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
August 2, 2023
Closed Session 5:00 p.m.
Regular Session 6:00 p.m.
City Hall, Council Chambers
100 100 West California Avenue
Ridgecrest CA 93555
Ricca Charlon, CMC
City Clerk
[email protected]
(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.
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Call in for public comments:
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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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100 W. CALIFORNIA AVE. | RIDGECREST, CA 93555
Phone 760.499.5000 | Fax 760.499.1520
www.ridgecrest-ca.gov
NOTICE AND CALL OF A SPECIAL CLOSED SESSION MEETING OF THE
RIDGECREST CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY /
HOUSING AUTHORITY / FINANCING AUTHORITY
TO THE MEMBERS OF THE RIDGECREST CITY COUNCIL / SUCCESSOR
REDEVELOPMENT AGENCY / HOUSING AUTHORITY / FINANCING AUTHORITY, PUBLIC AND CITY CLERK:
PUBLIC NOTICE that a SPECIAL CLOSED SESSION MEETING of the Ridgecrest City Council/Successor Redevelopment Agency/Housing Authority/Financing Authority is hereby called on:
Wednesday, August 2, 2023 @ 5:00 p.m.
City Council Chambers
100 W. California Avenue
Ridgecrest, California
Said SPECIAL CLOSED SESSION MEETING shall be for the purpose of:
CONFERENCE WITH LEGAL COUNSEL – Potential Litigation - Gov. Code § 54959.9(b) - Three Cases
CONFERENCE WITH LEGAL COUNSEL - Existing litigation – Gov. Code § 54956.9 Todd v. Dilda & City of Ridgecrest Kern County Sup Court Case # BCV-23-101356 TCS CONFERENCE WITH LEGAL COUNSEL – Potential Litigation – Gov. Code § 54959.9(c) - One Case
Dated: July 27, 2023
Eric A. Bruen, Mayor / Chair
ATTEST:
Ricca Charlon, City Clerk
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RIDGECREST CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY
HOUSING AUTHORITY
AGENDA
Wednesday, August 2, 2023 Closed Session – 5:00 p.m.
Regular Session – 6:00 p.m.
CALL TO ORDER
• Roll call
APPROVAL OF AGENDA
PUBLIC COMMENT ON CLOSED SESSION
CLOSED SESSION
CONFERENCE WITH LEGAL COUNSEL – Potential Litigation - Gov. Code § 54959.9(b) Three Cases
CONFERENCE WITH LEGAL COUNSEL - Existing litigation – Gov. Code § 54956.9 Todd v. Dilda & City of Ridgecrest Kern County Sup Court Case # BCV-23-101356 TCS CONFERENCE WITH LEGAL COUNSEL – Potential Litigation – Gov. Code § 54959.9(c) One Case
REGULAR SESSION
• Pledge Of Allegiance
• Invocation
ATTORNEY REPORT OUT OF CLOSED SESSION
PRESENTATION
Placer.ai Strand
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.
1. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated July 19, 2023 Charlon
AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – August 2, 2023
2. A Resolution Of The City Council Of The City Of Ridgecrest Approving The Hiring Of A Retired Annuitant As Interim Police Chief For A Limited Duration Under Government Code Sections 7522.56(C) And 21221(G) Reed
3. A Resolution Of The City Council Of The City Of Ridgecrest Reenacting And Adopting A Position Description For Fleet Mechanic I Into The Classification Plan Reed
4. A Resolution Of The City Of Ridgecrest Designating An ADA Coordinator And Adopting Procedures In Compliance With The Americans With Disabilities Act Reed
5. Authorization For The City Manager, To Sign The Notice Of Completion; The City Clerk To File Said Notice Of Completion; And City Staff To Release Retention In The Amount Of Seventy- Four Thousand Five Hundred Eighty-Four Dollars And One Cent ($74,584.01) To The Contractor, Bowman Asphalt, Thirty (30) Days After Recordation For The Franklin Ave. Street Improvement Project Reed
6. Proposed Approval Of Increased Appropriations To The Fiscal Year 2022-2023 Budget For Gas Tax Fund-Streets Utilities Electric Reed
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 7/26/23
Infrastructure Committee
Members: Solomon Rajaratnam and Kyle Blades
Meeting: 4
th Thursday each month at 5:00 p.m.
Location: City Hall Council Chambers
➢ Report from 7/27/23
Parks, Recreation, and Quality of Life Committee
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1st Tuesday each month at 5:30 p.m.
Location: Kerr McGee Center Meeting Rooms
➢ Report from 8/1/23
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
➢ Next meeting 8/3/23
AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – August 2, 2023
Economic Development Committee
Members: Kyle Blades and Solomon Rajaratnam
Meeting: 1st Monday of the month @ 5:15 p.m.
Location: City Hall Council Chambers
➢ Next meeting 8/7/23
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
➢ Next meeting 8/8/23
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: Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated July 19, 2023
PRESENTED BY: Ricca Charlon, City Clerk
SUMMARY:
Draft Minutes of the City Council / Successor Redevelopment Agency / Housing Authority / Financing Authority Regular Meeting Dated July 19, 2023 FISCAL IMPACT: None
ACTION REQUESTED: Approve minutes
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: August 2, 2023 This Page Intentionally Left Blank
RIDGECREST CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY
HOUSING AUTHORITY
DRAFT MINUTES
Wednesday, July 19, 2023 Closed Session – 5:30 p.m.
Regular Session – 6:00 p.m.
Pursuant To California Government Code 54953 An Additional Call In Location Has Been Established For Council Member(s) Who Will Attend This Meeting Via Teleconference At 91 12th Street, Cayucos, CA 93430
This meeting was recorded and will be on file in the Office of the City Clerk for a certain period of time from date of approval by the Ridgecrest City Successor Agency/Financing Authority/Housing Authority.
Meetings are recorded solely for the purpose of preparation of minutes.
ROLL CALL – 5:30 p.m.
Council Present: Mayor Eric A. Bruen; Mayor Pro-Tem Solomon P. Rajaratnam; Vice Mayor Kyle Blades; Council Member L. Scott Hayman
Absent: Council Member Skip Gorman
Staff Present: City Attorney M. Koczanowicz; City Clerk Charlon; Captain Dampier; PW Director/Deputy City Manager Reed; Parks & Rec Director Wegener; Finance Director Cheri Freese
APPROVAL OF AGENDA
Motion To Approve - Rajaratnam - Hayman: 4 Ayes, 1 Absent (Gorman) 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 – POTENTIAL LITIGATION - Pursuant to Government Code § 54959.9(b) – One Case
CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION - Pursuant to Government Code § 54959.9(c) – One Case
REGULAR SESSION – 6:00 p.m.
ATTORNEY REPORT OUT OF CLOSED SESSION – No Reportable Action Taken
PRESENTATION
Waste Water Treatment Plant Update Strand Reed
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA – M. Sinnott; V. Brookman; T. Wiknich
DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – July 19, 2023
COUNCIL ANNOUNCEMENTS/DIRECTION
Mayor asked Travis to reach out to Wiknich re: WWTP questions Mayor Introduced April Moore, new SSUSD Superintendent
CONSENT CALENDAR
1. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council SPECIAL Meeting Dated July 10, 2023 Charlon
2. A Resolution to Approve the FY23-24 Rate Adjustment Request for Solid Waste Services Strand
3. Resolution Of The Ridgecrest City Council Authorizing The City Manager To Enter Into A Memorandum Of Agreement With Sierra Sands Unified School District For Law Enforcement Services (School Resource Officer Program) Dampier
4. Resolution Reaffirming and Approving the Annual Investment Policy Freese
5. A Resolution Approving The Project List For Fiscal Year 2023-2024 For The California State Of Good Repair (SGR) Program For The Following Project: Electric Transit Van Replacement Smith
6. Authorization For The City Manager, Ron Strand, To Sign The Notice Of Completion For The Replacement Of The Existing Partitions Located At The Kerr McGee Community Center, For The City Clerk To File The Notice Of Completion And For City Staff To Release Retention In The Amount Of $43,470.55 To The Contractor, Horizons Construction Company, Within Thirty (30) Days After Recordation Of The Notice Of Completion Wegener
7. Authorization For The City Manager, Ron Strand, To Sign The Notice Of Completion For The Painting Of The Caps On The City Hall And Kerr McGee Community Center, For The City Clerk To File The Notice Of Completion And For City Staff To Release Retention In The Amount Of $2,568.75 To The Contractor, KC Martin Construction, Within Thirty (30) Days After Recordation Of The Notice Of Completion Wegener
City Clerk mentioned to small changes:
• Item 6 change resolution from ‘replacing the flooring’ to ‘replacement of the partitions’ • Item 7 change NOC to state ‘KC Martin Construction’ not’ Bentley Flooring’ Items number 2 (Rajaratnam) & 3 (Blades) pulled
Motion To Approve Consent Calendar items 1, 4, 5, 6 as modified & 7 as modified- Blades - Hayman: 4 Ayes, 1 Absent (Gorman)
Item 2 – Rajaratnam explained his reading of the contract and that it does not mention the linking of the increase being related to performance.
• Public comment V. Brookman
• Mayor stated Waste Management will come to City Org Committee Aug 3rd then there will be another trash townhall – both to discuss performance issues Motion To Approve Consent Calendar Item 2-Hayman - Rajaratnam: 4 Ayes, 1 Absent (Gorman)
DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – July 19, 2023
Item 3 –Blades and Hayman recognized the value of the program • Public comment V. Brookman
Motion To Approve Consent Calendar Item 3-Blades - Rajaratnam: 4 Ayes, 1 Absent (Gorman)
DISCUSSION / ACTION ITEMS
8. Proposed Approval of Increased Appropriations to the Fiscal Year 2023-2024 Budget for the Human Resources/Risk Management Internal Service Fund (ISF) Freese • Rajaratnam commented the 5th whereas should be $200k not $150k, Freese agreed • Public comment - none
Motion To Approve as amended - Rajaratnam - Hayman: 4 Ayes, 1 Absent (Gorman)
9. Discussion And Proposed Action To Approve A Resolution Designating A Voting Member And Alternate(s) To Attend The League Of California Cities Annual Conference And Represent The City Of Ridgecrest Charlon
• Blades and Gorman attending conference in Sacramento
Motion To Approve Blades as Primary and Gorman as Secondary - Hayman – Rajaratnam: 4 Ayes, 1 Absent (Gorman)
10. Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) Hayman
11. A Resolution To Approve The Professional Service Agreement With Willdan Engineering For An Amount Not To Exceed $578,021 For Preliminary/Construction Engineering Services For The Affordable Housing Sustainable Communities Grant Project; And Authorize The City Manager To Sign The Agreement Reed
• Public comment – unknown caller
Motion To Approve - Blade - Rajaratnam: 4 Ayes, 1 Absent (Gorman)
PUBLIC HEARING
12. Public Hearing For Input To The City Council Regarding Request From Ridgecrest Area Convention And Visitors Bureau (RACVB) For Council’s Adoption Of A Resolution Of Intention To Renew The Ridgecrest Tourism Improvement District (RTID) 2023-2033 And Sunset The Existing One Attorney
• Opened public hearing @ 7:38 p.m.
• Attorney reviewed the staff report and request from the RACVB • Comments received – Patel, hotel owner, in favor of increase but wants to know how the increase helps all the hotels equally. Attorney responded City is a passthrough agency, City does not control the funds, the RACVB chooses how it will/can be spent.
• Closed public hearing @ 7:44 p.m.
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 6/28/23
DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – July 19, 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
➢ Report from 7/11/23
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 6/22/23 - canceled
➢ Next meeting 7/27/23
Economic Development Committee
Members: Kyle Blades and Solomon Rajaratnam
Meeting: 1st Monday of the month @ 5:15 p.m.
Location: City Hall Council Chambers
➢ Report from 7/3/23 - canceled
➢ Next meeting 8/7/23
Parks, Recreation, and Quality of Life Committee
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1st Tuesday each month at 5:30 p.m.
Location: City Hall Council Chambers
➢ Report from 7/4/23 – canceled
➢ Next meeting 8/1/23
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 7/6/23 – canceled
➢ Next meeting 8/3/23
OTHER COMMITTEES, BOARDS, OR COMMISSIONS
CITY MANAGER REPORT
FUTURE AGENDA ITEMS
• Mayor - IT Firewall and the use of remaining ARPA funds
MAYOR AND COUNCIL COMMENTS
ADJOURNMENT – 8:16 p.m.
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Of The City Council Of The City Of Ridgecrest Approving The Hiring Of A Retired Annuitant As Interim Police Chief For A Limited Duration Under Government Code Sections 7522.56(C) And 21221(G)
PRESENTED BY: Ronald Strand, City Manager
Summary
In April of 2023, Police Chief Jed McLaughlin went on medical leave and his return date is unknown.
I am requesting authorization to hire an Interim Police Chief to manage the day-to-day operations of the police department during his absence. Government code sections 7522.56(C) and 21221(G) allow the City to hire a retired annuitant for no more than 960 hours per year to fill the role of Interim Police Chief.
I have identified Michael Scott as a qualified candidate. Mr. Scott has 34 years of progressive law enforcement experience with his last two years as the police chief of a federal law enforcement department:
1983 – 2001 Ridgecrest Police Department / Police Officer, Detective, Sergeant 2001 – 2015 Kern County Sheriff’s Office / retired Lieutenant 2017 – 2019 Department of Defense US Navy Director of Force Protection (Chief of Police) China Lake Police Department-Civilian Federal Law Enforcement Agent (approximately 100 employees) on US Naval Installation.
If approved, Mr. Scott’s first day as Interim Police Chief will be August 14, 2023.
Finance Director Freese believes there will be sufficient funds in the police department budget from vacant positions to cover the cost of the Interim Police Chief position without an increase in appropriations.
Exhibit A – Scott Employment Agreement
FISCAL IMPACT: $72,691.20
ACTION REQUESTED: Adopt the Resolution.
CITY MANAGER’S RECOMMENDATION: Action as requested.
Submitted by: Ronald Strand Action Date: August 2, 2023 This Page Intentionally Left Blank
RESOLUTION NO. 23-xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIDGECREST
APPROVING THE HIRING OF A RETIRED ANNUITANT AS INTERIM POLICE
CHIEF FOR A LIMITED DURATION UNDER GOVERNMENT CODE SECTIONS 7522.56(C) AND 21221(G)
WHEREAS, in compliance with Government Code sections 7522.56(c) and 21221(g), the City of Ridgecrest (“CIty”) may employ a CalPERS retired annuitant if the person has skills needed to perform work of a limited duration due to a leave of absence; and, WHEREAS, Government Code section 21221(g) further requires the governing body of the City to adopt a resolution finding the subject position “to be available because of a leave of absence granted to a person on payroll status for a period not to exceed one year and found by the governing body to require specialized skills”, and for a copy of the resolution to be provided to CalPERS; and,
WHEREAS, Michael Scott is a retired annuitant and possesses extensive experience in a chief of police capacity and the specialized skill set to perform the required duties of Interim Chief of Police as further detailed in the Employment Agreement attached hereto as Exhibit “A”; and, WHEREAS, the City’s City Council desires to appoint Michael Scott as Interim Chief of Police for the City effective August 14, 2023 under Government Code sections 7522.56(c) and 21221(g) as an at-will, limited duration employee for the position of Interim Chief of Police, which is a position that requires specialized skills, due to a leave of absence granted to the permanent Chief of Police; and,
WHEREAS, the compensation paid to retired annuitant cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate; and, WHEREAS, the hourly rate paid to Michael Scott will be $75.72, which is the hourly rate of step 6 of the monthly salary for the Chief of Police position effective as of July 1, 2023; and, WHEREAS, Michael Scott has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIDGECREST, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
SECTION 1. The City Council certifies the nature of the appointment of Michael Scott as described herein and finds that this appointment is necessary to fill the critically needed position of Interim Chief of Police for the City of Ridgecrest, which is a position that requires specialized skills, for a period not to exceed one (1) year, and as further stated in the Agreement. The City Council further finds the position of Chief of Police “to be available because of a leave of absence granted to a person on payroll status” as required by Government Code section 21221(g).
SECTION 2. The City Council finds Michael Scott to have the requisite knowledge, specialized skills and abilities to lead the City’s police department on an interim and time-limited basis as Interim Chief of Police.
Resolution No. 2023-xx
SECTION 3. The City Council approves the appointment of Michael Scott as Interim Chief of Police and the Employment Agreement attached hereto as Exhibit “A” and authorizes the City Manager to execute said agreement.
SECTION 4. City staff is directed to report the appointment of Michael Scott to CalPERS and to provide CalPERS a copy of this resolution.
APPROVED AND ADOPTED this 2nd day of August, 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Eric Bruen, Mayor
ATTEST:
Ricca Charlon, CMC
City Clerk
CITY OF RIDGECREST
AT-WILL INTERIM CHIEF OF POLICE
EMPLOYMENT AGREEMENT
01005.0004/800906.3 Page 1 of 8
This AT-WILL INTERIM CHIEF OF POLICE EMPLOYMENT AGREEMENT (“Agreement”) is made by and between the CITY OF RIDGECREST (the “City”) and Michael Scott (“Employee”). The City and Employee may be referred to individually as a “Party” or collectively as “the Parties.”
R E C I T A L S
WHEREAS, in compliance with Government Code sections 7522.56(c) and 21221(g), the City may employ a CalPERS retired annuitant if the person has skills needed to perform work of a limited duration due to a leave of absence granted to a person on payroll status; and WHEREAS, Government Code section 21221(g) requires the governing body of the City to adopt a resolution finding the subject position to be available due to a leave of absence granted to a person on payroll status for a period not to exceed one year and found by the governing body to require specialized skills, and for a copy of the resolution to be provided to CalPERS; and WHEREAS, Employee is a retired annuitant and possesses extensive experience in a chief of police capacity and the specialized skill set to perform the required duties of Interim Chief of Police, desires to perform the duties of and assume responsibility for the position of Interim Chief of Police, and acknowledges that such employment is at-will and of a limited duration for a definite period of time, as described in this Agreement; and, WHEREAS, pursuant to Ridgecrest Municipal Code §2.08.050, the City Manager has the duty to appoint heads of departments; and,
WHEREAS, the position of Chief of Police serves as the department head for the City’s police department; and,
WHEREAS, the City desires to hire Employee effective August 14, 2023 as an at-will, limited duration employee for the position of Interim Chief of Police, which is a position that requires specialized skills, for a definite period of time while the permanent Chief of Police is on a leave of absence; and,
WHEREAS, the Parties wish to establish the terms and conditions of Employee’s services to the City, as described in this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, City and Employee hereby agree as follows:
A G R E E M E N T
Section 1: TERM
The term of this Agreement shall commence on August 14, 2023 and shall automatically terminate on August 14, 2024 unless terminated prior to this date by either Party (the “Term”).
Additionally, this Agreement shall automatically terminate upon the return from leave of absence by the City’s permanent Chief of Police. In no event shall the Term exceed the 960-hour per fiscal year limit under Government Code subdivision 7522.56(d); in the event Employee works 960 hours during the Term of this Agreement, then this Agreement shall terminate automatically.
August 14, 2023 shall be Employee’s “Hire Date” for purposes of this Agreement.
Section 2: DUTIES, RESPONSIBILITIES, AND WORK HOURS
A. Employee shall be appointed to the position of Interim Chief of Police for the City’s police department, the duties of which are described generally in Government Code sections 41601- 41612 and are set forth fully in Exhibit “A” to this Agreement. Employee acknowledges the position of Interim Chief of Police requires specialized skills and expert professional services for a definite period of time, as described above in Section 1 of this Agreement.
B. It is recognized Employee is expected to engage in the hours of work that are generally necessary to fulfill the obligations of the position, must be available at all times, and may be required to devote time outside the normal office hours to the business of the City.
Employee acknowledges proper performance of the duties of Interim Chief of Police may require Employee to observe normal business hours, as set by the City, as well as attend City Council meetings. However, Employee shall not work more than 40 hours per week without the prior written authorization of the City Manager.
C. All data, studies, reports, and other documents prepared and/or reviewed by Employee while performing his duties during the Term of this Agreement shall be furnished to and become the property of the City, without restriction or limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other materials either created by or provided to Employee in connection with the performance of this Agreement shall be held confidential by Employee to the extent permitted by applicable law. Such materials, without the prior written consent of the City Manager or his designee, shall not be used by Employee for any purpose other than the performance of his duties. Nor shall such materials be disclosed to any person or entity not connected with the performance of services under this Agreement, except as required by law.
Section 3: COMPENSATION/ BENEFITS PROHIBITED
A. The City agrees to compensate Employee on an hourly basis at the hourly rate of $75.72, which is the hourly rate of step 6 of the monthly salary for the Chief of Police position effective as of July 1, 2023 ($13,126.33).
B. Employee shall not be eligible for any other benefits, incentives, compensation in lieu of benefits, or any other forms of compensation in addition to the hourly rate except for the above hourly rate and workers’ compensation.
C. Employee shall be provided a City vehicle as assigned to the Chief of Police, not as a benefit, but for use in providing the services hereunder. Employee understands that any applicable taxes are his responsibility to pay and not covered by the City. Additionally, Employee shall be provided any business equipment assigned by the City to the Chief of Police for business use.
Section 4: RESIGNATION/TERMINATION
A. Employee may resign at any time; provided, however, Employee shall reasonably provide the City Manager with at least two (2) weeks advance written notice.
B. Employee is an at-will employee and serves at the will and pleasure of the City Manager and may be terminated at any time, with or without cause, and with or without notice, at any time by the City Manager, subject to Section 4(C) below.
C. In accordance with the Public Safety Officers Bill of Rights, Government Code sections 3300 et seq., including Section 3304(c), Employee shall not be terminated except by virtue of the expiration of this Agreement, exhaustion of his CalPERS 960 hour per fiscal year limit, or because of the City's permanent Chief of Police return from leave of absence, without written notice and the reason(s) therefor, as well as the opportunity for an administrative appeal.
The removal of Employee by the City, for the purpose of implementing the goals or policies, or both, of the City, for reasons including, but not limited to, incompatibility of management styles or as a result of a change in administration, shall be sufficient to constitute reason or reasons within the meaning of this Agreement and Government Code section 3304(c). Nothing in this Section shall be construed to create a property interest in Employee's job as Interim Chief of Police. In the event Employee is terminated by virtue of the expiration of this Agreement, CalPERS hours limitations, or the return of the permanent Chief of Police, he shall not be entitled to written notice or an administrative appeal of his termination.
D. After notice of resignation or termination, Employee shall cooperate with the City, as requested by the City, to affect a transition of Employee’s responsibilities and duties and to ensure that the City is aware of all matters being handled by Employee.
E. Employee shall not be entitled to severance pay and Employee expressly waives any and all rights with respect to severance pay.
Section 5. NOTICES
Notices required to be served pursuant to this Agreement shall be served in person or by first-class U.S. mail addressed as follows:
City
City Manager
City of Ridgecrest
100 West California Ave
Ridgecrest CA 93555
Employee
Michael Scott
Address on file with the City
Section 6: GENERAL TERMS AND CONDITIONS
The General Terms and Conditions of this Agreement are described as follows:
A. Indemnification. To the extent mandated by the California Government Code, the City shall defend, hold harmless, and indemnify Employee against any tort, professional liability, claim or demand, or other legal action arising out of an alleged act or omission occurring in the performance of Employee’s services under this Agreement. This section shall not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope of Employee’s employment, or any other intentional or malicious conduct or gross negligence of Employee.
B. Entire Agreement. The text of this Agreement shall constitute the entire and exclusive agreement between the Parties regarding the subject matter hereof. All prior oral or written communications, understandings, or agreements between the Parties not set forth herein shall be superseded in total by this Agreement. No amendment or modification to this Agreement may be made except by a written agreement signed by the Employee and the City Manager and approved as to form by the City Attorney.
C. Assignment. This Agreement is not assignable by either the City or Employee.
D. Severability. In the event any provision of this Agreement is finally held or determined to be illegal or void by a court having jurisdiction over the Parties, the remainder of this Agreement shall remain in full force and effect unless the parts found to be illegal or void are wholly inseparable from the remaining portions of this Agreement.
E. Effect of Waiver. The failure of either Party to insist on strict compliance with any of the terms, covenants, or conditions in this Agreement by the other Party shall not be deemed a waiver of that term, covenant, or condition, nor shall any waiver or relinquishment of any right or power at any one time or times be deemed a waiver or relinquishment of that right or power for all or any other time or times.
F. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of California, which are in full force and effect as of the date of execution. Any action to interpret or enforce the terms of this Agreement shall be held exclusively in a state court in Kern County, California. Employee expressly waives any right to remove any such action from Kern County.
G. Effective Date. This Agreement shall not become effective until the later of the following to occur: i) August 14, 2023 or ii) the date on which the Agreement has been executed by both Employee and the City Manager.
H. Effect of Agreement on Employee’s CalPERS Retirement Benefits. The City makes no representation on the impact, if any, this Agreement shall or may have upon his CalPERS retirement benefits, status, duties, and/or obligations. Employee acknowledges that in entering into this Agreement, he has not relied upon any such representations (none of which being in existence) in assessing the CalPERS-related impact of his employment. Therefore, Employee releases the City from any and all CalPERS-related claims or liabilities that may arise in connection with his employment pursuant to this Agreement.
I. No Unemployment Insurance Benefits Received By Employee. Employee expressly certifies and warrants to the City that he has not received any unemployment insurance payments for retired annuitant work for any public employer within the 12 months prior to his appointment date.
J. Compliance With 960 Hours Per Fiscal Year Limit. Employee further certifies and warrants to the City his anticipated work schedule of 40 hours per week or less will not cause him to exceed the 960 hours per fiscal year limit pursuant to Government Code subdivision 7522.56(d), including work for any other CalPERS employer during the current fiscal year.
K. Conflicts Prohibited. During the term of this Agreement, Employee shall not engage in any business or transaction or maintain a financial interest which conflicts, or reasonably might be expected to conflict, with the proper discharge of Employee’s duties under this Agreement. Employee shall comply with all requirements of law, including but not limited to, Sections 1090, 1125, and 87100 et seq. of the Government Code, and all other similar statutory and administrative rules.
L. Independent Legal Advice. The City and Employee represent and warrant to each other that each has received legal advice from independent and separate legal counsel with respect to the legal effect of this Agreement or has had the opportunity to do so, that each has carefully reviewed this entire Agreement, that each and every term thereof is understood, and that the terms of this Agreement are contractual and not a mere recital. This Agreement shall not be construed against the Party or its representatives who drafted it or who drafted any portion thereof.
M. Government Code §§ 53243 - 53243.4. Government Code §§ 53243 - 53243.4 sought to provide greater transparency in local government and institute certain limitations on compensation paid to local government executives. Those statutes also require contracts between local agencies and its employees include provisions requiring an employee who is convicted of a crime involving an abuse of his office or position to provide reimbursement to the local agency.
Those statutes are incorporated herein by reference. Accordingly, the Parties agree it is their mutual intent to fully comply with the cited Government Code sections and all other applicable law as it exists as of the date of execution of this Agreement and as such laws may be amended from time to time thereafter. Specifically, the following Government Code sections are called out and hereby incorporated by this Agreement:
§53243. Reimbursement of paid leave salary required upon conviction of crime involving office or position.
§53243.1. Reimbursement of legal criminal defense upon conviction of crime involving office or position.
§53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position.
§53243.3. Reimbursement of non-contractual payments upon conviction or crime involving office or position.
§53243.4. “Abuse of office or position” defined.
Employee represents Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any of these provisions are applicable to Employee. [SIGNATURE PAGE FOLLOWS ON PAGE 7]
IN WITNESS WHEREOF, the City of Irwindale has caused this Agreement to be signed and executed on its behalf by its City Manager, and approved as to form by the City Attorney, and executed by the Employee.
CITY OF RIDGECREST,
Dated: ___________________________ __________________________________ Ronald Strand
City Manager
Approved as to form:
Dated: ___________________________ ___________________________________ Martin D. Koczanowicz
City Attorney
EMPLOYEE,
In signing this Agreement, Employee understands and agrees that he is an at-will employee and his rights to employment with the City are governed by the terms and conditions of this Agreement rather than the ordinances, resolutions, and policies of the City, which might otherwise apply to classified or other employees of the City. Employee further acknowledges he was given the opportunity to consult with an attorney prior to signing this Agreement.
Dated: ___________________________ Signed: ____________________________ Michael Scott
Employee
01005.0004/800906.3 8 of 8
EXHIBIT A
(Job Description)
CHIEF OF POLICE
CHEIFPOLICE.SPC
CITY OF RIDGECREST Date Adopted: 9/21/2016
CHIEF OF POLICE
DEFINITION
Under general direction, plans, directs and coordinates the activities of the Police Department; implements policies and establishes procedures related to crime prevention, law enforcement, and related community services; develops and administers the department budget; establishes and maintains liaison to the public; serves as a member of the City's management team; performs related duties as required.
ESSENTIAL FUNCTIONS
These functions may not be present in all positions in multiple position classes. When a position is to be filled, the essential functions will be noted in the announcement of position availability.
Plans, directs, and coordinates the maintenance of law and order, the protection of life and property, the regulation of traffic, as well as the apprehension, arrest, and detention of law violators.
Analyzes operational and service demands and develops comprehensive plans to satisfy future needs for department services; confers with legal advisors, citizens, and City officials on law enforcement problems; develops and implements municipal law enforcement policies and procedures.
Directs and administers the budget for the Police Department; analyzes department needs and requests from supervisory staff; prepares budget request justifications and discusses same with the City Manager and elected officials as appropriate..
Advises and otherwise assists the City Manager, City Council, other City personnel, and the public regarding law enforcement, crime prevention and other programs and services provided by the department..
Coordinates municipal law enforcement activities with those of other agencies.
Monitors department daily activities and operations and directs same through subordinates. Conducts field inspections of police operations and locations which might engender criminal activity or traffic problems.
Prepares monthly activity reports, special reports on police or traffic issues, and various other written communications.
Selects department employees; plans and organizes work; develops and establishes work methods and standards; directs staff training and development; reviews and evaluates employee performance; recommends or executes disciplinary action.
CHIEF OF POLICE
CHEIFPOLICE.SPC
Represents the City, or delegates such authority, in relations with the community, advisory committees, other local, state, and federal agencies, and professional organizations.
QUALIFICATIONS
Education and/or Experience
Any combination of formal and informal education and experience that would demonstrate the knowledge, skills and abilities as outlined above is qualifying. A typical way to obtain the knowledge and skills is: A Bachelor’s degree from an accredited college or university with major course work in police science, criminology, public administration, or a related field is required. A master's degree in a related field is desirable; and five years of progressively responsible supervisory and management experience in law enforcement which includes experience in all major phases of crime prevention, law enforcement, and police department administration.
Knowledge, Skills, and Abilities
Extensive knowledge of law enforcement principles, practices, and techniques; causes, prevention, and control of delinquency; traffic enforcement and education; rules of evidence, rights of citizens and prisoners, laws pertaining to search, seizure, and arrest; court procedures; supervisory and public relations techniques; interagency communication and assistance techniques and practices. Thorough knowledge of municipal organization and administration; principles and practices of police administration; patrol methods, criminal investigation and identification techniques; physical layout and composition of the City including special law enforcement problems. Considerable knowledge of administrative procedures and techniques; Vehicle and Penal Codes; personnel and disciplinary processes. Ability to plan, direct, and coordinate department services; analyze unusual situations and resolve through application of City policy and requisite knowledge; think clearly and act effectively in emergency situations; direct the effective maintenance of department firearms and equipment; prepare and present reports; provide liaison to the public; communicate effectively both verbally and in writing; establish and maintain cooperative working relationships; supervise assigned staff.
Special Requirements
Possession of or ability to obtain a Class C California driver's license and a satisfactory driving record. Possession of a POST Advanced Certificate.
PHYSICAL PROFILE: Category I; 4,7,12.
GRADE-950
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Of The City Council Of The City Of Ridgecrest Reenacting And Adopting A Position Description For Fleet Mechanic I Into The Classification Plan PRESENTED BY: Travis Reed, Director of Public Works
SUMMARY:
The City Council in its adoption of the Fiscal Year 2023-2024 budget, adopted a classification plan that governs approved position descriptions for the City. This plan requires that the City Council authorize the adoption of new position descriptions prior to opening the position for employment purposes. Currently, the Fleet Mechanic I position was not being utilized, and was removed at a previous time for the classification list.
With the recent promotion of the Fleet Mechanic II to Public Works Supervisor, and the addition of another mechanic position through this year’s budget, it became apparent that we needed to bring the Fleet Mechanic I classification back, prior to advertising for the two now vacant mechanic positions.
Current Fleet staffing levels:
Fleet Mechanic III -0
Fleet Mechanic II -0
Fleet Mechanic I -0
Currently, Fleet has two (2) open positions with a budget for a Fleet Mechanic II and III Proposed Fleet Staffing levels:
Any Combination of a Fleet Mechanic I and Fleet Mechanic II. Staff will keep funding in line with the approved and adopted budget.
The Fleet Mechanics will report directly to the Public Works Supervisor.
It is recommended that this resolution be adopted authorizing the adoption of the Fleet Mechanic I position description into the City’s current classification plan.
FISCAL IMPACT: No Direct Impact, just allowing flexibility within the department.
ACTION REQUESTED: Adopt the resolution approving the Fleet Mechanic I Position.
CITY MANAGER / EXECUTIVE DIRECTOR RECOMMENDATION: Action as requested Submitted by: Travis Reed Action Date: August 2, 2023
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RESOLUTION NO. 23-Xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
RIDGECREST REENACTING AND ADOPTING A POSITION
DESCRIPTION FOR FLEET MECHANIC I INTO THE CLASSIFICATION PLAN
WHEREAS, The City Council of the City of Ridgecrest (hereafter referred to as the “City Council”) has, by previous resolution adopted a classification plan that governs approved position descriptions, and;
WHEREAS, this plan requires that the City Council authorize the adoption of new position descriptions prior to opening the position for employment purposes, and; WHEREAS, the City Council in its adoption of the Fiscal Year 2023 - 2024 budget did not approved funding for a Fleet Mechanic I position, and; WHEREAS, the Fleet Mechanic I position, will not constitute the addition of personal, other than those previously approved during the budget hearing; and, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest authorize the adoption of the Fleet Mechanic I position description into the City’s current classification plan as outlined in Exhibit A.
APPROVED AND ADOPTED THIS 2
nd day of August 2023, by the following vote.
AYES:
NOES:
ABSTAIN:
ABSENT:
Eric Bruen, Mayor
ATTEST:
Ricca Charlon, City Clerk
pg. 1
City of Ridgecrest Date Adopted: 02/04/2009
Fleet Mechanic I
CLASS SUMMARY:
Under direct supervision, maintains, repairs and overhauls heavy and light trucks, construction equipment, automobiles, fire vehicles, police vehicles, small gasoline engines and similar equipment; operates basic hand, power and shop tools.
REPRESENTATIVE DUTIES:
The following typical tasks and responsibilities are representative of all positions of the class.
They are descriptive, not limiting.
Essential Duties:
• Diagnoses and performs repairs to engines, involving inspection and replacement of broken or worn parts such as pistons, piston rings, valves, bearings, fittings, wrist pins, gaskets, etc.
• diagnoses and repairs, cleans, adjusts and installs fuel, ignition, electrical and cooling systems involving repair and replacement of such parts as carburetors and fuel pumps, starter motors, distributors, generators, voltage regulators, wiring switches, batteries, and radiators, thermostats, water pumps, etc.
• Diagnose repairs and overhauls power transmission systems including such parts as clutches, automatic and standard transmissions, differential units, gears, bearing, universal joints and hydraulic units.
• Diagnoses, repairs, and adjusts steering mechanisms and other controls, checking and aligning wheels.
• Repairs vehicle body and chassis parts, using hand and power tools, electric arc and oxyacetylene welding equipment. • Road tests vehicles; drives trucks or equipment as required; inspects vehicles in the shop and field.
• Diagnoses engine electronic computer using diagnostic scope; smog checks and certifies vehicles.
• Diagnoses and performs electrical, hydraulic and other repairs in the field. • Performs preventive maintenance work on fire and police equipment, construction equipment, heavy trucks, street sweepers, automobiles, light trucks and other equipment. • Reads and interprets manuals, drawings and specifications. • Maintains and repairs small gasoline engines and similar equipment found on mowers, chain saws, etc.
• Completes forms and keeps accurate maintenance records. • Diagnoses, repairs and maintains vehicle air brakes, hydraulic systems and associated power take-off equipment.
• Modifies and fabricates new parts for truck bodies and similar equipment. • Installs and repairs power take-off equipment such as small electric cranes, hoists and small hydraulic lift equipment.
pg. 2
• Performs welding work of vehicles, equipment and tools; fabricates metal parts for vehicles, equipment, tools, plates, grates, rubbish bins, etc. • Straightens and repairs bent vehicles, equipment, and tools. • Fabricates and installs bumpers, tow bars, ladder racks, toolboxes, pipe railings, etc. • reads and interprets blueprints, sketches, and rough drawings • ensures proper safety precautions are observed
• performs preventive maintenance and service work, including tune-ups, checking and replenishing fluid levels, replacing hoses, belts, batteries, wiper blades, bulbs, lamps • May clean vehicles.
MINIMUM QUALIFICATIONS:
Knowledge of:
• Methods, techniques, parts, tools and materials used in the maintenance and repair of diesel and gasoline-powered vehicles and equipment; operation and maintenance of basic hand, power and shop tools and equipment common to the field • safe work methods and safety regulations pertaining to work • use and operation of oxyacetylene and electric arc welding equipment and materials • Practices and procedures of shop and field welding; welding properties of various metals and alloys.
• Ability to:
• Diagnose and repair, with some direction, a wide variety of diesel and gasoline-powered vehicles and equipment and related components
• operate and maintain basic hand, power and shop tools and equipment used in the work • understand and follow oral and written instructions
• prepare basic records and reports
• read and interpret manuals, specifications and drawings • calculate shop mathematics
• Establish and maintain effective working relationships with those encountered in the course of the work.
Training and Experience:
A typical way of obtaining the knowledge, skills, and abilities outlined above is Three years of experience in the maintenance and repair of vehicles or heavy construction equipment.
Successful completion of appropriate trade school or technical course work in diesel or gasolinepowered mechanics may be substituted for up to one year of the required work experience.
Licenses, Certificates or Special Requirements:
Possession of a valid Class "C" California driver's license. A Class "B" California driver's license must be obtained within the six-month probationary period. Some positions may be required to possess a valid Class “A” smog license. May require certain State certifications or licenses as needed to perform job duties. Must provide own tools as per established guidelines. pg. 3
Physical Conditions or Special Working Conditions:
Must possess sufficient strength and stamina to lift and remove or install parts weighing up to 80 pounds. Must be willing to work outdoors in all weather conditions and to work in confined areas, from heights, and with exposure to unpleasant and potentially hazardous conditions.
DISTINGUISHING CHARACTERISTICS:
Fleet Mechanic I is the entry-level class in the Fleet Mechanic series. Under direct supervision, incumbents learn and perform a variety of duties in the maintenance and repair of a wide variety of motorized equipment. Fleet Mechanic I and II are differentiated in that Fleet Mechanic I is a journey level automotive mechanic while Fleet Mechanic II is a journey level fleet mechanic in the maintenance and repair of a wide variety of municipal equipment such as refuse, fire and heavy construction equipment.
Physical Profile: II,2,3,4,6,8,12,13,14,15,16,17,18,19,20 GRADE: 243
FLEETMECHI.SPC
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Of The City Of Ridgecrest Designating An ADA Coordinator And Adopting Procedures In Compliance With The Americans With Disabilities Act PRESENTED BY: Travis Reed, Deputy City Manager
SUMMARY:
The Americans with Disabilities Act of 1990 ("ADA") provides civil rights protection to individuals with disabilities. The ADA guarantees equal opportunity for individuals with disabilities in public accommodations, employment, transportation, state and local government services, and telecommunications.
Title II of the ADA prohibits state and local governments from discriminating against individuals with qualified disabilities in the receipt of benefits and access to programs, services and activities. The ADA requires that cities with more than 50 employees adopt a grievance procedure to resolve ADA complaints.
According to Federal regulation 28 CFR 35.107 requires that local governments with 50 or more employees adopt and publish a procedure for resolving grievances arising under Title II of the ADA. A grievance procedure must provide a system for resolving complaints in a prompt and fair manner.
The City of Ridgecrest has a primary interest in ensuring that the rights of individuals with disabilities are protected, and that barriers preventing individuals with disabilities from fully participating are removed.
Federal regulations require that any grievance procedure designed to resolve complaints alleging a violation of the ADA include all of the following:
1. A description of how to file a complaint and where to file a complaint;
2. A statement notifying potential complainants that alternative means of filing will be available to people with disabilities who require such an alternative;
3. A description of the time frames and processes to be followed by the complainant and the local agency;
4. Information regarding how to appeal an adverse decision; and
5. A statement regarding how long complaint files will be retained by the local agency.
The City's grievance procedure Rule XVII is part of our Personnel Policies. The proposed updates will bring the City's procedures into compliance with updated federal standards for response times and will remove outdated gender and personnel references.
FISCAL IMPACT: There will be no direct financial impact created by the adoption of the grievance procedure. Adoption of the grievance procedure, however, may result in the use of staff time in order to conduct investigations of complaints. Resolution of complaints may also result in some financial impact.
ACTION REQUESTED:
1. Authorizes the Deputy City Manager/Public Works Director to be the ADA Coordinator; and
2. Approve A Resolution Updating the City's Grievance Procedure Originally Adopted by Resolution No. 8043 to Address Complaints Alleging Violations of the Americans with Disabilities Act of 1990.
CITY MANAGER’S RECOMMENDATION: Action as Requested
Submitted by: Travis Reed Action Date: Aug. 2. 2023
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RESOLUTION NO. 23-Xx
A RESOLUTION OF THE CITY OF RIDGECREST DESIGNATING AN ADA
COORDINATOR AND ADOPTING PROCEDURES IN COMPLIANCE WITH THE
AMERICANS WITH DISABILITIES ACT
WHEREAS, the United States Congress enacted the Americans with Disabilities Act of 1990 (ADA) to prevent discrimination of the physically and mentally disabled in the areas of employment and access to public facilities, and,
WHEREAS, In compliance with Title II of the ADA, the City of Ridgecrest is required to name an ADA Coordinator, adopt a grievance procedure to resolve complaints alleging violations of Title II of the ADA, and to post a notice reflecting this information, and, WHEREAS, The City of Ridgecrest designates and appoints Travis Reed as the ADA Coordinator, to show its commitment to the principles and requirements of the federal law, and, WHEREAS, It is becoming increasingly important to document compliance measures adopted on the local level in order to continue to be qualified for federally related grants and programs, the intent and purpose of this Resolution is to update our existing procedures in compliance with the ADA throughout the City.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest hereby:
Section 1. The Deputy City Manager/Public Works Director is designated the ADA Coordinator for the City of Ridgecrest.
Section 2. The attached Notice under the Americans with Disabilities Act, and the policy statements contained therein, are hereby adopted as the official policy and Notice of the City of Ridgecrest.
Section 3. The attached Grievance Procedure under the Americans with Disabilities Act is hereby adopted as the grievance procedure to address complaints alleging discrimination on the basis of disability in the provision of services, programs and/or benefits by the City of Ridgecrest.
Section 4. The administration is directed to post the name, address and contact information of the ADA Coordinator, the Notice designated in Section 2, and the Grievance Procedure designated in Section 3, on the City’s website and at other locations as deemed appropriate from time to time.
APPROVED AND ADOPTED this 2
nd day of August 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_____________________________
Eric Bruen, Mayor
ATTEST:
Ricca Charlon, City Clerk
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Notice under the Americans with Disabilities Act (ADA)
In accordance with the requirements of Title II of the Americans with Disabilities Act of 1990 ("ADA"), the City of Ridgecrest will not discriminate against qualified individuals with disabilities on the basis of disability in its services, programs, or activities.
Employment: The City of Ridgecrest does not discriminate on the basis of disability in its hiring, or employment practices and complies with all regulations promulgated by the U.S. Equal Employment Opportunity Commission under Title I of the ADA.
Effective Communication: The City of Ridgecrest will generally, upon request, provide appropriate aids and services leading to effective communication for qualified persons with disabilities so they can participate equally in the City of Ridgecrest’s programs, services, activities, etc. Including qualified sign language interpreters, documents in Braille, upon request, and other ways of making information and communications accessible to people who have speech, hearing, or vision impairments.
Modifications to Policies and Procedures: The City of Ridgecrest will make reasonable modifications to policies and programs to ensure that people with disabilities have an equal opportunity to enjoy all of its programs, services, and activities. For example, individuals with service animals are welcomed in City of Ridgecrest’s offices, even where pets generally are prohibited.
Anyone who requires an auxiliary aid or service for effective communication, or a modification of policies or procedures to participate in a program, service, or activity of the City of Ridgecrest, should contact the City’s Human Resources Division at (760) 499-5024 as soon as possible but no later than 48 hours before the scheduled event.
ADA does not require the City of Ridgecrest to take any action that would fundamentally alter the nature of its programs or services, or impose an undue financial or administrative burden, but the City is committed to helping all citizens enjoy programs offered.
Complaints that a program, service, or activity of the City of Ridgecrest is not accessible to persons with disabilities should be directed to the City’s Human Resources Division at (760) 499-5024.
The City of Ridgecrest will not place a surcharge on a particular individual with a disability or any group of individuals with disabilities to cover the cost of providing auxiliary aids/services or reasonable modifications of policy, such as retrieving items from locations that are open to the public but are not accessible to persons who use wheelchairs.
Any persons interested in participating in the City’s self-evaluation process may submit comments for review, or submit a “Report an ADA issue” questionnaire which is located on our website. If additional questions arise Please contact the Human Resources Administrator at (760) 499-5024.
Grievance Procedure under the Americans with Disabilities Act This Grievance Procedure is established to meet the requirements of the Americans with Disabilities Act of 1990 ("ADA"). It may be used by anyone who wishes to file a complaint alleging discrimination on the basis of disability in the provision of services, activities, programs, or benefits by the City of Ridgecrest (City). This procedure shall not be used for complaints regarding private entities (businesses or commercial facilities). The City does not enforce the ADA, or mediate accessibility disputes related to private entities. The City’s Personnel Policy governs employment-related complaints of disability discrimination.
The complaint should be in writing and contain information about the alleged discrimination such as name, address, phone number of complainant and location, date, and description of the problem. Alternative means of filing complaints, such as personal interviews or a tape recording of the complaint, will be made available for persons with disabilities upon request.
The complaint should be submitted by the grievant and/or his/her designee as soon as possible but no later than 60 calendar days after the alleged violation to:
Human Resources Division
100 W. California Ave
Ridgecrest, CA 93555
Within 15 calendar days after receipt of the complaint, a City representative will meet with the complainant to discuss the complaint and the possible resolutions. Within 15 calendar days of the meeting, a city representative will respond in writing, and where appropriate, in a format accessible to the complainant, such as large print, Braille, or audio tape. The response will explain the position of the City and offer options for substantive resolution of the complaint.
If the response by a City representative does not satisfactorily resolve the issue, the complainant and/or his/her designee may appeal the decision within 15 calendar days after receipt of the response to the appropriate high-level official or his/her designee.
Within 15 calendar days after receipt of the appeal, the appropriate high-level official or his/her designee will meet with the complainant to discuss the complaint and possible resolutions. Within 15 calendar days after the meeting, the appropriate high-level official or his/her designee will respond in writing, and, where appropriate, in a format accessible to the complainant, with a final resolution of the complaint.
All written complaints received by a City representative, appeals to the appropriate high-level official or his/her designee, and responses from office will be retained by the City for at least three years.
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Authorization For The City Manager, To Sign The Notice Of Completion; The City Clerk To File Said Notice Of Completion; And City Staff To Release Retention In The Amount Of Seventy- Four Thousand Five Hundred Eighty-Four Dollars And One Cent ($74,584.01) To The Contractor, Bowman Asphalt, Thirty (30) Days After Recordation For The Franklin Ave. Street Improvement Project PRESENTED BY: Travis Reed, Deputy City Manager
SUMMARY: The Contractor, Bowman Asphalt has finished the project that consisted of street re-construction and maintenance for the Franklin Ave. Improvement Project as of April 21, 2023. The project accounting is as follows:
Description Amount
Original Contract $1,393,102.00
Contingency $139,310.20
Total Construction Allocation $1,532,412.20
Change Orders $42,540.00
Quantity Adjustments $56,038.00
Total Construction Cost $1,491,680.11
Construction over/under Budget ($40,731.91)
Percentage (over/under) (2.7%)
Project PE/CE/CM Allocation $146,880.00
PE/CE/CM Cost $112,420.88
Total Project Allocation $1,679,292.20
Total Project Spending $1,604,100.99
Project Percentage (over/under) Budget (4.5%)
With the work completed and, with the exception of retention, $74,584.01; the Contractor, Bowman Asphalt has been paid in full.
City Staff will authorize the release of retention within thirty (30) days of the filing of the Notice of Completion, so long as no claims have been filed against the retained funds and the City of Ridgecrest has accepted all work.
FISCAL IMPACT: The retention amount of seventy-four thousand five hundred eighty-four dollars and one cent ($74,584.01) is within the original contract allotment of $1,532,412.20. There are no further adjustments necessary.
ACTION REQUESTED:
1. Authorizes the City Manager to sign the Notice of Completion; and
2. Authorizes the City Clerk to file the Notice of Completion for recordation; and
3. Authorizes City Staff to release retention of $74,584.01 to the Contractor, Bowman Asphalt within thirty (30) days of recordation of the Notice of Completion, provided no claims have been filed against said retained funds.
CITY MANAGER’S RECOMMENDATION: Action as Requested
Submitted by: Travis Reed Action Date: August 2, 2023
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RESOLUTION NO. 23-Xx
AUTHORIZATION FOR THE CITY MANAGER, TO SIGN THE NOTICE OF COMPLETION; THE CITY CLERK TO FILE SAID NOTICE OF COMPLETION; AND CITY STAFF TO RELEASE RETENTION IN THE AMOUNT OF SEVENTYFOUR THOUSAND FIVE HUNDRED EIGHTY-FOUR DOLLARS AND ONE CENT ($74,584.01) TO THE CONTRACTOR, BOWMAN ASPHALT, THIRTY (30) DAYS AFTER RECORDATION FOR THE FRANKLIN AVE. STREET
IMPROVEMENT PROJECT
WHEREAS, The Contractor, Bowman Asphalt has finished the project consisting of street re-construction and maintenance on April 21, 2023 for the Franklin Ave. Improvement Project; and,
WHEREAS, With the work being completed, the contractor, Bowman Asphalt has been paid in full with the exception of the retained amount, seventy-four thousand five hundred eightyfour dollars and one cent ($74,584.01); and, WHEREAS, The retention amount is within the original contract amount of $1,532,411.00; and,
WHEREAS, The City Staff will authorize release of retention thirty (30) days from the filing of the Notice of Completion, so long as no claims have been filed against the retained funds and the City of Ridgecrest has accepted all work.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest hereby:
1. Authorizes the City Manager to sign the Notice of Completion; and
2. Authorizes the City Clerk to file the Notice of Completion for recordation for the Franklin Ave. Improvement project; and
3. Authorizes City Staff to release retention in the amount of seventy-four thousand five hundred eighty-four dollars and one cent ($74,584.01) to Bowman Asphalt within thirty (30) days after recordation of the Notice of Completion provided no claims have been filed against said retained funds.
APPROVED AND ADOPTED this 2
nd day of August 2023 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Eric Bruen, Mayor
ATTEST:
Ricca Charlon, City Clerk
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Recording Requested By:
CITY OF RIDGECREST
When Recorded Mail to:
City of Ridgecrest
City Clerk
100 West California Avenue
Ridgecrest, CA 93555
NOTICE OF COMPLETION
NOTICE IS HEREBY GIVEN THAT:
1. The undersigned is OWNER or Agent of the OWNER of the interest or estate stated below in the property hereinafter described.
2. The FULL NAME of the OWNER is City of Ridgecrest
3. The FULL ADDRESS of the OWNER is 100 West California Avenue, Ridgecrest, CA 93555
4. The NATURE OF THE INTEREST or ESTATE of the undersigned is: In Fee. (if other than fee, Strike "In Fee" and insert, for example, "Purchaser under contract of purchase," or "Lessee.")
5. The FULL NAMES and FULL ADDRESSES of ALL PERSONS, if any, WHO HOLD SUCH INTEREST or ESTATE with the undersigned as JOINT TENANTS IN COMMON are:
Names Addresses
6. The full names and full addresses of the predecessors in interest of the undersigned if the property was transferred subsequent to the commencement of the work of improvement herein referred to:
Names Addresses
7. A work of improvement on the property hereinafter described was COMPLETED April 21, 2023
8. The work of improvement completed is described as follows: Franklin Avenue Street Improvements Project
9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: Bowman Asphalt. Inc.
10. The street address of said property is:
11. The property on which said work of improvement was completed is in the City of Ridgecrest County of Kern, State of California, and is described as follows:
Franklin Ave from S. Mahan St to S. Downs St
Date Ronald Strand, City Manager, City of Ridgecrest
Verification for INDIVIDUAL owner
I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the owner of the aforesaid interest or estate in the property described in the above notice; that I have said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Date and Place Signature of Owner named in paragraph 2
Verification for NON-INDIVIDUAL owner: I, the undersigned, declare under penalty of perjury under the laws of the State of California that I am the City Manager of the aforesaid interest or estate in the property described in the above notice; that I have read the said notice, that I know and understand the contents thereof, and that the facts stated therein are true and correct.
Date and Place Ronald Strand, City Manager, City of Ridgecrest SUBSCRIBED AND SWORN TO before me on
Ricca Charlon, City Clerk, City of Ridgecrest Revised 9/22/2003 This Page Intentionally Left Blank
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Proposed Approval Of Increased Appropriations To The Fiscal Year 2022-2023 Budget For Gas Tax Fund-Streets Utilities Electric
PRESENTED BY:
Travis Reed, Deputy City Manager
SUMMARY:
Southern California Edison held a meeting on May 17, 2023 to discuss various topics which included a rate forecast. During the presentation, they discussed an estimated 0.4% decrease between January 2023 – March 2023 and a 5% increase between March 2023 – October 2023. These services are paid through the Gas Tax Fund Streets Utilities Electric account (102.42.4210.5102.301). This account was budgeted for $241,000.00 in expenses for the fiscal year 2022-2023.
Due to the rate fluctuation the cost of City usage for electricity has increased. Staff projects that an additional $30,000.00 is needed to cover costs associated with Southern California Edison’s estimated predictions.
The additional expenses will come from General Fund Reserves Budgeted Utilities Electric $241,000.00
Projected Professional Services $271,000.00
Increase $30,000.00
FISCAL IMPACT:
$30,000 that will come from General Fund Reserves
ACTION REQUESTED:
Approval of increased appropriations as requested
CITY MANAGER’S RECOMMENDATION:
Action as requested
Submitted by: Lovette Alligood Action Date: Aug. 2nd, 2023 (Revised Jan2019)
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RESOLUTION NO. 23-XX
A RESOLUTION OF THE RIDGECREST CITY COUNCIL APPROVING BUDGET
AMENDMENT INCREASING APPROPRIATIONS IN THE ANNUAL BUDGET WHEREAS, the City Council of the City of Ridgecrest has duly adopted its annual budget per resolution; and,
WHEREAS, Resolution 22-41 spells out the circumstances whereby total fund appropriations may be and can be increased; and,
WHEREAS, certain increases in annual appropriations and estimated revenues to the budget require City Council Resolution prior to implementation; and, WHEREAS, the adopted budget for Gas Tax Fund – Utilities Electric for fiscal year 2022-2023 is $241,000; and,
WHEREAS, Southern California Edison has an estimated 0.4% decrease between January 2023 – March 2023 and a 5% increase between March 2023 – October 2023 for the fiscal year; and,
WHEREAS, at the current trend the city is going to need an additional $30,000 to cover Utilities Electric for the rest of the fiscal year, which means we are projecting to pay $271,000 in utility cost for fiscal year 2022-2023.
NOW, THEREFORE, BE IT RESOLVED, that The City Council of the City of Ridgecrest hereby:
1. Approves the increase to account 102.42.4210.5102.301 in the amount not to exceed $30,000 from the General Fund Reserve
APPROVED AND ADOPTED, this 2
nd day of August 2023 by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Eric Bruen, Mayor
ATTEST:
Ricca Charlon, CMC
City Clerk
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