Effective Date.

This Ordinance shall go into effect thirty (30) days after the date of its adoption.

7. CEQA.

The adoption of this ordinance is not a "project" subject to the requirements of the California Environmental Quality Act (CEQA) (Public Resources Code Section §§ 21000 et seq.) as the minor amendments to the Code will not cause any potential changes to the environment.

Ordinance 23-Xx Page 4 of 4

8. Severability.

If any section, subsection, sentence, clause or phrase of this ordinance or the application thereof to any person or circumstance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this ordinance. The City of Ridgecrest would have passed each subsection, subdivision, paragraph, sentence, clause, or phrase thereof, irrespective of the fact that any one or more subsection, subdivision, paragraph, sentence, clause, or phrase be declared unconstitutional.

PASSED, APPROVED, AND ADOPTED by the Ridgecrest City Council on _________, 2023, by the following roll call vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_______________________________
Eric A. Bruen, Mayor
ATTEST:
_________________________________
Ricca Charlon, City Clerk
(Seal)