Ridgecrest City Council
March 20, 2024

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 20, 2024
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.

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 20, 2024 Regular Session – 6:00 p.m.

CALL TO ORDER - Roll call

APPROVAL OF AGENDA

REGULAR SESSION
• Pledge Of Allegiance
• Invocation
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 March 6, 2024 Charlon

2. Authorization For The City Manager To Execute The Notice Of Completion For The West Ward Ave. Street Rehabilitation And Sewer System Rehabilitation Project, Federal Project No. STPL-5385(067); For The City Clerk To File The Notice Of Completion And City Staff To Release Retention In The Amount Of One-Hundred And Thirty-Two Thousand One-Hundred And Ninety Dollars And Thirty-Two Cents ($132,190.32) To Everlevel Holdings Within Thirty (30) Days After Recordation Reed

3. A Resolution Of The Ridgecrest City Council Approving Additional Appropriations For Unbudgeted Revenue For The Total Amount Of $5,066.00 Reed

DISCUSSION AND ACTION ITEMS

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

5. A Resolution To Approve Professional Service Agreements With Willdan Engineering, (1) For The Bowman Channel Study, (2) Pinney Pool Inspection And Construction Management, (3) 2024 Measure V Paving, And (4) Design Services For Mahan Ave. And Authorize The City Manager, Ronald Strand, To Execute The Agreements Reed

AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – March 20, 2024

PUBLIC HEARINGS

6. 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 2024-2025 Smith

ORDINANCES

7. Second Reading And Adoption Of Ordinance 24-02, An Ordinance Of The Ridgecrest City Council Amending The Ridgecrest Municipal Code Concerning Accessory Structures Spurlock

8. Second Reading And Adoption Of Ordinance 24-03, An Ordinance Of The Ridgecrest City Council Amending The Ridgecrest Municipal Code Concerning R-4 Medium Density Multifamily Residential District Spurlock

COMMITTEE REPORTS
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 3/12/24
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 03/27/24
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 03/28/24
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 04/01/24
Parks, Recreation, and Quality of Life Committee
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1
st Tuesday each month at 5:30 p.m.

Location: Kerr McGee Center Meeting Rooms
➢ Next meeting 04/02/24

AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – March 20, 2024

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 04/04/24

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 March 6, 2024
PRESENTED BY: Ricca Charlon, City Clerk
SUMMARY:

Draft Minutes of the City Council / Successor Redevelopment Agency / Housing Authority / Financing Authority Regular Meeting Dated March 6, 2024 FISCAL IMPACT: None
ACTION REQUESTED: Approve minutes
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: March 20, 2024 This Page Intentionally Left Blank

RIDGECREST CITY COUNCIL

SUCCESSOR REDEVELOPMENT AGENCY

FINANCING AUTHORITY

HOUSING AUTHORITY

DRAFT MINUTES
Wednesday, March 6, 2024 Closed Session – 5:30 p.m.

Regular Session – 6:00 p.m.

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 – 5:31 pm
Council Present: Mayor Eric A. Bruen (via WebEx); Mayor Pro-Tem Solomon P. Rajaratnam; Council Member Skip Gorman; Council Member L. Scott Hayman

Absent: Vice Mayor Kyle Blades
Staff Present: City Attorney M. Koczanowicz; City Manager Strand; Public Works Director Reed; City Clerk Charlon; Acting Chief Tucker; Parks & Rec Director Wegener APPROVAL OF AGENDA - Motion To Approve Agenda – Hayman - Gorman 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 COUNCIL
Conference with Legal Counsel – Potential Litigation (GC § 54956.9) - One case *Councilman Blades came in to closed session at 5:42pm
REGULAR SESSION – 6:02 pm
ATTORNEY REPORT OUT OF CLOSED SESSION – Rejection of Gilmore claim

PRESENTATIONS

1. Girl Scouts Presentation to Police Dept. Blades

2. Transit Driver Appreciation Proclamation City Council

3. Employee Service Awards City Council
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA – R. Blackwell; T. Wiknich; T. Frazier COUNCIL ANNOUNCEMENTS/DIRECTION - None

CONSENT CALENDAR

4. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated February 21, 2024 Charlon

5. Announcing Proclamations Prepared For The Month Of March And Scheduled Date Of Presentations Charlon
Motion To Approve Consent Calendar – Hayman - Blades 5 Ayes

DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – March 6, 2024

DISCUSSION AND ACTION ITEMS

6. A Resolution Of The Ridgecrest City Council Approving Appropriations For The Reimbursement To Sierra Sands Unified School District For Construction Of Three (3) Additional Box Culverts On E. Gold Canyon St. For A Total Amount Of $250,800.00; And Authorize The City Manager, Ronald Strand, To Execute All Agreements To Construct The Project Reed
Public comments - None
Motion To Approve item 6 – Blades - Gorman 5 Ayes

7. A Resolution Of The City Council Of The City Of Ridgecrest Approving The 2023 Annual Progress Report (APR) Of The General Plan And Housing Element Including The Regional Housing Needs Allocation (RHNA) Plan And Finding That The APR Is Not A Project As Defined By CEQA Spurlock
Public comments -T. Wiknich
Motion To Approve item 7 – Blades - Gorman 5 Ayes

8. A Resolution To Approve An Equipment Donation Agreement Between The City Of Ridgecrest And Indian Wells Valley TV Boosters, Inc. Strand Public comments - None
Motion To Approve item 8 – Blades - Gorman 5 Ayes

COMMITTEE REPORTS
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 02/22/24 - Canceled
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 03/04/24 - Canceled
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 03/06/24 - Canceled
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 03/07/24
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 3/12/24

DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – March 6, 2024

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
➢ 02/28/24 – Canceled
➢ Next meeting 03/27/24

OTHER COMMITTEES, BOARDS, OR COMMISSIONS

CITY MANAGER REPORT

FUTURE AGENDA ITEMS

MAYOR AND COUNCIL COMMENTS
ADJOURNMENT – 7:06 p.m.

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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: Authorization For The City Manager To Execute The Notice Of Completion For The West Ward Ave. Street Rehabilitation And Sewer System Rehabilitation Project, Federal Project No. STPL-5385(067); For The City Clerk To File The Notice Of Completion And City Staff To Release Retention In The Amount Of One-Hundred And Thirty-Two Thousand One-Hundred And Ninety Dollars And Thirty-Two Cents ($132,190.32) To Everlevel Holdings Within Thirty (30) Days After Recordation
PRESENTED BY: Travis Reed, Public Work Director
SUMMARY: The Contractor, Everlevel Holdings has finished the project that consisted of street and sewer re-construction and maintenance for the West Ward Ave. Street Rehabilitation and Sewer System Rehabilitation project, Federal project no. STPL-5385(067). The project accounting is as follows:

The original contract amount $1,864,716.00
Change Orders and Quantity Adjustments $779,090.39
Revised Total Contract Amount: $2,643,806.39
Project Percent Overage: 38%
Project CE: $237,525.00
Project PE/CM: $76,874.16
Grand Total: $2,958,205.55
With the work being completed, and with the exception of retention in the amount of Thirty-Two Thousand One-Hundred and Ninety Dollars and Thirty-Two cents ($132,190.32), the Contractor, Everlevel Holdings has been paid in full.

The City Staff will authorize release of retention within thirty (30) days from the filing of the Notice of Completion as 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 $132,190.32 is within the revised contract no additional funding is 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 in the amount of $132,190.32 to the Contractor, Everlevel Holdings within thirty (30) days after 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: Mar. 20, 2024
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RESOLUTION NO. 24-Xx

AUTHORIZATION FOR THE CITY MANAGER TO EXECUTE THE NOTICE OF COMPLETION FOR THE WEST WARD AVE. STREET REHABILITATION AND SEWER SYSTEM REHABILITATION PROJECT, FEDERAL PROJECT NO.

STPL-5385(067); FOR THE CITY CLERK TO FILE THE NOTICE OF

COMPLETION AND CITY STAFF TO RELEASE RETENTION IN THE AMOUNT

OF ONE-HUNDRED AND THIRTY-TWO THOUSAND ONE-HUNDRED AND
NINETY DOLLARS AND THIRTY-TWO CENTS ($132,190.32) TO EVERLEVEL HOLDINGS WITHIN THIRTY (30) DAYS AFTER RECORDATION
WHEREAS, The Contractor, Everlevel Holdings has finished the project that consisted of street and sewer re-construction and maintenance on February 22, 2024 for the West Ward Ave.

Street Rehabilitation and Sewer System Rehabilitation project, Federal project no. STPL5385(067); and, WHEREAS, With the work being completed and, with the exception of the retention amount ($132,190.32) the Contractor, Everlevel Holdings has been paid in full; and, WHEREAS, The retention amount of One-Hundred and Thirty -Two Thousand OneHundred and Ninety Dollars and Thirty-Two cents ($132,190.32) is within the revised contract amount of $2,643,806.39; and,
WHEREAS, The City Staff will authorize release of retention within thirty (30) days from the filing of the Notice of Completion as 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 West Ward Ave. Street Rehabilitation and Sewer System Rehabilitation project, Federal project no. STPL-5385(067); and

3. Authorizes City Staff to release retention in the amount of One-Hundred and Thirty -Two Thousand One-Hundred and Ninety Dollars and Thirty-Two cents ($132,190.32) to the Contractor, Everlevel Holdings 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 20th day of March 2024 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 February 22, 2024

8. The work of improvement completed is described as follows: West Ward Avenue Street Rehabilitation & Sewer System Rehabilitation Project, Federal Project No. STPL-5385 (067)

9. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is: EverLevel Holdings, LLC

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:

West Ward Ave from N. Norma St to N. China Lake Blvd

Date Ronald Strand, City Manager
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
SUBSCRIBED AND SWORN TO before me on
Ricca Charlon, City Clerk Revised 9/22/2003
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: A Resolution Of The Ridgecrest City Council Approving Additional Appropriations For Unbudgeted Revenue For The Total Amount Of $5,066.00 PRESENTED BY: Travis Reed
SUMMARY:

The Street/Fleet Division recently concluded the successful sale of outdated street signs, resulting in a total revenue of $5,066.00.

Streets/Fleet Request the Unbudgeted Revenue funds be allocated to the miscellaneous repairs and maintenance supplies account 102.42.4212.5203.000. These funds, totaling $5,066.00, will be earmarked for the purchase of traffic control and safety maintenance equipment, enhancing the Street/Fleet Division's capabilities in maintaining and ensuring the safety of streets.

Prudent with fiscal policy, staff is reinvesting the proceeds from the sale of older street signs back into the Street/Fleet Division. This aligns with the overarching goal of improving and sustaining the functionality of street maintenance across the City of Ridgecrest service area.

FISCAL IMPACT:

None
ACTION REQUESTED:

Approval of increased appropriations as requested
CITY MANAGER’S RECOMMENDATION:

Action as requested
Submitted by: Lovette Alligood Action Date: March 20, 2024 This Page Intentionally Left Blank
RESOLUTION NO. 24-XX

A RESOLUTION OF THE RIDGECREST CITY COUNCIL APPROVING

ADDITIONAL APPROPRIATIONS FOR UNBUDGETED REVENUE FOR THE TOTAL AMOUNT OF $5,066.00
WHEREAS, the City Council of the City of Ridgecrest has duly adopted its annual budget per resolution; and,
WHEREAS, Resolution 23-32 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 Street/Fleet Division has successfully concluded the sale of outdated street signs, resulting in a total revenue of $5,066.00; and, WHEREAS, the Streets/Fleet Division shall utilize said funds future Sign Inventory and other traffic control devices.

NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Ridgecrest as Follows:

1. Allocate unbudgeted revenue in the amount of $5,066.00 to miscellaneous repairs and maintenance supplies account for the Streets & Fleet Division.

2. Authorize the Finance Director to amend the budget to reflect all appropriate revenue, expenditure, and transfer accounts.

APPROVED AND ADOPTED, this 20th day of March, 2024 by the following vote:

AYES:

NOES:

ABSTAIN:

ABSENT:

Eric Bruen, Mayor
ATTEST:

Ricca Charlon, CMC
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: Mar 20, 2024
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
SUBJECT: A Resolution To Approve Professional Service Agreements With Willdan Engineering, (1) For The Bowman Channel Study, (2) Pinney Pool Inspection And Construction Management, (3) 2024 Measure V Paving, And (4) Design Services For Mahan Ave. And Authorize The City Manager, Ronald Strand, To Execute The Agreements PRESENTED BY: Travis Reed, Deputy City Manager/ Public Works Director SUMMARY:

PLEASE NOTE COUNCIL HAS THE RIGHT TO ACCEPT OR REJECT THESE CONTRACTS IN ANY MANNER THEY SEE FIT. REGARDLESS OF PRESENTATION, STAFF WILL ALTER THE RESOLUTION TO MEET COUNCIL DESIRES.

On January 25, 2024 Staff Solicited RFP’s for four (4) Construction Projects, The Bowman Channel Hydraulic Study, Pinney Pool Construction Management, 2024 Measure V Paving, and Mahan Ave. Design Services. RFP’s were submitted by two firms, QK, and Willdan. QK submitted on the 2024 Measure V Paving Project, and the Mahan St. Design. Willdan Proposed on all four Projects.

After a rigorous selection process, which had four team members analyze and score the submitted RFP’s, Willdan was unanimously selected to aid the City in the preparation and execution of these projects.

Project 1-
The Bowman Channel Project, (Budgeted in this FY) consists of hydraulic analysis of the Bowman Channel and the preparation of a 7-year Capital Improvement Plan to lay out a road map to the completion of this vital piece of drainage infrastructure. Staff is seeking strategic locations that the channel can be constructed to that will not adversely affect roads, infrastructure, property, and health and Safety. Included in this is the analysis of an overflow pipeline that would help mitigate overflows, and clean staff clean up efforts during a typical Ridgecrest Rainfall event.

The proposed fund for this project is the drainage impact fund. Willdan’s proposed fee for said work is $105,566.00. Staff negotiated the consultant fee with Willdan, and based on the scope of work proposed feels the fee is in line with standard practice and industry norm.

Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
Project 2-
The Pinney Pool Construction Management and Inspection (Requesting Appropriations) consists of full-time inspection, project administration, a constructability review, materials testing, labor compliance etc. Willdan has staff that has been through the construction of numerous pools and City Staff felt it was crucial to have support services that have extensive experience with projects like this. Furthermore, Willdan Proposed to use Construction Inspector Brent Jablonowski who will also double as a special inspector for welding, concrete, high strength bolts etc. This service alone will save the City well over $100,000 dollars in third party special inspection services.

A project of this magnitude requires full time inspection and support services. The project budget was based on an estimated 18-month construction schedule. Consistent with staff expectation for this project. The proposed fee for the Construction Management and Inspection services is $1,146,828.00, which was negotiated with staff.

Staff is requesting Additional Measure P appropriations to cover this contract. As staff is hopeful to retain the services of this contract to aid in the Plan Check and Constructability review of the project.

Project 3-
The 2024 Measure V Paving Project consists of PE and CE Services. This project is consistent with the previous two paving projects for FY 22 and FY23 and will remediate the road infrastructure in the following locations:
i. Wildrose Ave. – Downs St. to Sierra View St. (1,300 LF, 36.5’ wide) ii. Sierra View St. – Bataan Ave. to Dolphin Ave. (1260 LF, 36.5’ wide) iii. Windy Lynn/Inyo – From Drummond to Dead End (1,330 LF, 37’ wide) iv. Cottonwood Dr. – N. Sunland Ave. to Chambers St. (1,200 LF, 38’ wide) v. N. Broadway St. – Ridgecrest Blvd. to N. Sunland Dr. (1,700 LF, 37’ wide) vi. N. American St. - Ridgecrest Blvd. to N. Broadway St. (1,300 LF, 37’ wide) vii. N. Kimberly Ln. – N. American St. to N. Broadway St. (800 LF, 37’ wide) viii. Lucille Ct. – Inyo to Cul-de-sac end (530 LF, 37’ wide) Willdan has proposed $348,792 for the entire project, of which $138,660.00 is for PE Services (Plan and Spec Preparation, Bidding services, Environmental preparation etc.). As always, staff has conducted the surveying necessary for the project to save money. The CE Portion of the project, $195,953.00 is based on an estimated 60 day working construction contract.

This includes project management support and full-time inspection. Staff also negotiated this contract with Willdan and feels it is very reasonable for the scope of work requested.

The proposed fund for this project is Measure V. Currently, staff has the PE portion budgeted and is requesting additional appropriations to cover the CE services provided construction begins prior to the end of this fiscal year.

Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
Project 4-
Mahan Ave. Design Services project is preparation for our next RSTP Grant. As council is aware we were able to complete Ward II because we had plans on the shelf that were ready to construct. Staff is seeking to do the same here. We are utilizing inhouse money to prepare both sets of plans (Phase 1 – Bowman to Dolphin, and Phase 2 – Dolphin to Springer) so as soon as the RSTP funds are available we can go to construction with our awarded sum.

Once this has been completed should an agency be unable to deliver, we have a high potential of retaining their funds to complete phase 2.

This contract is simply for the Design of both phases, and Construction Management will be solicited at a later date closer to the bidding of the project. Staff negotiated fee with Willdan, and settled on $125,240.00. These funds have already been budgeted, and staff seeks council approval to begin the design of this project. As this section of road is in dyer need of repair and capacity.

In conclusion staff is seeking the approval of four (4) professional service agreements:

Project Fund Fee Budgeted
Amount
Requested
Appropriations
Bowman
Channel
Drainage
Impact $105,566.00 $105,566.00 $0.00
Pinney Pool Measure P $1,146,828.00 $0.00 $1,146,828.00 2024 Measure V Measure V $348,792.00 $138,660.00 $195,953.00 Mahan Ave. Measure V $125,240.00. $125,240.00 $0.00

PLEASE NOTE COUNCIL HAS THE RIGHT TO ACCEPT OR REJECT THESE CONTRACTS IN ANY MANNER THEY SEE FIT. REGARDLESS OF PRESENTATION, STAFF WILL ALTER THE RESOLUTION TO MEET COUNCIL DESIRES.

FISCAL IMPACT:

Drainage Impact: $ 105,566.00 (Budgeted Funds)
Measure P: $1,146,828.00 (Appropriations Requested)
Measure V: $ 474,032.00 (Budgeted $263,900.00; Requested Appropriations $195,953.00)
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority

STAFF REPORT
ACTION REQUESTED:

1. Approve the award of four (4) professional services agreements with Willdan Engineering for:

1. The Bowman Channel Hydraulic Study

2. Pinney Pool Construction Management

3. 2024 Measure V Paving

4. Mahan Ave. Design

2. Authorize the Finance Director to amend the budget to reflect all appropriate capital, revenue and transfer accounts and create purchase orders for the Professional Service Contracts

3. Authorize the City Manager, Ronald Strand, to execute the professional services agreements.

CITY MANAGER’S RECOMMENDATION: ACTION AS REQUESTED
Submitted by: Travis Reed, P.E., Deputy City Manager. Action Date: March 20, 2024 RESOLUTION NO. 24-Xx

A RESOLUTION TO APPROVE PROFESSIONAL SERVICE
AGREEMENTS WITH WILLDAN ENGINEERING, (1) FOR THE
BOWMAN CHANNEL STUDY, (2) PINNEY POOL INSPECTION AND
CONSTRUCTION MANAGEMENT, (3) 2024 MEASURE V PAVING, AND (4) DESIGN SERVICES FOR MAHAN AVE. AND AUTHORIZE THE CITY

MANAGER, RONALD STRAND, TO EXECUTE THE AGREEMENTS
WHEREAS, the City of Ridgecrest requires the services of an engineering consulting firm to provide Engineering aid including: plans, specifications, bidding documents, bidding assistance services, and construction management; and, WHEREAS, the services are for multiple projects including:

1. The Bowman Channel Hydraulic Study

2. Pinney Pool Construction Management and Inspection

3. 2024 Measure V Paving Design and Construction Management

4. Design for Mahan St. for the 2025 RSTP Cycle; and,
WHEREAS, RFP’s were solicited, evaluated and Willdan Engineering was determined to be the most qualified firm; and,
WHEREAS, the proposed services are on a time and materials basis for an amount not to exceed as follows:

1. Bowman Channel - $105,566.00

2. Pinney Pool - $1,146,828.00

3. 2024 Measure V - $348,792.00

4. Mahan Ave. - $125,240.00; and,
WHEREAS, the funds proposed are as follows:

1. Bowman Channel – Drainage Impact (Budgeted)

2. Pinney Pool – Measure P (Requesting Appropriations)

3. 2024 Measure V Paving – Measure V (PE Budgeted, CE Requesting Appropriations)

4. Mahan Ave. – Measure V (Budgeted); and
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest hereby:

1. Approve the award of four (4) professional services agreements with Willdan Engineering for:
a. The Bowman Channel Hydraulic Study
b. Pinney Pool Construction Management
c. 2024 Measure V Paving
d. Mahan Ave. Design
RESOLUTION NO. 24-Xx

2. Authorize the Finance Director to amend the budget to reflect all appropriate capital, revenue and transfer accounts and create purchase orders for the Professional Service Contracts

3. Authorize the City Manager, Ronald Strand, to execute the professional services agreements.

APPROVED AND ADOPTED this 20th day of March, 2024 by the following vote.

AYES:

NOES:

ABSENT:

ABSTAIN:
____________________________
Eric Bruen, Mayor
ATTEST:

Ricca Charlon, City Clerk
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CONSULTANT AGREEMENT
Professional Services
Engineering Services

PROJECT TITLE
Willdan Engineering
THIS PROFESSIONAL SERVICES AGREEMENT (hereinafter “Agreement”) is made and entered into as of __DATE__ (“Effective Date”) by and between the CITY OF RIDGECREST, a California municipal corporation (hereinafter “City”) and Willdan Engineering (hereinafter “Consultant”). City and Consultant agree as follows:

1. Purpose.
(a) To provide Construction Engineering Services including but not limited to: Bidding Assistance, Inspection, Labor Compliance, Materials Testing, and Federal Funding Compliance for the West Ward Ave. Phase I Project. (b) Consultant represents that it is trained, experienced, competent, and qualified to perform the professional services required by this Agreement.

2. Services.
(a) Consultant agrees to perform the services and tasks set forth in the attached Exhibit “A” (hereinafter the “Scope of Services”). Consultant shall provide all labor, materials, tools, supplies, equipment, services, tasks and incidental and customary work necessary to competently perform these services and work. (b) Services and work provided by Consultant under this Agreement shall be performed in a timely and diligent manner and shall be consistent with all requirements and standards established by applicable Federal, State, and local laws and regulations, and professional standards.
(c) Consultant shall not perform any services under this Agreement without first receiving a work order or equivalent notice to proceed in writing from a designated representative of the City. Such work orders shall include the following information:
(1) A description of the specific task requested and other information the City deems necessary and relevant to the request. (2) A timeline and any applicable deadlines.
(d) Consultant shall report progress of work on a monthly basis or as directed. Consultant shall submit a project schedule using Microsoft Project’s project management software with a narrative of tasks performed and tasks planned for the next month.

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3. Consideration.
(a) City shall compensate Consultant for its services as follows: the total compensation shall not exceed the sum of $XXXXXXXXXX, unless the parties duly amend this Agreement.
(b) The Consultant shall complete and submit monthly invoices showing project name, date of work, purchase order number, agency project number, invoice number, original contract amount, current invoice amount, total billed to date, remaining contract balance, percentage of work completed, revised project schedule, description of tasks, personnel assigned to task, job title of personnel, and supporting documentation.
(c) Consultant shall submit its final invoice within 45 days after the date the Notice of Completion is issued.
(d) Consultant’s invoices shall be in writing and delivered to the City Manager at the City’s address set forth in Section 19 hereinbelow. The City shall, within 30 days after receiving such invoice, review and pay all approved charges thereon.

4. Term.

This Agreement shall commence upon City’s written authorization to proceed and shall continue until completion of the Scope Services or upon earlier termination in accordance with this Agreement. Either party may terminate this Agreement on 15 days’ written notice. If this Agreement is terminated by City without cause, City shall pay Consultant for work performed prior to the date the notice of termination is received by Consultant. If the Agreement is terminated by Consultant without cause, Consultant shall reimburse City for additional costs to be incurred by City in obtaining the work from another consultant.

5. Ownership of Data, Reports, and Documents.

The Consultant shall deliver to the City on demand or completion of the project, both digitally, (in the original file format of the software in which prepared), and hard copy, notes of surveys made, reports of tests made, studies, reports, plans, and other materials and documents which shall be the property of the City. If the City uses any data, reports, and documents furnished or prepared by the Consultant for any project other than the subject of this Agreement, the Consultant shall be released from responsibility to third parties concerning the use of the data, reports, and documents. The Consultant may retain copies of the materials. The City may use or reuse the materials prepared by Consultant without additional compensation to Consultant.

6. Subcontracts.
(a) The Consultant shall not subcontract or assign responsibility for performance of any portion of this Agreement without the prior written consent of the City. Except as otherwise specifically approved by the City, the Consultant shall Consultant Agreement Page 3 of 11
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include appropriate provisions of this Agreement in subcontracts so rights conferred to the City by this Agreement shall not be affected or diminished by subcontract.

There shall be no contractual relationship intended, implied, or created between the City and any subcontractor with respect to services under this Agreement. (b) In the event any subcontract of Consultant’s fails to protect rights conferred to the City as described in the preceding paragraph, Consultant agrees to be fully responsible and indemnify, hold harmless and defend the City and its officials, officers, employees, agents and volunteers from and against all claims, losses, costs and expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorney fees incurred by counsel of City’s choice.

7. Independent Contractor.

The Consultant is an independent contractor and not an employee of the City.

8. Indemnification.
(a) The Parties agree that City and City’s elected and appointed officials, officers, employees, agents and volunteers (hereinafter, the “City Indemnitees”) should, to the fullest extent permitted by law, be protected from any and all loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide the City Indemnitees with the fullest protection possible under the law. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify, defend and protect City as set forth herein.
(b) To the fullest extent permitted by law, Consultant shall indemnify, hold harmless and defend the City Indemnitees from and against all liability, loss, damage, expense, cost (including without limitation reasonable attorneys’ fees, expert fees and all other costs and fees of litigation) of every nature arising out of or in connection with Consultant’s performance of Work hereunder or its failure to comply with any of its obligations contained in this Agreement, except such loss or damage which is caused by the sole negligence or willful misconduct of the City. (c) City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section and related to Consultant’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.

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(d) This Section and all provisions contained herein (including but not limited to the duty to indemnify, defend and hold free and harmless) shall survive the termination or normal expiration of this Agreement and is in addition to any other rights or remedies which the City may have at law or in equity.

9. Insurance.
(a) The Consultant shall procure and maintain, for the duration of this Agreement, insurance against claims for injuries to persons or damages to property arising from or in connection with the performance of the work hereunder by the Consultant, officers, agents, employees, or volunteers. (b) The Consultant shall provide the following coverages:
(1) Commercial general liability insurance written on an occurrence basis in the amount of $1,000,000 combined single limit per occurrence for bodily injury, personal injury, and property damage. The insurance policy shall be amended to provide the general aggregate limit shall apply separately to the work under this Agreement or the general aggregate shall be twice the required per occurrence limit. (2) Business automobile liability insurance insuring all owned, nonowned and hired automobiles, in the amount of $1,000,000 combined single limit per accident for bodily injury and property damage.
(3) Workers’ Compensation insurance as required by the Labor Code of the State of California with the statutory limits required by the Labor Code and Employers Liability for $1,000,000 per accident for bodily injury or disease. The Consultant and subcontractors shall cover or insure their employees working on or about the site, regardless of whether such coverage or insurance is mandatory or merely elective under the law.
(4) Professional liability insurance covering loss resulting from errors or omissions of Consultant with a liability limit of at least $1,000,000 per occurrence. (c) The insurance policies required above shall contain or be endorsed to contain the following specific provisions:
(1) Commercial general liability and automobile liability:
(i) The City and its City Council Members, officers,
employees, agents and volunteers are added as insured;
(ii) The Consultant’s insurance shall be primary insurance as respects the City, its City Council Members, officers, employees, agents and volunteers and any insurance or self-insurance maintained by the City shall be in excess of the Consultant’s insurance and shall not contribute to it. (iii) Any failure to comply with the claim reporting provisions of the policies or any breach of a policy warranty shall not affect coverage under the policy provided to the City, its City Council Members, officers, employees, agents and volunteers.
(iv) The policies shall contain a waiver of transfer rights of recovery (“waiver of subrogation”) against the City, its City Council Members, Consultant Agreement Page 5 of 11
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officers, employees, agents and volunteers for any claims arising out of the work of the Consultant.
(v) The policies may provide coverage which contains
deductible or self-insured retentions. Such deductible and/or self-insured retentions shall not be applicable with respect to the coverage provided to the City under such policies. The Consultant shall be solely responsible for deductible and/or self-insured retention and the City, at its option, may require the Consultant to secure the payment of such deductible or self-insured retentions by a surety bond or an irrevocable and unconditional letter of credit. The insurance policies that contain deductibles or self-insured retentions in excess of $25,000 per occurrence shall not be acceptable without the prior approval of the City.
(vi) Prior to start of work under this Agreement, the
Consultant shall file with the City evidence of insurance as required above from an insurer or insurers certifying to the required coverage. The coverage shall be evidenced on an ACCORD Certificate of Insurance form (latest version) and be signed by an authorized representative of the insurer(s). A copy of form ISO 2009 required above shall be attached to the Certificate of Insurance at the time it is filed with the City. Should the required coverage be furnished under more than one policy of insurance, the Consultant may submit as many certificates of insurance as needed to provide the required amounts. In the event the Certificate furnished by the Consultant does not adequately verify the required coverage, the City has the right to require the Consultant to provide copies of the specific endorsements or policy provisions actually providing the required coverage. The City reserves the right to require certified complete copies of any insurance coverage required by this Agreement, but the receipt of such policy or policies shall not confer responsibility upon the City as to sufficiency of coverage.
(2) All Coverages: Each policy required in this section shall contain a policy cancellation clause that provides the policy shall not be canceled or otherwise terminated by the insurer or the Consultant or reduced in coverage or in limits except after thirty (30) days’ prior written notice by certified mail, return receipt requested, has been given to the City, Attention: Office Manager. (d) All insurance required by this Agreement shall be placed with insurers licensed by the State of California to transact insurance business of the types required herein. Each insurer shall have a current Best Insurance Guide rating of not less than A: VII unless prior approval is secured from the City as to the use of such insurer.
(e) The Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. The Consultant shall maintain evidence of compliance with the insurance requirements by the subcontractors at the job site and make them available for review by the City.

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10. Disadvantaged Business Enterprises (“DBE”)
Consultants must give consideration to DBE firms as specified in 23 CFR §172.5(b), 49 CFR, Part 26. If the contract has a DBE goal, Consultant must meet the goal by using DBEs as subconsultants or document a good faith effort to have met the goal. If a DBE subconsultant is unable to perform, Consultant must make a good faith effort to replace him/her with another DBE subconsultant if the goal is not otherwise met. A DBE may be terminated only with written approval by City and only for the reasons specified in 49 CFR 26.53 (f). Prior to requesting City’s consent for the proposed termination, the prime consultant must meet the procedural requirements specified in 49 CFR 26.53(f).

11. Records Retention
For the purpose of determining compliance with Public Contract Code 10115, et seq. and Title 21, California Code of Regulations, Chapter 21, Section 2500 et seq., when applicable and other matters connected with the performance of the Agreement pursuant to Government Code 8546.7, Consultant, subconsultants, and City shall maintain and make available for inspection all books, documents, papers, accounting records, and other evidence pertaining to the performance of the Agreement, including but not limited to, the costs of administering the Agreement.

All parties shall make such materials available at their respective offices at all reasonable times during the contract period and for three years from the date of final payment under the Agreement. The state, State Auditor, City, FHWA, or any duly authorized representative of the Federal Government shall have access to any books, records, and documents of Consultant that are pertinent to the contract for audit, examinations, excerpts, and transactions, and copies thereof shall be furnished if requested.

12. Audits
Consultant and subconsultants’ contracts, including cost proposals and indirect cost rates (ICR), are subject to audits or reviews such as, but not limited to, a Contract Audit, an Incurred Cost Audit, an ICR Audit, or a certified public accountant (CPA) ICR Audit Workpaper Review. If selected for audit or review, the contract, cost proposal and ICR and related workpapers, if applicable, will be reviewed to verify compliance with 48 CFR, Part 31 and other related laws and regulations. In the instances of a CPA ICR Audit Workpaper Review it is Consultant’s responsibility to ensure federal, state, or local government officials are allowed full access to the CPA’s workpapers. The contract, cost proposal, and ICR shall be adjusted by Consultant and approved by City to conform to the audit or review recommendations. Consultant agrees that individual terms of costs identified in the audit report shall be incorporated into the contract by this reference if directed by City at its sole discretion. Refusal by Consultant to incorporate audit or review recommendations, or to ensure that the Federal, State, or local governments have Consultant Agreement Page 7 of 11
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access to CPA workpapers, will be considered a breach of contract terms and cause for termination of the contract and disallowance of prior reimbursed costs.

13. Safety
(a) Consultant shall comply with OSHA regulations applicable to Consultant regarding necessary safety equipment or procedures. Consultant shall comply with safety instructions issued by City and/or its representatives. Consultant personnel shall wear hard hats and safety vests at all times while working on the construction project site.
(b) Pursuant to the authority contained in Section 591 of the Vehicle Code, City has determined that such areas are within the limits of the project and are open to public traffic. Consultant shall comply with all of the requirements set forth in Divisions 11, 12, 13, 14, and 15 of the Vehicle Code. Consultant shall take all reasonably necessary precautions for safe operation of its vehicles and the protection of the traveling public from injury and damage from such vehicles. (c) Any subcontract entered into as a result of this Agreement shall contain all of the provisions of this Section.
(d) Consultant must have a Division of Occupational Safety and Health (CAL-OSHA) permit(s), as outlined in California Labor Code Sections 6500 and 6705, prior to the initiation of any practices, work, method, operation, or process related to the construction or excavation of trenches which are five feet or deeper.

14. National Labor Relations Board Certification
In accordance with Public Contract Code Section 10296, Consultant hereby states under penalty of perjury that no more than one final unappealable finding of contempt of court by a federal court has been issued against Consultant within the immediately preceding two-year period, because of Consultant’s failure to comply with an order of a federal court that orders Consultant to comply with an order of the National Labor Relations Board.

15. Statement of Compliance
(a) Consultant’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California that Consultant has, unless exempt, complied with the nondiscrimination program requirements of Government Code Section 12990 and Title 2, California Administrative Code, Section 8103.
(b) During the performance of this Contract, Consultant and its subconsultants shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of sex, race, color, ancestry, religious creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition, age (over 40), marital status, and denial of family care leave. Consultant and subconsultants shall ensure that the evaluation and treatment of their employees and applicants for employment are free from such discrimination Consultant Agreement Page 8 of 11
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and harassment. Consultant and subconsultants shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12990 (a-f) et seq.) and the applicable regulations promulgated thereunder (California Code of Regulations, Title 2, Section 7285 et seq.). The applicable regulations of the Fair Employment and Housing Commission implementing Government Code Section 12990 (a-f), set forth in Chapter 5 of Division 4 of Title 2 of the California Code of Regulations, are incorporated into this Contract by reference and made a part hereof as if set forth in full. Consultant and its subconsultants shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement.

16. Debarment and Suspension Certification
(a) Consultant’s signature affixed herein shall constitute a certification under penalty of perjury under the laws of the State of California, that Consultant has complied with Title 2 CFR Part 180, “OMB Guidelines to Agencies on Government-wide Debarment and Suspension (nonprocurement),” which certifies that he/she or any person associated therewith in the capacity of owner, partner, director, officer, or manager, is not currently under suspension, debarment, voluntary exclusion, or determination of ineligibility by any federal agency; has not been suspended, debarred, voluntarily excluded, or determined ineligible by any federal agency within the past three (3) years; does not have a proposed debarment pending; and has not been indicted, convicted, or had a civil judgment rendered against it by a court of competent jurisdiction in any matter involving fraud or official misconduct within the past three (3) years. Any exceptions to this certification must be disclosed to City.
(b) Exceptions will not necessarily result in denial of recommendation for award, but will be considered in determining Consultant responsibility. Disclosures must indicate to whom exceptions apply, initiating agency, and dates of action. (c) Exceptions to the Federal Government Excluded Parties List System maintained by the General Services Administration are to be determined by the Federal Highway Administration.

17. State Prevailing Wage Rates
The State of California’s General Prevailing Wage Rates are not applicable to this Agreement.

18. Prohibition of Expending Funds for Lobbying
(a) Consultant certifies to the best of his or her knowledge and belief that:
(1) No state, federal, or City appropriated funds have been paid, or will be paid by-or-on behalf of Consultant, to any person for influencing or attempting to influence an officer or employee of any state or federal agency; a Member of the State Legislature or United States Congress; an officer or employee of the Legislature or Congress; or any employee of a Member of the Legislature or Consultant Agreement Page 9 of 11
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Congress, in connection with the awarding of any state or federal contract; the making of any state or federal grant; the making of any state or federal loan; the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any state or federal contract, grant, loan, or cooperative agreement.
(2) If any funds other than federal appropriated funds have been paid, or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency; a Member of Congress; an officer or employee of Congress, or an employee of a Member of Congress; in connection with this federal contract, grant, loan, or cooperative agreement; Consultant shall complete and submit Standard Form-LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions.
(b) This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
(c) Consultant also agrees by signing this document that he or she shall require that the language of this certification be included in all lower-tier subcontracts, which exceed $100,000, and that all such sub-recipients shall certify and disclose accordingly.

19. Miscellaneous.
(a) Copies of documents such as tracings, plans, specifications, and maps prepared or obtained under the terms of this agreement shall be delivered to and become the property of the City. These documents are instruments of service for this project only and are not intended or authorized for other use by City or third parties. Basic survey notes, sketches, charts, and computations shall be made available upon request to the owner without restrictions or limitations to their use. If the above-mentioned documents are reused by the City, revisions will be indicated and the Consultant will be released and held harmless of liabilities by City. (b) For a period of three years following receipt of final payment, Consultant will retain and make readily available to representatives of the City and the comptroller General of the United States monthly progress reports, invoices, and sponsor payments for the purposes of determining the grant funds available to the City were used to defray grant costs.
(c) As used in this Subpart (c), the capitalized term “Contractor” shall mean those persons and entities and their officers, agents, employees, and volunteers that perform the physical construction, repair, and reconstruction of the improvements that are the subject of the plans described in this Agreement.

Consultant shall not be responsible for the acts or omissions of any Contractor or any of the Contractor’s sub-contractors, agents, or employees, or any other person Consultant Agreement Page 10 of 11
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(except Consultant’s own employees and agents) at the project site or otherwise performing any of the construction work of the project, except insofar as such acts or omissions were or should have been observed and reported by Consultant. The Contractor is solely responsible for construction means, methods, materials, techniques, sequences, and safety at the site.
(d) Neither party hereto shall assign, sublet or transfer interests hereunder without first obtaining written consent from the other party. (e) The waiver by either party of any breach of this agreement shall not bar the other party from enforcing any subsequent breach thereof. (f) If an action at law or in equity is brought to enforce this Agreement, the prevailing party shall be entitled to reasonable attorney fees and costs. (g) Notices. Notices shall be deemed received when: (i) personally delivered; (ii) deposited in the U.S. Mail with postage prepaid, registered or certified, and return receipt required; or (iii) sent by reputable overnight delivery, addressed as follows, or such other address as a party may designate by written notice:

City: Consultant:

Attn: Ronald Strand, City Manager
City of Ridgecrest
100 W. California Avenue
Ridgecrest, CA 93555-4054
Attn: Mike Bustos
Project Manager
Willdan Engineering
374 Poli Street, Suite 101
Ventura, California 93001

20. Integration.

This Agreement represents the entire understanding of City and Consultant as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may not be modified or altered except in writing, signed by both parties.

21. Governing Law.

This Agreement shall be interpreted and construed under, and the rights of the parties will be governed by the laws of the State of California.

22. Counterparts.

This Agreement may be executed in counterparts, which together shall compose a single instrument.

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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the date first appearing above.

City of Ridgecrest Willdan Engineering
By: ____________________________ By: __________________________ Ronald Strand Vanessa Munoz, P.E., T.E., P.T.O.E.

City Manager Director of Engineering
APPROVED AS TO FORM:

Aleshire & Wynder LLP
City Attorney
By: _____________________________
Martin D. Koczanowicz
Exhibit “A”
[Scope of Services]
February 21, 2024 (Revised March 11, 2024)
City of Ridgecrest
100 West California Avenue
Ridgecrest, CA 93555
Attn: Travis Reed, Deputy City Manager/Public Works Director Subject: Cost Proposal FY-24 Measure V Street Improvement Design & Construction Management
Willdan is pleased to submit our cost proposal to the City of Ridgecrest for the FY-24 Measure V Street Improvement Design & Construction Management project. Please find attached our detailed fee proposal for all services and materials anticipated in completing the project based on the scope of services.

As the proposed project manager for this important City project and team lead, you may reach Mike Bustos at the following address, phone number or email.

Project Manager
Michael Bustos, PE, ENV SP
374 Poli Street, Suite 101
Ventura, CA 93001
(805) 279-6870
[email protected]
We feel strongly about the strength of our credentials and our abilities to meet and exceed the requested services identified by the City and look forward to continue serving the City of Ridgecrest. If there are any questions regarding this proposal, please contact me as indicated above.

Respectfully submitted,

WILLDAN ENGINEERING
Vanessa Munoz, PE, TE
President and CEO
(562) 368-4848 / [email protected]
Cost Proposal for
FY-24 Measure V Street Improvement/Design/Construction Management City of Ridgecrest
2 February 21, 2024 (Revised March 11, 2024)
City of Ridgecrest
100 West California Avenue
Ridgecrest, CA 93555
Attn: Travis Reed, Deputy City Manager/Public Works Director Subject: Cost Proposal for Mahan Street Improvement Design Willdan is pleased to submit our cost proposal to the City of Ridgecrest for the Mahan Street Improvement project. Please find attached our detailed fee proposal for all services and materials anticipated in completing the project based on the scope of services.

As the proposed project manager for this important City project and team lead, you may reach Mike Bustos at the following address, phone number or email.

Project Manager
Michael Bustos, PE, ENV SP
374 Poli Street, Suite 101
Ventura, CA 93001
(805) 279-6870
[email protected]
We feel strongly about the strength of our credentials and our abilities to meet and exceed the requested services identified by the City and look forward to continue serving the City of Ridgecrest. If there are any questions regarding this proposal, please contact me as indicated above.

Respectfully submitted,

WILLDAN ENGINEERING
Vanessa Munoz, PE, TE
President and CEO
(562) 368-4848 / [email protected]
Cost Proposal for
Mahan Street Improvement Design
City of Ridgecrest
2 February 21, 2024 (Revised March 11, 2024)
City of Ridgecrest
100 West California Avenue
Ridgecrest, CA 93555
Attn: Travis Reed, Deputy City Manager/Public Works Director Subject: Cost Proposal for Bowman Channel Pilot Study / Capital Improvement Plan Willdan is pleased to submit our cost proposal to the City of Ridgecrest for the Bowman Channel Pilot Study / Capital Improvement Plan project. Please find attached our detailed fee proposal for all services and materials anticipated in completing the project based on the scope of services.

As the proposed project manager for this important City project and team lead, you may reach Mike Bustos at the following address, phone number or email.

Project Manager
Michael Bustos, PE, ENV SP
374 Poli Street, Suite 101
Ventura, CA 93001
(805) 279-6870
[email protected]
We feel strongly about the strength of our credentials and our abilities to meet and exceed the requested services identified by the City and look forward to continue serving the City of Ridgecrest. If there are any questions regarding this proposal, please contact me as indicated above.

Respectfully submitted,

WILLDAN ENGINEERING
Vanessa Munoz, PE, TE
President and CEO
(562) 368-4848 / [email protected]
Cost Proposal for
Bowman Channel Pilot Study / Capital Improvement Plan
City of Ridgecrest
2 February 21, 2024 (Revised March 11, 2024)
City of Ridgecrest
100 West California Avenue
Ridgecrest, CA 93555
Attn: Travis Reed, Deputy City Manager/Public Works Director Subject: Cost Proposal for Pinney Pool Construction Management Project Willdan is pleased to submit our cost proposal to the City of Ridgecrest for the Pinney Pool project.

Please find attached our detailed fee proposal for all services and materials anticipated in completing the project based on the scope of services.

As the proposed project manager for this important City project and team lead, you may reach Mike Bustos at the following address, phone number or email.

Project Manager
Michael Bustos, PE, ENV SP
374 Poli Street, Suite 101
Ventura, CA 93001
(805) 279-6870
[email protected]
We feel strongly about the strength of our credentials and our abilities to meet and exceed the requested services identified by the City and look forward to continue serving the City of Ridgecrest. If there are any questions regarding this proposal, please contact me as indicated above.

Respectfully submitted,

WILLDAN ENGINEERING
Vanessa Munoz, PE, TE
President and CEO
(562) 368-4848 / [email protected]
Cost Proposal for
Pinney Pool Construction Management
City of Ridgecrest
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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 2024-2025 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 17, 2024) 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 2024-2025 CITY MANAGER’S RECOMMENDATION:

Submitted by: Christopher Smith Action Date: March 20, 2024 This Page Intentionally Left Blank
RESOLUTION 24- 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 2024-2025
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”; and,
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 20, 2024, 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 20, 2024; and, 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 2024.

City of Ridgecrest
Resolution 24-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 20th day of March, 2024, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________________
Eric Bruen, Mayor
ATTEST:
__________________________________
Ricca Charlon, City Clerk
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CITY COUNCIL AGENDA ITEM
SUBJECT: Second Reading And Adoption Of An Ordinance Of The Ridgecrest City Council Amending The Ridgecrest Municipal Code Concerning Accessory Structures PRESENTED BY: Heather Spurlock, City Planner

BACKGROUND
The Ridgecrest Municipal Code's section 106-28 deals with accessory structures. However, the current code section is insufficient in ensuring that the development of accessory structures aligns with the goals and objectives of the general plan and land use principles. To address this, the proposed amendment aims to clarify the development standards for accessory structures, including building heights, setbacks, types of structures, and the specific zoning districts that permit various structures.

On January 23, 2024 the Planning Commission heard this item and recommended that City Council approve the proposed code amendment and make a finding that this Zoning Code Amendment is except from CEQA pursuant to Sections 15061(b)(3) and 15378.

On February 21, 2024, the City Council approved the introduction of the ordinance. Following Council approval, the City Clerk published the public notice for this meeting.

ANALYSIS
Accessory buildings or structures are those structures that are secondary to the main building or structure. The proposed amendment sets out the following development guidelines:
• Detached accessory structures should not be more than 2/3 of the size of the primary dwelling.
• Accessory buildings cannot exceed the height of the primary dwelling. • Cargo containers are permitted in industrial, agricultural, and institutional zones. • In commercial zones, cargo containers may be permitted through a conditional use permit. • Temporary storage containers (PODS) can be used for up to 30 days in residential zones and up to 90 days in commercial zones.
• If the public works director finds that a proposed accessory structure is appropriate for the property, compatible with the development in the surrounding area, and does not pose any health or safety risks, height and size limits may be increased.

These guidelines are consistent with and partially based on the Kern County zoning code.

Environmental Analysis
This Ordinance is not subject to environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378 because it can be seen with certainty that the Ordinance has no possibility of a significant effect on the environment. This Ordinance concerns organizational and administrative activities involving clarifications or interpretations of existing Zoning Code regulations and it can be seen with certainty that it will not result in any physical changes in the environment. Anything approved per this code section would undergo its own CEQA review once an application was submitted.

RECOMMENDED MOTIONS:

Motion to waive reading in full of an Ordinance of the Ridgecrest City Council, amending the Ridgecrest Municipal Code concerning Accessory Structures.

Requires a second
Motion to adopt, by title only, an Ordinance of the Ridgecrest City Council, amending the Ridgecrest Municipal Code concerning Accessory Structures.

Requires a second
FISCAL IMPACT: None
ACTION REQUESTED: Approve recommended motions
CITY MANAGER RECOMMENDATION: Action as requested
Submitted by: Heather Spurlock Action Date: March 20, 2024 ORDINANCE NO. 24-02

AN ORDINANCE OF THE CITY COUNCIL OF RIDGECREST
AMENDING SECTION 106-28 OF CHAPTER 106 (ZONING) OF

THE RIDGECREST MUNICIPAL CODE REGARDING

ACCESSORY STRUCTURES
WHEREAS, California Constitution Article XI, Section 7, enables the City of Ridgecrest (the “City”) to enact local planning and land use regulations; WHEREAS, the authority to adopt and enforce zoning regulations is an exercise of the City’s police power to protect the public health, safety, and welfare; WHEREAS, the City desires to ensure that development occurs in a prudently effective manner, in accordance with the goals and objectives of the General Plan and reasonable land use planning principles;
WHEREAS, the City desires to update its regulations related to accessory buildings and structures which are not qualified as Accessory Dwelling Units (ADUs).

WHEREAS, the planning commission held a public hearing and considered the proposed ordinance and recommended for Council approval; and

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIDGECREST, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are true and correct and incorporated herein by reference.

SECTION 2. Section 106-28 (Accessory Structures) of ARTICLE I (IN GENERAL) of Chapter 106 (ZONING) of Ridgecrest Municipal Code is hereby amended in its entirety to read as follows:
“The following regulations shall apply to the location of accessory buildings unless otherwise provided in this title:

A. Except in the case of accessory dwelling units approved pursuant to Section 106-37 of this title, accessory buildings in residentially zoned areas shall be subject to the requirements of subparagraph (1) of this subsection. Square footage and heights exceeding those specified by this section may be allowed only when approved by the Planning Director and/or the Public Works Director following the procedure described in subsection (2) below. Except for a detached garage, all other accessory buildings shall be located no closer to the front property line than the principal dwelling.

1. Detached accessory buildings shall not exceed two thirds (2/3) of the square footage of the primary dwelling. The accessory building shall not exceed the height of the principal dwelling.

2. Heights and square footages exceeding the maximums otherwise permitted by this section may be allowed if the director makes the following findings:
a. The increased height or square footage will permit appropriate development on the property;
Ordinance 24-02 Page 2 of 3
b. The increased height or square footage is compatible with development in the vicinity; and
c. The increased height or square footage will not be materially detrimental to the public health, safety, or welfare or to property or residents in the vicinity.

B. No accessory buildings on the rear of a reverse corner shall be located nearer to the side lot line on the street side of such reversed corner lot than the front yard depth required on the key lot in the rear.

C. No accessory buildings or structures shall be located within a required front, side, or rear yard, except as provided for in this title.

D. Accessory buildings may be considered a part of the main building if connected by a common wall of not less than five (5) feet in length, or if not more than twenty (20) feet from the main building and connected thereto by a roof of not less than five (5) feet in width.

E. One (1) detached accessory building for use as a private garage may be permitted to occupy the required front yard of an interior lot in residential uses when the slope of the front half of such lot is greater than one (1) foot rise or fall in the horizontal distance of four (4) feet from the established street elevation at the front property line; provided, however, that no portion of any such building shall be less than five (5) feet from the side or front property line of the lot, and further provided that no such building shall exceed thirty-five feet in height, and further provided that no portion of any such building shall encroach upon the required front or side yard setbacks.

F. Cargo containers are permitted "by right" as an accessory structure in the M-1, M-2, RSP, CI, UR, & PA, RA zones. Cargo containers require approval of a conditional use permit in the CN and CS zones. Cargo containers, where permitted, shall not be used for human occupancy. Signs shall not be permitted on, or attached to, cargo containers, except those required by law that contain public safety information for the container. Cargo containers, where permitted, shall not be stacked. Cargo containers shall also be temporarily permitted in any zone district in conjunction with an authorized construction project. Except for temporary cargo containers specifically authorized in conjunction with a construction project, cargo containers shall be painted a uniform earthen hue color (e.g. beige, tan, brown).

G. Except within approved mini-warehouse facilities, temporary, portable on-demand storage units (e.g., PODS) are permitted for up to thirty (30) days in residential, mobile home park zoning districts and up to ninety (90) days in the agricultural, and commercial zoning districts. Additional time may be authorized when the portable storage unit is necessary and related to authorized on-site construction or when approved in conjunction with the approval of a conditional use permit, as provided for in Section 106-128. Signage on such units shall be limited to the name of the manufacturer and public safety information.”
SECTION 3. This Ordinance is not subject to environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378 because it can be seen with certainty that the Ordinance has no possibility of a significant effect on the environment. This Ordinance concerns organizational and administrative activities involving clarifications or interpretations of existing Zoning Code regulations and it can be seen with certainty Ordinance 24-02 Page 3 of 3
that it will not result in any physical changes in the environment. Anything approved per this code section would be categorically exempt or undergo its own CEQA review once an application was submitted.

SECTION 4. Any provision of the Ridgecrest Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of his Ordinance.

SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance shall become effective thirty (30) days after adoption.

Introduced and first read at a meeting of the City Council of the City of Ridgecrest held Feb. 21, 2024.

APPROVED AND ADOPTED: This 20th day of March, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Eric Bruen, Mayor
ATTEST:

Ricca Charlon, City Clerk
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8 This Page Intentionally Left Blank

CITY COUNCIL AGENDA ITEM
SUBJECT: Second Reading And Adoption Of Ordinance 24-03, An Ordinance Of The Ridgecrest City Council Amending The Ridgecrest Municipal Code Concerning R-4 Medium Density Multifamily Residential District
PRESENTED BY: Heather Spurlock, City Planner

BACKGROUND
The Ridgecrest Municipal Code section 106-32 R-4 Medium Density Multifamily Residential was amended in 2015 by Ordinance 15-03. Ordinance 15-03 updated the municipal code to comply with state regulations regarding emergency shelter and density bonuses. However, during the amendment multifamily dwellings were removed as permitted uses in the zoning district. This proposed amendment corrects this error and permits multifamily dwellings as permitted usesin the R-4 Medium Density zoning district.

On January 23, 2024 the Planning Commission heard this item and recommended that City Council approve the proposed code amendment and make a finding that this Zoning Code Amendment is except from CEQA pursuant to Sections 15061(b)(3) and 15378.

On February 2, 2024, the City Council approved the introduction of the amendment. Following the Council approval, the City Clerk has published the public notice on this meeting.

ANALYSIS
Each zoning district includes permitted uses and conditional uses. Permitted uses in the R-2 (Low Density Multifamily Residential) and R-3 (Medium Density Multifamily Residential) zoning districts include multifamily residential dwellings. The R-4 Medium Density Residential zoning district is appropriate for the permitted use of multifamily dwellings. The omission in the current code is a past error that this amendment will correct. This amendment will not increase density in the R-4 zoning district which is 1,000 sq. ft. per dwelling unit.

Environmental Analysis
This Ordinance is not subject to environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378 because it can be seen with certainty that the Ordinance has no possibility of a significant effect on the environment. This Ordinance concerns organizational and administrative activities involving clarifications or interpretations of existing Zoning Code regulations and it can be seen with certainty that it will not result in any physical changes in the environment. Anything approved per this code section would be either categorically exempt from CEQA or undergo its own environmental review once an application is submitted
RECOMMENDED MOTIONS:

Motion to waive reading in full of an Ordinance of the Ridgecrest City Council, amending the Ridgecrest Municipal Code concerning R-4 Medium Density Multifamily Residential District.

Requires a second
Motion to adopt, by title only, an Ordinance of the Ridgecrest City Council, amending the Ridgecrest Municipal Code concerning R-4 Medium Density Multifamily Residential District.

Requires a second
FISCAL IMPACT: None
ACTION REQUESTED: Approve recommended motions
CITY MANAGER RECOMMENDATION: Action as requested
Submitted by: Heather Spurlock Action Date: March 20, 2024 ORDINANCE NO. 24-03

AN ORDINANCE OF THE CITY COUNCIL OF RIDGECREST
AMENDING SECTION 106-32 OF CHAPTER 106 (ZONING) OF
THE RIDGECREST MUNICIPAL CODE REGARDING THE R-4

MEDIUM DENSITY MULTIFAMILY RESIDENTIAL DISTRICT
WHEREAS, California Constitution Article XI, Section 7, enables the City of Ridgecrest (the “City”) to enact local planning and land use regulations; and, WHEREAS, the authority to adopt and enforce zoning regulations is an exercise of the City’s police power to protect the public health, safety, and welfare; and, WHEREAS, the City desires to ensure that development occurs in a prudently effective manner, in accordance with the goals and objectives of the General Plan and reasonable land use planning principles; and,
WHEREAS, the City desires to update its regulations related to the R-4 Medium Density Multifamily Residential District to include multifamily residential dwellings as a permitted use; and, WHEREAS, the planning commission held a public hearing and considered the proposed ordinance and recommended for Council approval.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIDGECREST, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. The recitals above are true and correct and incorporated herein by reference.

SECTION 2. Section 106-321 (R-4 Medium Density Multifamily Residential District) of Division 1 (Generally) of Article IV (Zoning District Regulations) of Chapter 106 (ZONING) of Ridgecrest Municipal Code is hereby amended in its entirety to read as follows:
“(a) Application. This section shall apply to the R-4 Medium Density Multifamily Residential District unless otherwise provided in this Code.
(b) Permitted uses. The following uses may be permitted subject to the application for a site plan review pursuant to division 4 of article II of this chapter.
(1) Multifamily residential dwellings.
(2) A one-family dwelling.
(3) Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure area both located on adjacent lots which meet minimum area requirements.
(4) Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.
(5) Home occupations.
(6) Accessory dwelling units subject to the requirements of section 106-37. (7) Emergency shelters.
(c) Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter.

Ordinance 24-03 Page 2 of 3
(1) Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges, day care centers, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions. (2) Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, but not including hospitals, sanitariums, rest homes or nursing homes for mental or drug addict or liquor addict cases.
(3) Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers.
(4) Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks. (5) Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and model home display areas. (6) Lodges, social halls, fraternal organizations operated by a nonprofit organization. (7) Mobilehome parks.
(8) Parking lots.
(9) Bed and breakfast inns.
(d) Site area. The minimum site area shall be 6,000 square feet. (e) Building height. Building height shall not exceed 35 feet. (f) Lot frontage. Each site shall not have less than 60 feet of frontage on a public street, except that those sites which front on a cul-de-sac or knuckle may have a frontage of not less than 40 feet. (g) Lot width. The minimum lot width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width. (h) Lot depth. The minimum depth of each lot shall be no less than 100 feet. (i) Site density. The minimum site area per dwelling unit shall be 1,000 square feet. (j) Coverage. The maximum site area covered by structures shall not exceed 70 percent. (k) Yard requirements.
(1) Front yard. The minimum front yard setback shall be ten feet with no parking permitted in the setback except on driveways, which shall accommodate no more than one automobile per dwelling unit nor occupy more than 75 percent of the setback area. On a cul-de-sac or knuckle lot, the minimum front yard setback line shall be determined by scribing a straight line between two points located ten feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than eight feet.
(2) Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.
(3) Side yard. The minimum side yard setback on each side of a main building shall not be less than five feet except that on the street side of corner lots there shall be a side yard of not less than ten feet.

Ordinance 24-03 Page 3 of 3
(4) Garages and carports. Garages and carports taking direct access from the street shall provide a minimum of 20 feet of parking space between the structure and the front or street side property line. When adjacent to an alley, they shall be no less than 15 feet from centerline of said alley. (l) Site plan review. All uses in the R-4 district except single-family dwelling shall comply with the provisions of division 4 of article II of this chapter.

SECTION 3. 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 SECTION 4. Any provision of the Ridgecrest Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of his Ordinance.

SECTION 5. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.

SECTION 6. The Mayor shall sign and the City Clerk shall attest to the passage of this Ordinance.

The City Clerk shall cause the same to be published once in the official newspaper within fifteen (15) days after its adoption. This Ordinance shall become effective thirty (30) days after adoption.

Introduced and first read at a meeting of the City Council of the City of Ridgecrest held Feb. 21, 2024.

APPROVED AND ADOPTED: This 20th day of March, 2024 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Eric Bruen, Mayor
ATTEST:

Ricca Charlon, City Clerk
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