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
April 17, 2024
Closed Session 5:30 p.m.
Regular Session 6:00 p.m.
City Hall, Council Chambers
100 100 West California Avenue
Ridgecrest CA 93555
Ricca Charlon, 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:
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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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100 W. CALIFORNIA AVE. | RIDGECREST, CA 93555
Phone 760.499.5000 | Fax 760.499.1520
www.ridgecrest-ca.gov
NOTICE AND CALL OF A SPECIAL CLOSED SESSION MEETING OF THE
RIDGECREST CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY /
HOUSING AUTHORITY / FINANCING AUTHORITY
TO THE MEMBERS OF THE RIDGECREST CITY COUNCIL / SUCCESSOR
REDEVELOPMENT AGENCY / HOUSING AUTHORITY / FINANCING AUTHORITY, PUBLIC AND CITY CLERK:
PUBLIC NOTICE that a SPECIAL CLOSED SESSION MEETING of the Ridgecrest City Council/Successor Redevelopment Agency/Housing Authority/Financing Authority is hereby called on:
Wednesday, April 17, 2024 @ 5:30 p.m.
City Council Chambers
100 W. California Avenue
Ridgecrest, California
Said SPECIAL CLOSED SESSION MEETING shall be for the purpose of:
CONFERENCE WITH LEGAL COUNSEL – Potential Litigation (GC § 54956.9) - One case CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: APN 033-070-28-00-3; Located at Ward Ave. and McLean St. (1.46 acres) Property Owner: Redevelopment Agency
Negotiating Parties: City of Ridgecrest & Desert Valleys Federal Credit Union Under Negotiation: Price and terms
Dated: April 11, 2024
Eric A. Bruen, Mayor / Chair
ATTEST:
Ricca Charlon, City Clerk
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RIDGECREST CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY
HOUSING AUTHORITY
AGENDA
Wednesday, April 17, 2024 Closed Session – 5:30 p.m.
Regular Session – 6:00 p.m.
CALL TO ORDER - Roll call
APPROVAL OF AGENDA
PUBLIC COMMENT ON CLOSED SESSION
CLOSED SESSION - CONFERENCE WITH LEGAL COUNCIL
Conference with Legal Counsel – Potential Litigation (GC § 54956.9) - One case CONFERENCE WITH REAL PROPERTY NEGOTIATOR Government Code Section 54956.8 Property: APN 033-070-28-00-3; Located at Ward Ave. and McLean St. (1.46 acres) Property Owner: Redevelopment Agency
Negotiating Parties: City of Ridgecrest & Desert Valleys Federal Credit Union Under Negotiation: Price and terms
REGULAR SESSION
• Pledge Of Allegiance
• Invocation
ATTORNEY REPORT OUT OF CLOSED SESSION
PRESENTATION
1. Public Safety Telecommunicators Week Proclamation Council
2. Property / Evidence Professionals Week Proclamation Council
3. Ridgecrest Police Explorer of the Year Sergeant Lloyd
4. Live Saving Awards – Officer James Quiroz and Officer Jeremiah Lloyd Capt. Tucker 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
AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – April 17, 2024
CONSENT CALENDAR – All Matters Listed Under The Consent Calendar Are To Be Considered Routine And Enacted By One Motion Unless Pulled By A Council Member Or A Member Of The Public.
5. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated April 3, 2024 Charlon
6. A Resolution Of The City Council Of The City Of Ridgecrest, California, Declaring The City’s Intention To Form Landscaping And Lighting District 2024-1; To Concurrently Annex And Consolidate Said District Into The Ridgecrest Consolidated Landscaping And Lighting District No. 2012-1; And To Levy And Collect Annual Assessments Related Thereto Commencing Fiscal Year 2024/2025, Pursuant To The Provisions Of Part 2 Of Division 15 Of The California Streets And Highways Code; And Calling For A Property Owner Protest Proceeding, To Submit To The Qualified Property Owners The Question Of Levying Such Assessments And Establishing An Assessment Range Formula For Said District Pursuant To The Provisions Of The California Constitution, Article XIIID Reed
7. A Resolution Of The Ridgecrest City Council Authorizing The Execution Of The Certifications, Assurances, And Authorized Agent Forms For The Low Carbon Transit Operations Program (LCTOP) Project; Being System-Wide Free Fares For Ridgecrest Transit Passengers, Fiscal Year 2024-2025., In An Amount Not To Exceed $76,828.00 Smith
DISCUSSION AND ACTION ITEMS
8. Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) Hayman
ORDINANCES
9. Introduction And First Reading Of An Ordinance Of The City Council Of Ridgecrest Granting A Non-Exclusive Taxi Franchise – Blue Line Taxi Captain Tucker
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 Conference Room B, 1
st Floor
➢ Report from 4/9/24
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 04/24/24
Infrastructure Committee
Members: Solomon Rajaratnam and Kyle Blades
Meeting: 4th Thursday each month at 5:00 p.m.
Location: City Hall Conference Room B, 1
st Floor
➢ 03/28/24 -Canceled for lack of Quorum
AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – April 17, 2024
Economic Development Committee
Members: Kyle Blades and Solomon Rajaratnam
Meeting: 1st Monday of the month @ 5:15 p.m.
Location: City Hall Conference Room B, 1
st Floor
➢ 04/01/24 - Canceled
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: City Hall Council Chambers
➢ Next meeting May 7, 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
➢ Report from 04/04/24
OTHER COMMITTEES, BOARDS, OR COMMISSIONS
CITY MANAGER REPORT
FUTURE AGENDA ITEMS
MAYOR AND COUNCIL COMMENTS
ADJOURNMENT
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A Proclamation of
The City of Ridgecrest, California
RIDGECREST HONORS NATIONAL PUBLIC SAFETY
TELECOMMUNICATORS WEEK
APRIL 14-20, 2024
WHEREAS, the Dispatchers of the Ridgecrest Police Department play an essential role in safeguarding the rights and freedoms of the City of Ridgecrest; and, WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people of the community by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and, WHEREAS, the Dispatchers of the Ridgecrest Police Department unceasingly provide a vital public service.
NOW, THEREFORE, the Ridgecrest City Council hereby proclaims April 14th through April 20th 2024, as “National Public Safety Telecommunicators Week” in the City of Ridgecrest in honor of the Ridgecrest Police Department Dispatchers.
Proclaimed this 17th Day of April 2024
Eric A. Bruen
Mayor
Kyle Blades
Vice Mayor
Solomon P. Rajaratnam
Mayor Pro Tem
L. Scott Hayman
Council Member
John ‘Skip’ Gorman
Council Member
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A Proclamation of
The City of Ridgecrest, California
RIDGECREST HONORS
PROPERTY & EVIDENCE PROFESSIONALS
APPRECIATION WEEK APRIL 1-7, 2024
WHEREAS, the Property & Evidence Clerk of the Ridgecrest Police Department plays an essential role in safeguarding the rights and freedoms of the City of Ridgecrest; and, WHEREAS, it is important that all citizens know and understand the duties, responsibilities, hazards, and sacrifices of their law enforcement agency, and that members of our law enforcement agency recognize their duty to serve the people of the community by safeguarding life and property, by protecting them against violence and disorder, and by protecting the innocent against deception and the weak against oppression; and,
WHEREAS, the Property & Evidence Clerk of the Ridgecrest Police Department unceasingly provide a vital public service.
NOW, THEREFORE, the City of Ridgecrest City Council hereby proclaims April 1st through April 7th, 2024, as “Property & Evidence Professionals Appreciation Week” in the City of Ridgecrest in honor of the Ridgecrest Police Department’s Property & Evidence Clerk.
Proclaimed this 17th Day of April 2024
Eric A. Bruen
Mayor
Kyle Blades
Vice Mayor
Solomon P. Rajaratnam
Mayor Pro Tem
L. Scott Hayman
Council Member
John ‘Skip’ Gorman
Council Member
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated April 3, 2024
PRESENTED BY: Ricca Charlon, City Clerk
SUMMARY:
Draft Minutes of the City Council / Successor Redevelopment Agency / Housing Authority / Financing Authority Regular Meeting Dated April 3, 2024 FISCAL IMPACT: None
ACTION REQUESTED: Approve minutes
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: April 17, 2024 This Page Intentionally Left Blank
RIDGECREST CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY
HOUSING AUTHORITY
Draft Minutes
Wednesday, April 3, 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 – 5:32 p.m.
Council Present: Mayor Eric A. Bruen (5:33 PM arrival); Mayor Pro-Tem Solomon P. Rajaratnam; Vice Mayor Kyle Blades; Council Member L. Scott Hayman
Absent: Council Member Skip Gorman
Staff Present: City Attorney M. Koczanowicz; City Manager Strand; Public Works Director Reed; Parks & Rec Director Wegener; City Planner Spurlock
APPROVAL OF AGENDA
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.
Emergency items added to agenda:
Closed Session:
Conference with Legal Counsel- Existing Litigation Mojave Pistachio Blades-Hayman 4 Ayes; 1 Absent
Discussion & Action Item:
Increased Appropriations Freedom Park Well Item #6
Blades-Hayman 4 Ayes; 1 Absent
Approval of Amended Agenda
Blades-Hayman 4 Ayes; 1 Absent
PUBLIC COMMENT ON CLOSED SESSION
5:36 None Made
CLOSED SESSION - CONFERENCE WITH LEGAL COUNCIL
Conference with Legal Counsel – Potential Litigation (GC § 54956.9) - One case Conference with Legal Counsel- Existing Litigation Mojave Pistachio Blades-Hayman- 4 Ayes; 1 Absent
REGULAR SESSION 6:18 PM
ATTORNEY REPORT OUT OF CLOSED SESSION
No action/report out on existing litigation
Rejected claim of State Farm/Valdivia
PRESENTATION
1. Annual Comprehensive Financial Report (ACFR)
DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – April 3, 2024
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA
Comments made by: N. Wakley, R. Blackwell
COUNCIL ANNOUNCEMENTS/DIRECTION
CONSENT CALENDAR
2. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated March 20, 2024 Charlon
3. A Resolution Of The City Council Of The City Of Ridgecrest Authorizing The Update And Implementation Of The Ridgecrest Transit Title VI Plan For 2024 Smith
4. A Resolution Of The Ridgecrest City Council To Deny The Base Bid As Submitted By All Contractors For The Emergency Response Crack Fill Project, Federal Project No. ER-5383(068) Reed Motion To Approve Consent Calendar – Rajaratnam-Blades 4 Ayes; 1 Absent
DISCUSSION AND ACTION ITEMS
5. A Resolution Of The Ridgecrest City Council To Accept The Base Bid As Submitted By CLC Construction Inc. In The Amount Of Sixty-Six Thousand Five-Hundred And Forty Dollars And No Cents ($66,540.00) And Up To A Fifteen Percent (15%) Contingency In The Amount Of $9,981.00 And Authorize The City Manager, Ronald Strand, To Execute The Contract Wegener Motion To Approve Item 5 – Blades-Hayman 4 Ayes; 1 Absent
6. A Resolution Of The Ridgecrest City Council Approving Increased Appropriations In The Annual Budget For An Emergency Well Repair In Freedom Park Wegener Motion to Approve Item 6- amended with 30% contingency Blades -Hayman 4 Ayes; 1 Absent
ORDINANCE
7. Introduction And First Reading, An Ordinance Of The Ridgecrest City Council Amending The Ridgecrest Municipal Code Chapter 106 (Zoning) Regarding Residential Care Homes And Employee Housing And A Finding That The Amendment Of The Zoning Code Is Not Subject To Environmental Review Under CEQA Spurlock
Motion To Introduce, By Title Only, An Ordinance Of The Ridgecrest City Council Amending The Ridgecrest Municipal Code Chapter 106 (Zoning) Regarding Residential Care Homes And Employee Housing And A Finding That The Amendment Of The Zoning Code Is Not Subject To Environmental Review Under CEQA - Blades – Hayman 4 Ayes; 1 Absent
Motion To Waive Reading In Full An Ordinance Of The Ridgecrest City Council Amending The Ridgecrest Municipal Code Chapter 106 (Zoning) Regarding Residential Care Homes And Employee Housing And A Finding That The Amendment Of The Zoning Code Is Not Subject To Environmental Review Under CEQA - Blades – Rajaratnam 4 Ayes; 1 Absent
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 Conference Room B, 1
st Floor
➢ Next meeting 4/9/24
DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – April 3, 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
➢ Next meeting 04/24/24
Infrastructure Committee
Members: Solomon Rajaratnam and Kyle Blades
Meeting: 4th Thursday each month at 5:00 p.m.
Location: City Hall Conference Room B, 1
st Floor
➢ Report from 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 Conference Room B, 1
st Floor
➢ Report from 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: City Hall Council Chambers
➢ Report from 04/02/24
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
Municipal Code Amendment Definition of Tenant
Support of Radio Club Event
MAYOR AND COUNCIL COMMENTS
ADJOURNMENT 7:37 PM
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Of The City Council Of The City Of Ridgecrest, California, Declaring The City’s Intention To Form Landscaping And Lighting District 2024-1; To Concurrently Annex And Consolidate Said District Into The Ridgecrest Consolidated Landscaping And Lighting District No. 2012-1; And To Levy And Collect Annual Assessments Related Thereto Commencing Fiscal Year 2024/2025, Pursuant To The Provisions Of Part 2 Of Division 15 Of The California Streets And Highways Code; And Calling For A Property Owner Protest Proceeding, To Submit To The Qualified Property Owners The Question Of Levying Such Assessments And Establishing An Assessment Range Formula For Said District Pursuant To The Provisions Of The California Constitution, Article XIIID
PRESENTED BY: Travis Reed, Public Work Director
SUMMARY: Pursuant to RMC, Section 105-33 (h). the Mojave View development, is required to provide a maintenance district to cover the cost of operating and maintaining landscaping and lighting improvements installed in connection with the development of the Facility. Additionally, as a condition of development, area benefitted developers are required to establish a new landscaping and lighting district and/or annex their development into the existing City of Ridgecrest Landscaping and Lighting District No. 2012-1 (“LLD 2012-1”). This initial action by the City Council initiates the process to form Landscaping and Lighting District No. 2024-1 (“LLD 2024-1”) for the Mojave View Development, concurrently annex the Mojave View Development to LLD 2012-1 as Zone No. 06, and declares the City’s intention to levy assessments for the benefitted properties within the Mojave View Development commencing in Fiscal Year 2024/2025. This action also provides a draft preliminarily Engineer’s Report and sets the time and place for the public hearing on this issue and calls for the Proposition 218 balloting of the proposed assessments.
Pursuant to Article XIII D of the California Constitution, an Assessment Ballot will be delivered to the owner(s) of record of the properties within the Mojave View Development (the proposed new LLD 2024-1, which will subsequently be identified as Zone 06 within LLD 2012-1). These ballots will be the property owner’s opportunity to support or oppose the annexation and the levy of assessments.
The total annual maximum assessment amount being balloted for the Mojave View Development as LLD 2024-1 and subsequently as Zone No. 06 of LLD 2012-1 is $17,847.83. The total assessment proposed for Fiscal Year 2024/2025 is $17,847.83. The assessments if approved, will be submitted to the County and collected on the property tax bills for Fiscal Year 2024/2025. Per the RMC, Section 105-33(h) the developer of the Mojave View Development is required to pay all costs for the newly installed improvements after acceptance of the facilities but prior to the time the assessment can be put upon the tax bill for a duration not to exceed one year.
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
FISCAL IMPACT:
1. If the district formation and concurrent annexation is unsuccessful all costs associated with the operation and maintenance of the improvements will be the City’s responsibility if the improvements are installed. However, in such case the level of maintenance will likely be less than the maintenance that would otherwise be supported by the assessments.
If the district formation and concurrent annexation is successful, the proposed assessments will be submitted to the County in August 2024 for the Fiscal Year 2024/2025 tax rolls, but the first installment assessment revenues will not be received until approximately January 2025.
Although the developer of the Mojave View Development is obligated to pay for the O & M of the newly installed improvements for up to one-year, the City may need to temporarily advance funding to the District to cover costs between the beginning of the fiscal year (July 2024) and the time the first assessment installments are received (January 2025).
ACTION REQUESTED:
Adopt the following Resolutions:
1. Initiating proceedings for the formation of Landscaping and Lighting District No. 2024-1 and concurrent annexation to Landscaping and Lighting District No. 2012-1 as Zone 06;
2. Approving the formation of Landscaping and Lighting District No. 2024-1 and concurrent annexation to Landscaping and Lighting District No. 2012-1 as Zone No. 06; authorize the engineers report for circulation and declaring the City’s intention to levy assessments, conduct the required protest ballot proceeding and setting a time and place for the public hearing.
CITY MANAGER’S RECOMMENDATION: Action as Requested
Submitted by: Travis Reed Action Date: April 17, 2024
RESOLUTION NO. 24 - Xx
A RESOLUTION OF THE RIDGECREST CITY COUNCIL INITIATING PROCEEDINGS FOR THE FORMATION OF LANDSCAPING AND LIGHTING DISTRICT NO. 2024-1;
THE CONCURRENT ANNEXATION AND CONSOLIDATION OF SAID DISTRICT INTO THE RIDGECREST LANDSCAPING AND LIGHTING DISTRICT NO. 2012-1 AS ZONE NO. 6; AND DIRECTING THE PREPARATION AND FILING OF AN ENGINEER’S REPORT RELATED THERETO, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE WHEREAS, the City Council of the City of Ridgecrest (“City”), pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code (“1972 Act”), desires to initiate proceedings for the formation of an assessment district known and designated as:
CITY OF RIDGECREST
LANDSCAPING AND LIGHTING DISTRICT NO. 2024-1
(“District”), and to levy and collect annual assessments on parcels within the District commencing in fiscal year 2024/2025 to pay for the proportional special benefit received for the operation, maintenance, and servicing of the landscaping and lighting improvements, and appurtenant facilities related thereto; and
WHEREAS, pursuant to Chapter 2, Article 2 of the 1972 Act, the City Council desires to concurrently annex and consolidate the District into the Ridgecrest Landscaping and Lighting District No. 2012-1 (“LLD 2012-1”) as Zone No. 6; and
WHEREAS, pursuant to Chapter 2, Article 1 Section 22585 of the 1972 Act, proceedings for the formation of an assessment district shall be initiated by resolution and that resolution shall generally describe the proposed improvements, describe the proposed assessment district and specify a distinctive designation for the district and order the engineer to prepare and file a report in accordance with Article 4 (commencing with Section 22565) of Chapter 1 of the 1972 Act; and WHEREAS, the City has retained Willdan Financial Services (“Willdan”) as the Assessment Engineer of Work for the purpose of assisting with the formation of the District, the establishment of assessments, and to prepare and file a report with the City Clerk concerning the formation of Landscaping and Lighting District 2024-1, the concurrent annexation and consolidation of the District into LLD 2012-1 as Zone 6, and the proposed annual assessments to be levied and collected on the County tax rolls pursuant to the provisions of Chapter 4, Article 2 of the 1972 Act and the provisions of the California Constitution Article XIIID (the “Constitution”).
NOW, THEREFORE, BE IT RESOLVED by the City Council of Ridgecrest, California, as follows:
1. The foregoing recitals are true and correct.
2. The City proposes to form Landscaping and Lighting District 2024-1 incorporating the parcels of land within the development area known as the Mojave View Apartments located within the City of Ridgecrest, at the northeast corner of N Norma Street and Mojave View Avenue; to establish the maximum assessment for fiscal year 2024/2025 including an inflationary adjustment (assessment range formula); and to levy and collect annual assessments for the District commencing in fiscal year 2024/2025 to pay for the operation, maintenance, and servicing of local landscaping and lighting improvements, and appurtenant facilities related thereto.
RESOLUTION NO. 24 - Xx
3. The territory to be included within the District as described above incorporates a single parcel totaling approximately five acres (5.070 acres), identified on the Kern County Assessor’s Parcel Map Book 067, Page 040, Parcel 29. By reference, this map is made part of this resolution.
4. The improvements for which the District is formed, may generally include the local landscaping and lighting improvements within the street rights-of-way, easements, and/or other public areas that are adjacent to and installed in connection with development of the Mojave View Apartments that provide a particular and distinct benefit (special benefit) to that property. These local landscaping and lighting improvements have been installed specifically for the benefit of this development and the maintenance and servicing of the improvements generally include, but are not limited to, the materials, equipment, utilities, labor, and incidental expenses, including administrative expenses, required for annual operation, as well as the performance of periodic repairs and replacement activities as needed to provide for the growth, health, and beauty of the trees and landscaping within specified public rights-of-way and/or dedicated easements, the proper operation and functioning of related landscape facilities including, irrigation and drainage systems, and hardscapes; and the proper operation of the public street lights and street lighting system within the adjacent public rights-of-way.
5. In accordance with Chapter 2 Article 1 Section 22586 of the 1972 Act, the City Council hereby directs the Assessment Engineer Work to prepare and file with the City Clerk an Engineer's Report concerning the formation of the District; the concurrent annexation and consolidation of the territory within the District to LLD 2012-1; the improvements and services connected therewith and the annual assessments that may be levied and collected commencing with the fiscal year 2024/2025, in accordance with Chapter 1 Article 4 (commencing with Section 22565) of the 1972 Act.
PASSED, APPROVED, AND ADOPTED this 17th day of April, 2024.
Ayes:
Noes:
Absent:
Abstained:
__________________________________
Eric A. Bruen, Mayor of the
City of Ridgecrest, California
ATTEST:
_____________________________
Ricca Charlon, City Clerk of the
City of Ridgecrest, California
RESOLUTION NO. 24 - Xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIDGECREST, CALIFORNIA, DECLARING THE CITY’S INTENTION TO FORM LANDSCAPING AND LIGHTING DISTRICT 2024-1; TO CONCURRENTLY ANNEX AND CONSOLIDATE
SAID DISTRICT INTO THE RIDGECREST CONSOLIDATED LANDSCAPING AND LIGHTING DISTRICT NO. 2012-1; AND TO LEVY AND COLLECT ANNUAL ASSESSMENTS RELATED THERETO COMMENCING FISCAL YEAR 2024/2025, PURSUANT TO THE PROVISIONS OF PART 2 OF DIVISION 15 OF THE CALIFORNIA STREETS AND HIGHWAYS CODE; AND CALLING FOR A PROPERTY OWNER
PROTEST PROCEEDING, TO SUBMIT TO THE QUALIFIED PROPERTY OWNERS
THE QUESTION OF LEVYING SUCH ASSESSMENTS AND ESTABLISHING AN
ASSESSMENT RANGE FORMULA FOR SAID DISTRICT PURSUANT TO THE
PROVISIONS OF THE CALIFORNIA CONSTITUTION, ARTICLE XIIID WHEREAS, the City Council of the City of Ridgecrest (“City”) pursuant to the provisions of the Landscaping and Lighting Act of 1972, Division 15, Part 2 of the California Streets and Highways Code (“1972 Act”), did by previous resolution, initiated proceedings for the formation of a landscaping and lighting district to be known and designated as:
CITY OF RIDGECREST
LANDSCAPING AND LIGHTING DISTRICT NO. 2024-1
(“District”), to concurrently annex the District into the Ridgecrest Landscaping and Lighting District No. 2012-1 (“LLD 2012-1”) as Zone No. 6, and to levy and collect annual assessments on parcels within the District and subsequent Zone commencing in fiscal year 2024/2025 to pay for the operation, maintenance, and servicing of landscaping and lighting improvements, and appurtenant facilities related thereto that provide a special benefit to the assessed properties therein; and, WHEREAS, the City has retained Willdan Financial Services as the Assessment Engineer of Work for the purpose of assisting with the formation of the District, the establishment of annual assessments connected therewith commencing in fiscal year 2024/2025, and to prepare and file an Engineer’s Report (“Report”) with the City Clerk regarding the formation of the District, the concurrent annexation and consolidation of the District into LLD 2012-1, and the annual assessments connected thereto pursuant to the provisions of Chapter 1, Article 4 of the 1972 Act; and, WHEREAS, the Assessment Engineer of Work has prepared and filed the Report with the City Clerk in connection with the formation of Landscaping and Lighting District No. 2024-1, the concurrent annexation and consolidation of the District into LLD 2012-1, and the establishment of the maximum annual assessment and assessment range formula commencing in fiscal year 2024/2025, pursuant to Section 22623 of the 1972 Act, and said Report has been presented to the City Council, and is incorporated herein by reference; and, WHEREAS, the City desires and intends to form the District, to concurrently annex the District into LLD 2012-1 as Zone No. 6, and to levy and collect annual assessments for the District and/or subsequent Zone No. 6 of LLD 2012-1 to pay for the operation, maintenance, and servicing of local landscaping and lighting improvements, and appurtenant facilities related thereto.
RESOLUTION NO. 24 – Xx Page 2 of 4
NOW, THEREFORE, BE IT RESOLVED by the City Council of Ridgecrest, California, as follows:
1. That the foregoing recitals are true and correct.
2. The Engineer’s Report (“Report”), as presented, is incorporated herein as part of this Resolution, and the Report consists of the following:
2a) The Plans and Specifications which describe the boundaries of the District (subsequently Zone No. 6 of LLD 2012-1) and the improvements associated therewith that provide special benefits to the parcels therein; and
2b) The Method of Apportionment that details the method of calculating the proportional special benefits and the annual assessment obligation for each affected parcel; and 2c) The Estimate of Improvement Costs including the calculation of the assessments and the estimated annual funding (Budget) required for the annual maintenance, servicing, and operation of the landscaping and lighting improvements and specifically the costs associated with the improvements determined to be of special benefit to parcels within the District, establishing the proposed maximum assessment and the assessment for fiscal year 2014/2025; and
2d) The Assessment Range Formula (Annual Inflationary Adjustment) to be applied to the proposed Maximum Assessment Rate per Equivalent Benefit Unit in subsequent fiscal years. The proposed Maximum Assessment including the Assessment Range Formula shall be presented to the property owner(s) of record in a protest ballot proceeding pursuant to the California Constitution Article XIIID; and
2e) A District Diagram, which identifies the boundaries of the District and the location of the improvements to be maintained; and
2f) An Assessment Roll containing the proposed maximum assessment for fiscal year 2024/2025 for each Assessor Parcel Number within the District and subsequently as Zone No. 6 of Landscaping and Lighting District No. 2012-1, based on the maximum assessment rate, assessment range formula, and method of apportionment described therein.
3. The City Council has reviewed the Report as presented and is satisfied that the Report contains the documentation set forth in section 2 above and said Report is hereby accepted and approved on a preliminary basis as submitted or amended by direction of this City Council and is hereby ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.
4. The City Council hereby finds that the territory within the proposed District as identified in the Engineer’s Report consists of and includes those lots, parcels and subdivisions of land that will receive special benefits from the improvements to be provided.
5. The proposed improvements and services for the District as identified in the Engineer’s Report, include, but are not limited to, the maintenance, operation and servicing of local street lighting, and landscaping improvements established in connection with development of the properties within the District, and which shall be maintained for the special benefit of those properties. The maintenance and servicing of the improvements generally include, but are not limited to, the materials, equipment, utilities, labor, and incidental expenses, including administrative expenses, RESOLUTION NO. 24 – Xx Page 3 of 4
required for annual operation, as well as the performance of periodic repairs and replacement activities as needed to provide for the growth, health, and beauty of the landscaping within specified public areas, rights-of-way and/or dedicated easements, the proper operation and functioning of related amenities including, irrigation and drainage systems, hardscapes, sidewalks, and any other equipment or facilities related to the landscape areas; and the proper operation of the public street lights and street lighting system within the public rights-of-way which may include, but is not limited to the furnishing of electric current or other illuminating agent; as needed maintenance, repair, and replacement of worn out electrical components and light fixtures, including bulbs, ballasts, photoelectric cells, meters, electrical cables; repair or replacement of damaged poles, ground wires, and conduits caused by accidents, vandalism, time, and weather. The Engineer’s Report prepared and filed with the City Clerk provides a more detailed description of the improvements and services to be provided and for which properties shall be assessed.
6. The City Council hereby determines that to provide the improvements described in section 6 of this resolution, it is necessary to levy and collect assessments against lots and parcels within the District commencing in fiscal year 2024/2025. The Engineer’s Report referred to in Section 2 of this resolution establishes the fiscal year 2024/2025 proposed maximum assessment for the District including the annual inflationary adjustment to the maximum assessment rate.
7. The City Council hereby declares its intention to form the landscaping and lighting district to be known and designated as:
CITY OF RIDGECREST
LANDSCAPING AND LIGHTING DISTRICT NO. 2024-1
(“District”), to concurrently annex and consolidate the District into the Ridgecrest Landscaping and Lighting District No. 2012-1 as Zone No. 6, and to levy and collect annual assessments on parcels therein commencing in fiscal year 2024/2025 to pay for the operation, maintenance, and servicing of landscaping and lighting improvements, and appurtenant facilities related thereto, in accordance with the 1972 Act and the provisions of the California Constitution Article XIIID.
The City Council further finds that the public’s best interest requires such action and levy of assessments and declares its intention to conduct a public hearing regarding the formation of the District, the annexation and consolidation of said District as Zone No. 6 within LLD 2012-1, and the levy of assessments pursuant to the provisions of the 1972 Act and the California Constitution Article XIIID and thereby calls for a property owner protest balloting proceeding related thereto.
8. The City Council hereby declares its intention to conduct a public hearing concerning the levy of assessments for the District in accordance with Government Code, Section 54954.6 and Section 4(e) of Article XIIID of the California Constitution; and, notice is hereby given that a public hearing on these matters will be held by the City Council on Wednesday, May 1, 2024 at 6:00 P.M., or as soon thereafter as feasible, in the City Council Chambers, located at 100 West California Avenue, Ridgecrest, CA. At the public hearing, all interested persons shall be afforded the opportunity to hear and be heard.
9. Pursuant to California Constitution Article XIIID, the City Council hereby calls for an assessment ballot proceeding on the matter of confirming the proposed new assessments for the District. The ballot(s) and notice(s) so authorized shall be distributed by first class mail to the property owner(s) of record as of the last County equalized roll, and each property owner may return the ballot by mail or in person to the City Clerk not later than the conclusion of the public hearing for RESOLUTION NO. 24 – Xx Page 4 of 4
these matters. For these proceedings, the owner(s) of 100% of the property to be included in the District and balloted for a new assessment, has petitioned the City Council to waive the right to receive the notice and ballot not less than 45 days before the date of the public hearing pursuant to Article XIIID of the California Constitution and Government Code section 53753.
10. The City Council hereby authorizes and directs the City Clerk or their designee to prepare and mail notice of the public hearing and property owner protest ballot(s) to the property owner(s) of record for each assessed parcel regarding the proposed levy of assessment and the assessment range formula outlined in the Report, for return receipt prior to the date and time of the public hearing set forth in this Resolution.
11. The property owner protest ballot proceeding conducted for the District shall constitute the property owner’s approval or rejection of the annual levy of assessments and assessment range formula. The property owner(s) may return their ballot by mail or in person to the City Clerk no later than the conclusion of the Public Hearing on Wednesday, May 1, 2024. After the close of the Public Hearing, pursuant to Section 4(e) of the California Constitution, the City shall tabulate the ballots returned to determine if a majority protest exists. Only those ballots issued by or on behalf of the City and signed by the property owner of record or authorized representative, shall be considered as valid and shall be weighted according to the proportional financial obligation of each affected property. Majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment.
PASSED, APPROVED, AND ADOPTED this 17th day of April, 2024.
Ayes:
Noes:
Absent:
Abstained:
__________________________________
Eric A. Bruen, Mayor of the
City of Ridgecrest, California
ATTEST:
_____________________________
Ricca Charlon, City Clerk of the
City of Ridgecrest, California
City of Ridgecrest
Engineer’s Report
Formation of
Landscaping and Lighting District No. 2024-1
and the
Concurrent Annexation and Consolidation as
Zone 6 within the
Ridgecrest
Landscaping and Lighting District No. 2012-1
Fiscal Year 2024/2025
Intent Meeting: April 3, 2024
Public Hearing: April 17, 2024
CITY OF RIDGECREST
100 W CALIFORNIA AVE
RIDGECREST, CA 93555
PREPARED BY
WILLDAN FINANCIAL SERVICES
MARCH 2024
27368 Via Industria
Suite 200
Temecula, CA 92590
T 951.587.3500 | 800.755.6864
F 951.587.3510
www.willdan.com
Engineer's Report Affidavit
City of Ridgecrest
Formation of
Landscaping and Lighting District No. 2024-1
Establishment of Annual Assessments, and
Concurrent Annexation and Consolidation of said District as Ridgecrest Landscaping and Lighting District No. 2012-1, Zone 6
City of Ridgecrest,
County of Kern, State of California
This Report and the enclosed descriptions, improvements, budget, diagram, and assessments outline the proposed formation of Landscaping and Lighting District No. 2024-1 and concurrent annexation into Landscaping and Lighting District No. 2012-1 as Zone 6, which incorporates each lot and parcel of land that will receive a special benefit from the proposed improvements to be installed and annually maintained, as the same existed at the time this Report was prepared and presented as part of the Resolution of Intention packet for the consideration of the Ridgecrest City Council. Reference is hereby made to the Kern County Assessor’s Parcel Maps for a detailed description of the lines and dimensions of each lot and parcel within the District. Upon successful formation, the District and the parcels therein shall be concurrently annexed and consolidated into the Ridgecrest Landscaping and Lighting District No. 2012-1 as Zone 6. The undersigned respectfully submits the enclosed Report as directed by the City Council of the City of Ridgecrest Dated this ____________ day of ______________, 2024.
Willdan Financial Services
Assessment Engineer
On Behalf of the City of Ridgecrest
By: ________________________________
Jim McGuire,
Principal Consultant, Project Manager
By: ________________________________
Tyrone Peter
PE # C 81888
By: ________________________________
Travis Reed, Public Works Director
R.C.E. # 93828
Table of Contents
INTRODUCTION ....................................................................................................................... 1 Overview................................................................................................................................................................. 1 Ballot Proceedings................................................................................................................................................ 2 Report Content ...................................................................................................................................................... 3 PART I — PLANS AND SPECIFICATIONS .............................................................................. 5 Description of the District..................................................................................................................................... 5 Improvements and Services................................................................................................................................. 5 Landscaping Improvements........................................................................................................6 Public Street Lighting Improvements..........................................................................................6 Excluded Improvements .............................................................................................................8 PART II — METHOD OF APPORTIONMENT ........................................................................... 9 Legislative Authority and Provisions .................................................................................................................. 9 1972 Act............................................................................................................................................9 California Constitution ...................................................................................................................10 Proposition 218 Benefit Analysis....................................................................................................................... 10 Special Benefits...............................................................................................................................10 General Benefit...............................................................................................................................12 Assessment Methodology .................................................................................................................................. 13 Land Use Classifications in the Consolidted District......................................................................15 Land Use Classifications for the District/Zone...............................................................................15 Calculation of Equivalent Benefit Units (Assigned by Square Footage) .......................................19 PART III — ESTIMATE OF COSTS..........................................................................................21 Calculation of Assessments............................................................................................................................... 21 Budget Establishing the Maximum Assessment Rate..................................................................................... 21 Assessment Range Formula .............................................................................................................................. 23 PART IV — DISTRICT DIAGRAM............................................................................................24 District/Zone Diagram ......................................................................................................................................... 25 PART V — ASSESSMENT ROLL ............................................................................................26 City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Introduction
Overview
Pursuant to the provisions of the Landscape and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code, commencing with Section 22500 (the “1972 Act”), and in compliance with the substantive and procedural requirements of Article XIIID of the California State Constitution (the “California Constitution”), the City Council of the City of Ridgecrest, County of Kern, State of California (the “City”), propose to form a special benefit assessment district designated as:
Landscaping and Lighting District No. 2024-1
(hereafter referred to as “District 2024-1”), which includes all lots and parcels of land that will receive special benefits from the maintenance, servicing and operation of street lighting and landscaping improvements associated with, constructed, and/or installed in connection with the multi-family residential development known as the Mojave View Apartments. Upon successful formation of District 2024-1, the development and properties described herein shall concurrently be annexed and consolidated as Zone 6 within the Ridgecrest Landscaping and Lighting District No. 2012-1 (hereafter referred to as the “Consolidated District”). This Engineer’s Report (“Report”) has been prepared in connection with the formation of District 2024-1 and the levy and collection of annual assessments related thereto as required pursuant to Chapter 1, Article 4 of the 1972 Act and shall serve as the detailed engineer’s report for fiscal year 2024/2025 for the proposed new assessment district and zone.
The City Council proposes to form District 2024-1, concurrently annex said district and parcels therein to the Consolidated District, and collect annual assessments on the County tax rolls commencing in fiscal year 2024/2025, to provide funding for the ongoing special benefit costs and expenses required to service, maintain and operate the street lighting and landscaping improvements within the public rights-of-way associated with and resulting from the development of properties within District 2024-1. The improvements to be provided within District 2024-1 and subsequently as Zone 6 of the Consolidated District (hereafter referred to collectively as “District/Zone”) and the assessments described herein are established pursuant to the 1972 Act and the provisions of the California Constitution. The specific plans and specifications for the improvements to be maintained are on file in the Ridgecrest Public Works Department and by reference these plans and specifications are made part of this Report.
To adequately provide for and fully fund the street lighting, landscaping and appurtenant improvements within the public rights-of-way that are considered special benefits to properties within the District/Zone, the City Council has determined that it is appropriate and in the public’s best interest to establish the District/Zone and to annually levy assessments on the parcel(s) therein to fund the estimated special benefit improvement costs including, but are not limited to the regular annual maintenance and servicing of the improvements; incidental expenditures related to the operation and administration of the District/Zone; and the collection of funds for operational reserves and/or capital improvement expenditures and periodic repairs or rehabilitation projects as authorized by the 1972 Act.
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
The word “parcel,” for the purposes of this Report, refers to an individual property assigned its own Assessment Number by the Kern County Assessor’s Office (referred to as “Assessor’s Parcel Number” or “APN”). The County Auditor/Controller uses Assessor’s Parcel Numbers and specific District Fund Numbers, to identify on the tax roll, properties assessed for special district assessments. The parcel(s) within the District/Zone, shall be assessed proportionately for only those improvements for which the parcel(s) receive special benefit.
Ballot Proceedings
Pursuant to the provisions of Article XIIID, Section 4 of the California Constitution, the City shall conduct a property owner protest ballot proceeding (referred to as “Ballot Proceeding”) for the proposed levy of new assessments as described in this Report. In conjunction with this Ballot Proceeding, the City Council will conduct a noticed public hearing to consider public testimonies, comments, and written protests regarding the formation of District 2024-1, the establishment of said district as Zone 6 within the Consolidated District, and levy of the proposed new assessments. Upon conclusion of the public hearing, property owner protest ballots received will be opened and tabulated to determine whether majority protest exists as defined in Article XIIID of the California Constitution:
“A majority protest exists if, upon the conclusion of the hearing, ballots submitted in opposition to the assessment exceed the ballots submitted in favor of the assessment. In tabulating the ballots, the ballots shall be weighted according to the proportional financial obligation of the affected property.”
After completion of the ballot tabulation, the City Council will confirm the results of the balloting.
If a majority protest exists for the proposed assessment, further proceedings to establish the District/Zone and implement the new assessment shall be abandoned at this time. If tabulation of the ballots indicate that majority protest does not exist for the proposed new assessment and the assessment range formula presented and described herein, the City Council by resolution may adopt this Report (as submitted or amended); approve the assessment diagram (District/Zone Diagram) contained herein as Part IV of this Report; order the formation of District 2024-1 and the concurrent annexation and consolidation of District 2024-1 as Zone 6 within the Consolidated District; order the improvements to be made; and confirm the new assessment as outlined in this Report.
The new assessment, as approved, may be levied and collected on the County tax rolls commencing in fiscal year 2024/2025 together with the assessments for other properties in the Consolidated District. Commencing in fiscal year 2025/2026, the engineer’s annual levy report for the Consolidated District shall incorporate District 2024-1 as Zone 6 and shall address any proposed changes to the improvements, budgets, and assessments related to the District/Zone each fiscal year and the City Council shall hold a noticed public hearing regarding these matters prior to approving and ordering the levy of assessments. At the discretion of the City Council, a separate engineer’s report for District 2024-1 may be prepared and presented, but such a report is not required if the improvements, budgets, and assessments are included in the engineer’s annual levy report for Zone 6 of the Consolidated District.
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
If in any fiscal year, the proposed annual assessment for this District/Zone exceeds the maximum assessment described herein, such an assessment would be considered a new or increased assessment and such an assessment must be confirmed through a mailed property owner protest ballot proceeding before that new or increased assessment may be imposed.
Report Content
This Report consists of five (5) parts:
Part I — Plans and Specifications
Contains a general description of District 2024-1 (Zone 6 of the Consolidated District) and identifies the improvements and services that will provide special benefits to the parcel(s) within the District/Zone. The detailed plans and specifications for the landscaping and lighting improvements are on file in the Ridgecrest Public Works Department.
Part II — Method of Apportionment
Outlines the special and general benefits associated with the improvements to be provided within the District/Zone and the basis upon which the estimated costs to provide such improvements have been apportioned to each parcel of land therein in proportion to the estimated special benefits to be received.
Part III — Estimate of Costs
Identifies the estimated annual funding costs (Budget) required for the maintenance and operation of the street lighting, landscaping, and appurtenant improvements including, but not limited to, annual maintenance and service expenses, utility costs, related incidental expenses, and fund balances authorized by the 1972 Act. This estimate of costs specifically identifies those costs associated with the special benefit to parcel(s) within the District/Zone and establishes the initial maximum assessment for fiscal year 2024/2025 to be approved by the property owner(s) of record within the District/Zone as part of the Ballot Proceeding. This section also identifies and outlines an Assessment Range Formula (inflationary adjust) that provides for an annual adjustment to the maximum assessment rate that establishes limits on future assessments, but also provides for reasonable cost adjustments due to inflation.
Part IV — District/Zone Diagram
A diagram showing the boundaries of the District/Zone and the parcels that receive special benefits from the improvements to be provided and maintained as part of the District/Zone. The lines and dimensions of each lot, parcel, and subdivision of land contained in this diagram are inclusive of the parcel(s) listed in Part V – Assessment Roll of this Report and the corresponding Kern County Assessor’s Parcel Maps for said parcel(s) as they existed at the time this Report was prepared and shall include all subsequent subdivisions, lot-line adjustments, or parcel changes therein. Reference is hereby made to the Kern County Assessor’s maps for a detailed description of the lines and dimensions of each lot and parcel of land within District 2024-1 and subsequently Zone 6 of the Consolidated District.
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Part V — Assessment Roll
A listing of the proposed assessment amount for the Assessor’s Parcel Number(s) within the District/Zone. The “Balloted Maximum Assessment” amount for this parcel represents that parcel’s maximum assessment amount for fiscal year 2024/2025 and is based on the parcel’s calculated proportional special benefit as outlined in Part II — Method of Apportionment, and assessment rate (“Calculated Assessment per EBU”) established by the Budget in Part III — Estimate of Costs.
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Part I — Plans and Specifications
Description of the District
As directed by the City Council, this Report addresses the formation of Landscaping and Lighting District 2024-1 and the concurrent annexation of this district and territory into the Consolidated District (Landscaping and Lighting District No. 2012-1) as Zone 6 (Annexation No. 2024-1) for fiscal year 2024/2025. The District/Zone consists of the property and subdivision of land known as the Mojave View Apartments and identified as Assessor’s Parcel Number 067-040-029-00-4.
This multi-family residential development will receive a particular and distinct benefit from the landscaping and lighting improvements installed in connection with the development of this property located on the northeast corner of N Norma Street and Mojave View Avenue, which is located on the east side of N Norma Street and generally south of W Felspar Avenue and north of W Las Fores Avenue.
The territory within the District/Zone is currently comprised of a single parcel totaling approximately five acres (5.070 acres), identified on the Kern County Assessor’s Parcel Map Book 067, Page 040, Parcel 29. The parcel’s planned development includes approximately 76 multifamily residential units and related common areas and easements. The District/Zone Diagram contained in Part IV of this Report provides a visual representation of the boundaries of the District/Zone and the general location of the improvements to be maintained.
Improvements and Services
The purpose of District/Zone is to provide funding for the continued maintenance, operation and servicing of the local landscaping and lighting improvements within the street rights-of-way, easements, and/or other public areas that are adjacent to and installed in connection with development of the Mojave View Apartments that provide a particular and distinct benefit (special benefit) to that property. These local landscaping and lighting improvements have been installed specifically for the benefit of this development but may also incorporate existing local improvements that would otherwise be necessary or required for the development of such properties including improvements that may in part be beneficial to surrounding properties and/or required for the future development of properties to their full and best use. The specific plans, specifications, and detailed drawings of the improvements for the District/Zone are not bound in this Report but are on file in the City’s Public Works Department and by reference are incorporated and made a part of this Report.
As authorized by the 1972 Act, the special benefit expenses to be funded though annual assessments generally include, but are not limited to all materials, equipment, utilities, labor and incidental expenses including administrative expenses required for the ordinary and usual maintenance, operation, and servicing of the street lights, landscaping, and appurtenant amenities within the public rights-of-way and/or easements which have been dedicated, conveyed or otherwise authorized for the City to operate, service and maintain. These expenses may also include the performance of periodic repairs, replacement and expanded maintenance activities as needed to provide for the growth, health, and beauty of landscaping and the proper operation and functioning of the street lighting, irrigation systems, as well as any related amenities and facilities, materials, and equipment associated with the improvements as authorized by the 1972 Act.
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Landscaping Improvements
The landscaping improvements associated with the District/Zone are considered local improvements installed specifically in connection with the development of the property within its boundaries. The landscaping improvements for the District/Zone to be funded in whole or in part by the assessments incorporates approximately 4,550 square feet of landscape area including the following:
➢ The parkway area behind the sidewalk on the east side of N. Norma Street from Mojave View Avenue (the southern boundary) to the northern boundary of the District/Zone, which is also the northern boundary of parcel 067-040-029-00-4. This area totals approximately 775 square feet of bare ground that will require weed abatement services; and ➢ The parkway area behind the sidewalk at the northeast corner of Mojave View Avenue and N. Norma Street and the area behind the sidewalk along the north side of Mojave View Avenue to the eastern boundary of the District/Zone, which is also the eastern boundary of parcel 067- 040-029-00-4. This improvement area totals approximately 3,775 square feet and is generally comprised of approximately 1,540 square feet of decorative rock and 2,235 square feet of irrigated landscaping.
The maintenance and servicing of the landscape improvements described above may include but is not limited to the regularly scheduled pest/vector control, weed and graffiti abatement; as well as the installation, replacement, and rehabilitation of the surface areas, landscape materials, and facilities. The City’s Public Works Department is currently responsible for overseeing the ongoing maintenance, servicing, and operation of the landscaping improvements within the Consolidated District and shall authorize and schedule such maintenance and servicing as need for this District/Zone based on available funding.
Public Street Lighting Improvements
Within the Consolidated District, the City has identified and classified various types of street light improvements that may be associated with the developments within the Consolidated District including:
“Residential Street Lights”: Street lights located in the public-right-of-way on the street(s) within a residential subdivision or subdivisions; and the spacing, type, and intensity of the street lights is consistent with City’s standards for such streets.
“Perimeter/Shared Street Lights”: Street lights (not categorized as Residential Street Lights) which are located within the public-rights-of-way on the street(s) adjacent to a property or development and/or located on the primary/collector street(s) used to access the property or development (including new and/or existing street lights); and the spacing, type, and intensity of the street lights is consistent with City’s standards for such streets.
These Perimeter/Shared Street Lights may include street lights installed by and for the benefit of a specific development and/or street lights (new or existing improvements) that are proportionately shared and benefit more than one property or development. Although most perimeter/shared street lighting improvements are typically located adjacent to the development or property being assessed (on the same side of the street), in some cases the street lights (particularly those that may be proportionately shared with another development) may also include street lights within a median or across the street from the development.
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
“Development Specific Street Lights”: Street lights located in the public-rights-of-way on the street(s) adjacent to a property or development that have been specifically installed for that property or development and not considered a shared street light improvement. Such lights are most often located on secondary streets in non-residential areas but may also be associated with specific residential parcels or developments. The extent, spacing, type, and intensity of these street lights can vary significantly from one development to the next, and developments with such improvements may be established as separate Zones or Sub-Zones within the Consolidated District rather than being grouped with other developments in a previously established Zone with such improvements.
“Development Specific Traffic Signals”: Traffic signals (including associated safety lights) that have been installed specifically for access to a property or development and not necessarily for overall traffic circulation purposes in the area. The location and type of traffic signals installed for a development, and the cost to maintain the improvements will likely vary from one development to the next, and developments with such improvements may be established as separate Zones or Sub-Zones rather than being grouped with other developments in a previously established Zone with such improvements.
“Intersection Traffic Signals”: While traffic signals located at intersections are not often incorporated as part of the District’s lighting improvements because such signals generally serve a more regional purpose to address traffic circulation (largely a general benefit). However, some traffic signals are installed at specific intersections directly because of property development, and if not for that development, the traffic signal would not be required. In such cases, all, or a portion of the cost to provide the traffic signal may be identified as a special benefit to the surrounding properties.
The various lighting improvements identified above that are funded by assessments may include, but are not limited to: electrical energy, lighting fixtures, poles, meters, conduits, electrical cable and associated appurtenant facilities associated with the street lights. Maintenance, operation, and servicing of these lighting improvements may include but is not limited to the furnishing of electric current or other illuminating agent; as needed maintenance, repair, and replacement of worn out electrical components and light fixtures, including bulbs, ballasts, photoelectric cells, meters, electrical cables; repair or replacement of damaged poles, ground wires, and conduits caused by accidents, vandalism, time, and weather; and monitoring of the Underground Service Alert (USA) network to prevent damage by excavation.
The lighting improvements associated with the District/Zone are identified as local street lighting improvements installed specifically in connection with the development of properties within the proposed district boundaries (Development Specific Street Lights), which includes, but is not limited to:
➢ One (1) development perimeter street light that is adjacent to the development at the northeast corner of N. Norma Street and Mojave View Avenue; and
➢ Two (2) development perimeter street lights located adjacent to the Mojave View Apartments development on the north side of Mojave View Avenue.
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Excluded Improvements
Improvements that are not a part of the District/Zone include, privately owned street lights and/or landscaping improvements located on private property and/or areas designated as Homeowner Association properties or easements. Specifically, not included in the District/Zone improvements is the wrought iron fencing, gates, and any other fencing for the Mojave View Apartments including the fencing adjacent to the landscape maintenance areas. These improvements and facilities shall be provided and maintained by the property owner, property management group or association established in connection with the development of the Mojave View Apartments.
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Part II — Method of Apportionment
Legislative Authority and Provisions
1972 Act
The 1972 Act permits the establishment of assessment districts by agencies for the purpose of providing certain public improvements, which include but are not limited to the acquisition, construction, installation and servicing of landscaping and lighting improvements and related facilities. The 1972 Act requires that the cost of these improvements be levied according to benefit rather than assessed value.
Section 22573 defines the net amount to be assessed as follows:
“The net amount to be assessed upon lands within an assessment district may be apportioned by any formula or method which fairly distributes the net amount among all assessable lots or parcels in proportion to the estimated benefits to be received by each such lot or parcel from the improvements.”
Section 22574 provides for zones as follows:
“The diagram and assessment may classify various areas within an assessment district into different zones where, by reason of variations in the nature, location, and extent of the improvements, the various areas will receive differing degrees of benefit from the improvements. A zone shall consist of all territory which will receive substantially the same degree of benefit from the improvements.”
The formulas used for calculating assessments reflect the composition of parcel(s) within the District/Zone and the improvements and activities to be provided, and have been designed to fairly apportion the cost of providing those improvements based on a determination of the proportional special benefits to such parcel(s), consistent with the requirements of the 1972 Act, the provisions of Article XIIID of the California Constitution (Proposition 218), and the method of apportionment previously established for the Consolidated District.
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
California Constitution
The costs of the proposed improvements addressed and described in Part I of this Report in this Report have been identified and allocated to properties within the District/Zone based on special benefits as outlined by Article XIII D of the California Constitution. The improvements provided, maintained, and serviced for this District/Zone and for which properties may be assessed are considered local landscaping and lighting improvements and related amenities that were installed in connection with the development of the Mojave View Apartments (all property that comprises the District/Zone) and/or would otherwise be necessary or required for the development of property. The assessments and method of apportionment is based on the premise that the maintenance of these local improvements and/or property-related services would otherwise not have been required without the development of the property and the parcel(s) receive a particular and distinct benefit (special benefit) from the ongoing maintenance of the identified improvements as outlined by Article XIII D of the California Constitution:
Article XIIID Section 2d defines District as follows:
“District” means an area determined by an agency to contain all parcels which will receive a special benefit from a proposed public improvement or property-related service.” Article XIIID Section 2i defines Special Benefit as follows:
“Special benefit” means a particular and distinct benefit over and above general benefits conferred on real property located in the district or to the public at large. General enhancement of property value does not constitute “special benefit.” Article XIIID Section 4a defines proportional special benefit assessments as follows:
“An agency which proposes to levy an assessment shall identify all parcels which will have a special benefit conferred upon them and upon which an assessment will be imposed.
The proportionate special benefit derived by each identified parcel shall be determined in relationship to the entirety of the capital cost of a public improvement, the maintenance and operation expenses of a public improvement, or the cost of the property related service being provided. No assessment shall be imposed on any parcel which exceeds the reasonable cost of the proportional special benefit conferred on that parcel.” Proposition 218 Benefit Analysis
The local improvements provided in the District/Zone for which an assessment is being imposed, have been identified as necessary, desired and/or required for the orderly development of the parcel(s) to their full potential, consistent with the development plans and applicable portions of the City’s General Plan.
Special Benefits
The ongoing maintenance of landscaped areas within the various Zones of the Consolidated District as well as this specific District/Zone provide aesthetic benefits to the properties directly associated with the improvements and creates a pleasant environment to walk, drive, live, and/or work. The primary function of such landscape improvements and related amenities and services is to provide an aesthetically pleasing enhancement of the public rights-of way or easements for the benefit of the immediately adjacent and surrounding properties and developments for which the improvements were constructed and installed and/or were facilitated by the development or City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
potential development of properties within each respective District or Zone. These improvements are an integral part of the physical environment associated with the parcels to be assessed, and while some or all of the improvements may in part be visible to properties outside the Zones of the Consolidated District and this District/Zone, if the improvements for each these Zones and this District/Zone are not properly maintained, it is the parcels within each of these respective Zones that would be aesthetically burdened. Additionally, the street landscaping serves as a pleasant aesthetic amenity that enhances the approach to the parcels and in some cases, serves as both a physical buffer as well as a sound reduction buffer between the roadways and the properties in those Zones. Likewise, the landscaped areas for some of the Zones within the Consolidated District may include landscaped parks, green spaces, slopes, or trails that provide visually pleasing open space areas that serve as an extension of the physical attributes of the parcels assessed, such as their front or rear yards and may also provide a greater opportunity for recreation. As a result, the maintenance of these various landscape improvements provide particular and distinct benefits to the properties and developments within each respective Zone including this proposed District/Zone.
Likewise, street lighting in the various Zones of the Consolidated District as well as the District/Zone addressed in this Report is primarily useful for illuminating the streets that provide access to the properties in those Zones, as well as the sidewalks and parking lanes associated with those properties. While it is recognized that both street lights and traffic signals serve in part to enhance traffic safety, installation and construction of these improvements are for the most part, required by the development of properties within each respective Zone of the Consolidated District as well as this District/Zone and these improvements provide three main special benefits to those properties: (i) property security benefit, (ii) pedestrian safety benefit, and (iii) parkway/roadway access benefit. Furthermore, because traffic circulation in the City is largely the result of local traffic to and from these properties by the property owners, residents, and guests, it is reasonable to assume that these properties derive a particular and distinct benefit from the street lights and/or traffic signals that support the safe access to the properties and essentially all pedestrians and parking vehicles in the lit areas will, after dark, be directly associated with the assessed properties. As a result, the maintenance of these lighting improvements is a particular and distinct benefit to the properties and developments within each respective District and/or Zone.
Collectively these landscaping and lighting improvements and related assessments enhance the security, overall use, presentation, and marketability of the properties, and ensure the long-term cost-efficiency of services that is obtained through the City-provided maintenance (economy of scale), and the regulatory restrictions on future cost increases.
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
General Benefit
Landscaping General Benefit
In reviewing the location and extent of the specific landscaped areas and improvements to be funded by the District/Zone assessments and the proximity and relationship to properties to be assessed, it is evident these improvements were installed in connection with the development of the multi-family residential property (the Mojave View Apartments) or are improvements that would otherwise be shared by and required for development of that property. Although the improvements are located on public streets that are typically visible and/or accessible to the general public, it is evident that the ongoing maintenance of these improvements are only necessary for the appearance and advantage of the Mojave View Apartments within the District/Zone which installed the improvements and these improvements were not required nor necessarily desired by any properties outside the boundaries of the District/Zone. It is also evident that the maintenance of these improvements and the level of maintenance beyond that which is required to ensure the safety and protection of the general public and property in general, has limited (if any) indirect or incidental benefit to the public at large or properties outside the District/Zone.
In the absence of a special funding source (the District/Zone), the City’s maintenance of these improvements would for the most part be limited to basic or baseline level of service that would typically provide for periodic servicing of the area on an as-needed basis for weed abatement, rodent control, and erosion control services. This baseline level of service would provide for public safety and essential property protection to avoid negative impacts on adjacent roadways and vehicles traveling on those roadways and potential property damage, but results in a far less visually pleasing environment than is created with the enhanced level of services associated with the regular landscape maintenance that can be provided through the District/Zone assessments.
For the Consolidated District it was previously determined that on average, the cost to provide this baseline level of service for most landscape areas is estimated to be less than $700 per acre (approximately $0.0161 per square foot). This baseline service cost per square foot represents on average less than four percent (4%) of the overall cost per square foot to operate, maintain and service most landscape areas.
In addition to the general benefit identified above, it is recognized that there are indirect or incidental general benefits to properties within a district as well as the general public that are associated with regular landscape maintenance services, including:
➢ Minimization of dust and debris; and
➢ Decreased potential water runoff from both properties and the landscaped areas.
Although these types of benefits might best be characterized as indirect consequences of the special benefits of the landscape maintenance provided to assessed parcels, for the purposes of calculating proportional benefits, these types of benefits are considered general benefits. It is apparent that trees, shrubs, plants, and other vegetation and groundcover reduce dust, debris, and potential water runoff that might otherwise occur if such landscape improvements did not exist. However, it is also recognized that with the regular maintenance of the landscape improvements, the effort and cost to monitor and address these issues are reduced to isolated areas and/or less frequent servicing, and these activities, generally represent less than one percent (1%) of the overall landscape maintenance costs. Therefore, conservatively, we estimate that the costs associated with these indirect and incidental benefits do not exceed one percent (1%) of the annual maintenance expenditures for the landscaping improvements.
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Together with the baseline general benefit costs and the indirect/incidental general benefit costs identified above, it is reasonable to conclude that the overall general benefit costs associated with the various District/Zone landscape improvements is less than five percent (5%) of the regular annual maintenance expenditures. These general benefit costs shall be excluded from the special benefit assessment funding and not assessed to the parcel(s) within the District/Zone. The calculated general benefit for landscaping improvements is identified in the budget provided in Part III of this Report.
Lighting General Benefit
In reviewing the location and extent of the lighting improvements for the District/Zone and the proximity and relationship to properties to be assessed, like the landscaping improvements it is evident these improvements have been installed as part of the development of the Mojave View Apartments. It is also evident that the maintenance and servicing of these improvements has a direct and particular impact (special benefit) on this development and that these street lighting improvements are lighting improvements that exceed what would otherwise be required for traffic circulation or to ensure the safety and protection of the general public and property in general.
Because the District/Zone lighting improvements are directly associated with the development and clearly provide a special benefit to this development that is not shared by all properties in the City, it is certainly reasonable to conclude that the maintenance and operation of these street light improvements is largely if not entirely a special benefit to the property within the District/Zone to be assessed. Based on the special benefits previously identified above, it is apparent that the local Development Specific Street Lights installed as part of the Mojave View Apartments are solely for the use and benefit this multi-family residential development and there is no quantifiable general benefit to other properties or to the public at large. However, based on various traffic circulation studies, and related data and benefit considerations applied in other Zones of the Consolidated District it has been determined that the general benefit related to the overall operation and maintenance of perimeter street lights for residential developments is no more than six percent (6%) of the street light operating costs, but to ensure that no parcel is assessed for more than its proportional special benefit for such street lighting, the City will contribute for general benefit an amount equal to ten percent (10%) of the budgeted regular annual maintenance expenditures (maintenance and energy costs). These general benefit costs shall be excluded from the special benefit assessment funding and not assessed to the parcels within the District.
The calculated general benefit for lighting improvements is identified in the budget provided in Part III of this Report.
Assessment Methodology
In order to calculate and identify the proportional special benefit received by each parcel and ultimately each parcel’s proportionate share of the improvement costs it is necessary to consider not only the improvements and services to be provided, but the relationship each parcel has to those improvements as compared to other parcels in a district. Landscaping and lighting improvements like most public improvements, provide varying degrees of benefit (whether they be general or special) based largely on the extent of such improvements, and the location of the improvements in relationship to properties associated with those improvements. To establish the proportional special benefit and ultimately the assessment obligation for each parcel, these factors need to be considered and formulated in the method of apportionment which may use of benefit zones that reflect the extent and location of the improvements in relationship to the properties, as well as the specific use of the property and characteristics that reflects each parcel’s City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
proportional special benefit as compared to other properties that benefit from those same improvements.
The method of apportionment (method of assessment) developed for the Consolidated District and applicable in part to this District/Zone is based on the premise that each property to be assessed receives a particular and distinct benefit (special benefit) from the improvements, services, and facilities to be financed by the assessments. The Equivalent Benefit Unit (“EBU”) method of apportionment applied in the Consolidated District, utilizes one or more basic units of measurement (base value) of assessment that is common to the properties benefiting from the improvements and services provided and assigns a weighted value to each parcel based on that base value. The base value and assessment formula utilized in each Zone of the Consolidated District vary but have been developed and are applied based on the specific improvements and types of properties in each Zone, utilizing property characteristics common to the parcels in each of those Zones which may include but is not limited to the type of development (property land use), property’s development status, size of the property (acreage or units), vehicular trip generation, street frontage, zoning, densities or other property related factors including any development restrictions or limitations; as well as the property’s location and proximity to the improvements (which would be addressed by its Zone designation).
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Land Use Classifications in the Consolidted District
Within the Consolidated District Zones 1, 1B, 1C, 4, and 5 are comprised entirely of developed residential and planned residential properties, the method of apportionment applied in these five Zones reflect proportional benefit based on weighted unit counts. Within Zones 2 and 3 of the Consolidated District the properties are generally mixed uses including but not limited to the following land use classifications:
Developed Non-Residential
Approved Non-Residential
Developed Multi-Family Residential
Approved Multi-Family Residential
Developed Condominium/Townhome Property
Approved Condominium/Townhome Property
Undeveloped Non-Residential
Planned Non-Residential
Planned Multi-Family Residential
Developed Hotel/Motel Property
Developed Institutional Property
Developed Public Property
Parking Lot/Limited Use Property
Vacant Property
Exempt Property
While the proposed District 2024-1 and subsequently Zone 6 of the Consolidated District addressed in this Report is entirely comprised of a single multi-family residential apartment complex property with seventy-six (76) units, there is the potential for similar standalone multifamily residential apartment complexes and/or nearby undeveloped properties to be annexed into Zone 6 in the future. Therefore, rather than applying a residential unit methodology similar to Zones 1, 1B, 1C, 4, and 5 , it has been determined that for this District/Zone the most appropriate method of apportionment is based on Benefit Frontage to the improvements, similar to what is applied in Zones 2 and 3 of the Consolidated District.
Land Use Classifications for the District/Zone
The following provides a listing and description of the land use designations and apportionment calculations that are applicable to parcels within the District/Zone or may be applicable as a result of future annexations. This listing includes but is not limited to:
Developed Multi-Family Residential — This land use is defined as a parcel and/or development (group of parcels) that has been developed as a fully subdivided residential development with multiple residential units associated with the parcel or development including, apartments, duplexes, or other parcels with multiple residential units, but not including institutional facilities or mixed-use properties which are typically identified as non-residential; and the parcel or development receives a particular and distinct benefit from District improvements. The EBU assigned to such parcels for both landscaping and lighting improvements is based on the parcel’s proportional benefit frontage and calculated improvement square footage of the landscape improvements associated with the property as compared to other properties that benefit from those improvements as outlined in the EBU calculations that follow.
Approved Multi-Family Residential — This land use is defined as a parcel and/or development (group of parcels) that has an Approved Development Map, Final Tract Map or other Approved Development Plan for development as a multiple residential unit parcel or development including, City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
apartments, duplexes, or other parcels with multiple residential units, but not including institutional facilities or mixed-use properties which are typically identified as non-residential; and the parcel or development receives a particular and distinct benefit from District improvements. The EBU assigned to such parcels for both landscaping and lighting improvements is based on the parcel’s proportional benefit frontage and calculated improvement square footage of the landscape improvements associated with the property as compared to other properties that benefit from those improvements as outlined in the EBU calculations that follow.
Developed Condominium/Townhome Property — This land use is defined as a parcel that have been developed as a fully subdivided residential condominium or townhome parcel for which the County Assessor has established an individual Assessor’s Parcel Number for each residential condominium unit and related common areas (if any); and the condominium development and condominium parcels therein receive a particular and distinct benefit from District improvements. (Such developments do not include any District improvements within the development, only improvements outside the development). The EBU assigned to each residential condominium parcel within for both landscaping and lighting improvements is based on the overall development’s proportional benefit frontage and calculated improvement square footage of the landscape improvements associated with the condominium development as compared to other properties that benefit from those improvements. The development’s calculated improvement square footage is proportionately allocated to each residential condominium parcel as described in the EBU calculations that follow.
Approved Condominium/Townhome Property — This land use is defined as a parcel or group of parcels that has an Approved Development Map, Final Tract Map or other Approved Development Plan for development as a condominiums or townhomes for which the County Assessor has or will establish individual Assessor’s Parcel Numbers for each residential condominium unit and common areas (if any); and the condominium development and condominium parcels therein receive a particular and distinct benefit from District improvements. (Such developments do not include any District improvements within the development, only improvements outside the development). The EBU assigned to each parcel (fully subdivided residential condominium parcels or planned residential units on yet to be subdivided parcels) for both landscaping and lighting improvements is based on the overall development’s proportional improvement square footage of the landscape improvements associated with the condominium development as compared to other properties that benefit from those improvements. The development’s calculated benefit frontage and improvement square footage of the landscape improvements is proportionately allocated to each residential condominium parcel as described in the EBU calculations that follow.
Planned Multi-Family Residential — This land use is defined as a parcel or group of parcels currently identified as undeveloped (vacant land), but the property has an Approved Development Map, Final Tract Map, or other Approved Development Plan for development as a multiple residential unit parcel or development. However, unlike an Approved Multi-Family Residential or an Approved Condominium/Townhome Property, the City does not anticipate acceptance of all the improvements associated with this parcel or development for the upcoming fiscal year and the proportional assessments for such properties may be limited to a portion of the estimated annual maintenance costs and/or incidental expenses. For balloting purposes to establish the property’s maximum assessment and proportional special benefit, for both Planned NonResidential and Planned Multi-Family Residential properties, the parcels shall be assigned an EBU that reflects the property’s EBU at build- out (similar to that of a “Developed” or “Approved” property) and the City’s acceptance of all the improvements to be maintained by the District.
However, for calculation of the annual assessments each fiscal year, the City and Assessment City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Engineer may classify such parcels as a “Special Case” and apply an EBU that reflects the property’s estimated proportional special benefit from exiting improvements and/or portion of the new improvements to be installed and accepted during the upcoming fiscal year. The Assessment Engineer may assign to such parcels in any given fiscal year, as little as 0.00 EBU up to the maximum EBU for which the property was ballot or any EBU in between, that reasonably reflects the parcel’s proportional special benefit from the improvements and services provided as compared to other properties in the Zone. In addition, such parcels may be temporarily designated as a Sub-Zone within the Zone and budgeted separately until all the improvements for the development are installed and/or the property has been subdivided.
Developed Non-Residential — This land use is defined as a parcel and/or development (group of parcels) that has been developed primarily with a non-residential use, including, but are not limited to (both publicly owned and privately owned) commercial, office or professional service, industrial, parking lot, institutional facilities, churches or other non- profit organizations; and the parcel or development receives a particular and distinct benefit from District improvements. The EBU assigned to such parcels for both landscaping and lighting improvements is based on the parcel’s proportional benefit frontage and calculated improvement square footage of the landscape improvements associated with the property as compared to other properties that benefit from those improvements as outlined in the EBU calculations that follow.
Approved Non-Residential — This land use is defined as a parcel and/or development (group of parcels) that has an Approved Development Map, Final Tract Map or other Approved Development Plan primarily for a non-residential use, including, but are not limited to (both publicly owned and privately owned) commercial, office or professional service, industrial, parking lot, institutional facilities, churches or other non-profit organizations; and the parcel or development receives a particular and distinct benefit from District improvements. The EBU assigned to such parcels for both landscaping and lighting improvements is based on the parcel’s proportional benefit frontage and calculated improvement square footage of the landscape improvements associated with the property as compared to other properties that benefit from those improvements as outlined in the EBU calculations that follow.
Planned Non-Residential — This land use is defined as a parcel or group of parcels currently identified as undeveloped (vacant land), but the property has an Approved Development Map, Final Tract Map, or other Approved Development Plan for development as a non-residential property. However, unlike an Approved Non- Residential property, the City does not anticipate acceptance of all the improvements associated with this parcel or development for the upcoming fiscal year and the proportional assessments for such properties may be limited to a portion of the estimated annual maintenance costs and/or incidental expenses.
Undeveloped Non-Residential — This land use is defined as a parcel or group of parcels that are undeveloped (vacant land), for which a specific Development Map, Tract Map or other Development Plan has not been approved, but based on Zoning and/or other documents, the City anticipates the parcel or group of parcels to be developed for a non- residential or multi-family residential use; and the property receives a particular and distinct benefit from District improvements. The EBU assigned to such property for both landscaping and lighting improvements is based on the parcel’s proportional benefit frontage and calculated improvement square footage of the landscape improvements associated with the property as compared to other properties that benefit from those improvements as outlined in the EBU calculations that follow.
Developed Institutional Property — is defined as developed private properties used for the purposes of public related services or activities, including but not limited to Colleges, Private City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Schools, Places of Worship, Day Care Centers, Fraternal Organizations, Hospitals, Convalescent or Retirement Homes, or other similar public service or assembly type properties.
Developed Public Property — is defined as developed public or government owned property used for public related services or activities, including but not limited to city facilities including parks, community centers, fire and police stations, and city offices; county or state offices and facilities; federal, state or county court facilities; US postal service facilities; public schools; public utility facilities or offices; or other similar developed public properties.
Parking Lot/Limited Use Property — This land use classification is applied to developed privately owned properties that the City considers not to be fully developed commercial/industrial, institutional, or residential properties. This land use classification is typically applied to parcels that are identified as parking lots with limited or no buildings; but may also identify parcels that have limited or restricted non-residential use where the typical commercial/industrial or institutional classification is not applicable or appropriate. The Equivalent Benefit Units applied to these properties shall be based on the same minimum and maximum acreage limits that are applied to other acreage-based properties.
Vacant Property — is defined as property that has been identified as undeveloped but has reasonable development potential (Few or no development restrictions). When considering the special benefits from landscaping and lighting improvements it becomes evident that the proportional special benefits associated with vacant property are clearly less than that of developed properties. Although vacant properties certainly derive special benefits from local landscaping and lighting improvements, these special benefits are limited to the land (lot) itself.
Conversely, approximately half of the direct and immediate special benefits for developed properties are related to the daily use or potential use of that property. Therefore, the Equivalent Benefit Units applied to these properties shall be based on the same minimum and maximum acreage limits that are applied to other acreage-based properties.
Exempt Property — identifies parcels that for various reasons, it has been determined that the parcel does not and will not receive special benefits from the improvements. This land use classification may include but is not limited to:
➢ Lots or parcels identified as public streets and other roadways (typically not assigned an APN by the County);
➢ Dedicated public easements including open space areas, utility rights-of-way, greenbelts, parkways, or other publicly-owned or utility-owned land that serves the community or general public and are not considered or classified as developed public properties; ➢ Parcels of land that are privately owned but cannot be developed independently from an adjacent property or is part of a shared interest with other properties, such as common areas, sliver parcels, bifurcated lots or properties with very restrictive development potential or use.
Because these properties either provide a public service that is comparable to landscaping or street lighting improvements, or they are dependent on another property or development, these types of parcels have no direct need for such improvements and are considered to receive no special benefits Therefore these parcels shall be exempt from assessment and are assigned
0.000 EBU. However, the assessment engineer shall annually review these parcels to confirm the use and/or development status has not changed.
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Calculation of Equivalent Benefit Units (Assigned by Square Footage) The land use types outlined in the preceding Land Use Classifications are assigned an EBU that reflects each parcel’s and/or development’s proportional improvement benefit based on the square footage of the landscape areas on the street, streets, and/or street segments associated with the property and for which the property receives special benefit. Each parcel’s proportional square footage for a specific improvement or shared improvement is calculated by:
1. Establish each parcel’s “Street Frontage” associated with the improvements that benefit the parcel. For most properties, this Street Frontage is the parcel’s linear street frontage on the street where the improvement(s) that benefit the property are located (corner properties may have street frontage on more than one side, which may be calculated separately if the improvements on each street are shared with different properties).
For properties/developments comprised of multiple parcels (some parcels within a development or future development area may not have actual street frontage), the total street frontage for the overall property/development is proportionately allocated to each parcel within that development or future development area utilizing the proportional acreage of each parcel within the development. (Proportional residential units may be used for a Condominium Property/Development if the number of units is known for each parcel).
Parcel Acreage / Development Acreage = Proportional Acreage (for each parcel) Proportional Acreage x Development Street Frontage =
Parcel’s Assigned Street Frontage
2. Calculate each parcel’s proportional “Benefit Frontage”.
For parcels identified as “Developed” or “Approved” land use classifications, the parcel’s calculated Street Frontage is applied as the parcel’s “Benefit Frontage”.
Assigned Street Frontage = Benefit Frontage
For parcels/properties identified as “Undeveloped” (Vacant Land) and “Planned” parcels/properties (those that are still Vacant Land), it is recognized that the proportional special benefits associated with such property is typically less than that of developed properties because the property is undeveloped. In addition to the special benefits associated with each property because of proximity to the improvements, developed properties (both “Developed” or “Approved”) also receive the added and immediate benefits associated with the daily utilization of the improvements afforded to the employees, residents, visitors, and patrons of those properties. Therefore, “Undeveloped” properties and “Planned” development properties (those not being treated as a Special Case) are assigned a “Benefit Frontage” that is ½ or 50% of the parcel’s calculated Street Frontage.
Assigned Street Frontage x 50% = Benefit Frontage
3. Establish the average square feet of improvement area for each linear foot of Benefit Frontage. The overall “Improvement Square Feet” (applicable improvement area square footage) of the improvement area that benefits the parcels in the Zone is divided by the sum total of the Benefit Frontage of all the parcels that benefit from the improvements (“Total Benefit Frontage”) to establish a ratio of “Improvement Square Feet per Benefit Front Foot”.
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Improvement Square Feet / Total Benefit Frontage = Improvement Square Feet per Front Foot
4. This ratio of Improvement Square Feet to Benefit Frontage (“Improvement Square Feet per Benefit Front Foot”) is then multiplied by each parcel’s calculated “Benefit Frontage” to establish the parcel’s proportional EBU or Proportional Improvement Square Footage.
Improvement Square Feet per Benefit Front Foot x Parcel’s Benefit Frontage = Parcel’s EBU
As previously noted, for the proposed formation of District 2024-1 and the concurrent annexation into the Consolidated District as Zone 6, parcel 067-040-29 comprises the entire District/Zone.
Therefore, the District/Zone’s total Assigned Street Frontage and Benefit Frontage is represented by the street frontage of parcel 067-040-29 which is approximately 880 linear feet (200 feet on N Norma Street, 625 feet on Mojave View Avenue, and 55 feet at the corner return). With a total landscape square footage of 4,550 square feet, the Improvement Square Feet per Front Foot is
5.1705 (4,550 square feet / 880 linear feet = 5.1705 Improvement Square Feet per Front Foot).
This 5.1705 Improvement Square Feet per Front Foot multiplied by the Benefit Frontage (front footage) for parcel 067-040-29 (880 linear feet) equals the parcel’s EBU of 4,550. (880 linear feet x 5.1705 Improvement Square Feet per Front Foot = 4,550 EBU) City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Part III — Estimate of Costs
Calculation of Assessments
An assessment amount per Equivalent Benefit Unit (Assessment per EBU) is calculated by:
Taking the “Total Annual Expenses” (Total Budgeted Costs) and subtracting the “Total General Benefit Expenses” (Landscaping General Benefit Expenses and/or Lighting General Benefit Expenses), to establish the “Total Special Benefit Expenses”; Total Annual Expenses – General Benefit Expenses = Special Benefit Expenses To the resulting “Special Benefit Expenses”, various “Funding Adjustments” may be applied that may include, but are not limited to:
➢ “Reserve Fund Transfer/Deduction”, represents an amount of available existing funds from the “Operational Reserve Fund Balances” being applied to pay a portion of the Special Benefit Expenses for the fiscal year.
➢ “Credits/Funding from Other Sources”, represents an adjustment credit (reduction in the amount to be collected as “Special Benefit Expenses” for the fiscal year), which may include but is not limited to Fund Balance interest earnings, an advance payment by a developer or property owner for maintenance or energy costs that may have been required by the City or a utility provider prior to the installation and acceptance of the improvements, and available funding from non-assessment revenue sources that the City may utilize to reduce assessments.
These adjustments to the Special Benefit Expenses result in the net special benefit amount to be assessed “Balance to Levy”;
Special Benefit Expenses - Funding Adjustments = Balance to Levy The amount identified as the “Balance to Levy” is divided by the total number of EBUs of parcels that receive special benefit to establish the Assessment Rate (“Assessment Per EBU”). This Assessment Rate is then applied back to each parcel’s individual EBU to calculate the parcel’s proportionate special benefit and assessment amount for the improvements.
Balance to Levy / Total EBU = Assessment Per EBU (Assessment Rate) Assessment Per EBU x Parcel EBU = Parcel Assessment Amount Note: The maximum assessments outlined in this Report are intended to fully support the expenses identified as “Special Benefit Expenses”. Consequently, there are no “Funding Adjustments” reflected in the budget establishing the maximum assessment rate and the “Balance to Levy” is equal to the total “Special Benefit Expenses”.
Budget Establishing the Maximum Assessment Rate
The following proposed budget outlines the estimated costs to fund, maintain and service the landscaping and lighting improvements and related amenities that provide special benefits to properties within the District/Zone for fiscal year 2024/2025. The City is proposing to ballot property owners within the proposed District/Zone for a new maximum assessment including an assessment range formula that will fund the estimated total eligible special benefit expenses budgeted to provide the improvements as outlined in this Report. The following budget identifies those estimated expenses and the resulting “Proposed Maximum Assessment Rate per EBU” for City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
fiscal year 2024/2025 being presented to the property owners of record in a property owner protest ballot proceeding required pursuant to the provisions of the California Constitution.
District 2024-1
Consolidated
District
Zone 06
FY 2024/2025
ANNUAL OPERATION & MAINTENANCE EXPENSES
Annual Lighting Operation & Maintenance Expenses $ 842
Landscape Maintenance $ 11,907
Tree Maintenance 180
Landscape Irrigation (Water, Electricity, Maintenance & Repair) 1,800 Appurtenant Improvements or Services 106
Annual Landscaping Operation & Maintenance Expenses $ 13,993 TOTAL ANNUAL OPERATION & MAINTENANCE EXPENSES $ 14,835
REHABILITATION/RENOVATION FUNDING & CAPITAL (CIP) EXPENDITURES Lighting Rehabilitation/Renovation Funding Collection $ 84 Landscape Rehabilitation/Renovation Funding Collection 1,461 Planned Lighting Capital Expenditures (CIP) -
Planned Landscaping Capital Expenditures (CIP) -
TOTAL REHABILITATION/RENOVATION FUNDING & CAPITAL EXPENDITURES $ 1,545
INCIDENTAL EXPENSES
Operational Reserves (Collection) $ 742
District Administration Expenses $ 1,500
County Administration Fee 10
Annual Administration Expenses $ 1,510
TOTAL INCIDENTAL EXPENSES $ 2,252
TOTAL ANNUAL EXPENSES $ 18,632
GENERAL BENEFIT EXPENSES
Lighting General Benefit — City Funded $ (84)
Landscaping General Benefit — City Funded (700)
TOTAL GENERAL BENEFIT EXPENSES $ (784)
TOTAL SPECIAL BENEFIT EXPENSES $ 17,848
FUNDING ADJUSTMENTS
Reserve Fund Transfer/Deduction $ -
Credits/Funding from Other Sources -
TOTAL FUNDING ADJUSTMENTS / CONTRIBUTIONS $ -
BALANCE TO LEVY $ 17,848
DISTRICT STATISTICS
Total Parcels 1
Assessed Parcels 1
Equivalent Benefit Units (EBU) 4,550.00
Maximum Assessment Rate Per EBU (Fiscal Year 2024/2025 Assessment Rate ) $3.9226 Balloted Amount $17,847.83
FUND BALANCE
Estimated Beginning Fund Balance $ 742
Operational Reserve & Rehabilitation Funding Collected 1,545 Estimated Ending Fund Balance $ 2,287
BUDGET ITEMS
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Assessment Range Formula
As part of the District formation, the assessments to be submitted to the property owner(s) of record in the Ballot Proceeding shall include an annual inflationary adjustment referred to as an Assessment Range Formula, which is authorized by Section 53750(2) (A) of the Government Code, also known as the “Proposition 218 Omnibus Implementation Act”. The purpose of establishing an Assessment Range Formula is to provide for reasonable and inevitable increases in costs to provide the improvements and services over time due to inflation. The Assessment Range Formula for District 2024- and subsequently Zone 6 of the Consolidated District is defined by the following:
Recognizing that the cost of maintaining the improvements will increase over time due to inflation, the maximum assessments (initial maximum assessment amounts and maximum assessment rate established herein for fiscal year 2024/2025), shall include a fixed 3.5% annual inflationary adjustment (Assessment Range Formula). This 3.5% annual adjustment provides for reasonable increases and inflationary adjustment to the initial maximum assessment rate to be approved by the property owners as part of the protest ballot proceeding conducted in connection with the formation of District 2024-1 and concurrent annexation to the Ridgecrest Landscaping and Lighting District 2012-1 as Zone 6. This Assessment Range Formula is consistent with the annual inflationary adjustment previously established and adopted for the Ridgecrest Landscaping and Lighting District 2012-1.
The adoption of the maximum assessment rate and the Assessment Range Formula described herein does not mean that the annual assessments will necessarily increase each fiscal year, nor does it absolutely restrict the assessments to the adjustment maximum assessment amount.
Although the maximum assessment rate that may be levied shall be adjusted (inflated) by 3.5% each fiscal year, the actual amount to be assessed will be based on the Balance to Levy for that fiscal year. If the calculated assessment is less than the adjusted maximum assessment, then the calculated assessment may be approved by the City Council for collection. If the calculated assessment (based on the proposed budget) is greater than the adjusted maximum assessment for that fiscal year, then the assessment would be considered an increased assessment and would require property owner approval through a protest ballot proceeding before imposing such an increase. Otherwise, it would be necessary to reduce the budget or provide a contribution from the City to reduce the Balance to Levy (amount to be assessed) to an amount that can be supported by an assessment rate less than or equal to the maximum assessment rate authorized for that fiscal year.
The Assessment Range Formula (3.5% annual adjustment) shall be applied to the maximum assessment rate for District 2024-1 and subsequently as Zone 6 within the Ridgecrest Landscaping and Lighting District 2012-1 as presented in this Report, commencing in fiscal year 2025/2026 and all subsequent fiscal years unless the City Council formally suspends its application.
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Part IV — District Diagram
The District Diagram (Boundary Map) for District 2024-1 is provided on the following page. The parcel that comprises Landscaping and Lighting District No. 2024-1 consists of all lots, parcels and subdivisions of land that receive a special benefit from the proposed improvement listed in Part I – Plans and Specifications for this Report and listed on the Assessment Roll contained herein as Part V – Assessment Roll, the lines and dimensions of which are shown on the Kern County Assessor’s Parcel Maps at the time this Report was prepared. The following District Diagram together with the Assessment Roll contained herein, constitute the Assessment Diagram for Landscaping and Lighting District No. 2024-1 and subsequently Zone 6 of the Ridgecrest Landscaping and Lighting District 2012-1 for fiscal year 2024/2025.
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
District/Zone Diagram
City of Ridgecrest
Engineer’s Formation Report
Landscaping and Lighting District No. 2024-1
Fiscal Year 2024/2025
Part V — Assessment Roll
Parcel identification for each lot or parcel within Landscaping and Lighting District No. 2024-1 and subsequently Zone 6 of the Ridgecrest Landscaping and Lighting District 2012-1 are identified as those parcel(s) shown on the Kern County Secured Roll at the time this Report was prepared and reflective of the Assessor’s Parcel Maps. A listing of the assessor parcel(s) to be assessed within District 2024-1 along with the assessment amount is provided below.
Assessor
Parcel
Number
Land Use EBUs
Balloted
Maximum
Assessment
FY24-25
Assessment
067-040-22 Developed Multi-Residential 4,550.00 $ 17,847.83 $ 17,847.83 Total 4,550.00 $17,847.83 $ 17,847.83
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Of The Ridgecrest City Council Authorizing The Execution Of The Certifications, Assurances, And Authorized Agent Forms For The Low Carbon Transit Operations Program (LCTOP) Project; Being System-Wide Free Fares For Ridgecrest Transit Passengers, Fiscal Year 2024-2025., In An Amount Not To Exceed $76,828.00 PRESENTED BY: Christopher Smith, Transit Services Coordinator SUMMARY:
The Low Carbon Transit Operations Program (LCTOP) is one of several programs that are part of the Transit, Affordable Housing and Sustainable Communities Program established by the California Legislature in 2014 by Senate Bill 862.
The LCTOP was created to provide operating and capital assistance for transit agencies to reduce greenhouse gas emission and improve mobility, with a priority on serving disadvantaged communities. Approved projects in the LCTOP will support new or expanded bus or rail services, expand intermodal transit facilities, and may include equipment acquisition, fueling, maintenance and other costs to operate those services or facilities with each project reducing greenhouse gas emissions. For agencies whose service area includes disadvantaged communities, at least 50 percent of the total moneys received shall be expended on projects that will benefit disadvantaged communities. Senate Bill 862 continuously appropriates five percent of the annual auction proceeds in the Greenhouse Gas Reduction Fund (Fund) for LCTOP, beginning in 2015-2016.
LCTOP is administered by the California Department of Transportation (Caltrans) in coordination with the Air Resources Board (ARB) and the State Controller’s Office (SCO). It is the responsibility of Kern Council of Governments to apportion these funds to the transit agencies under its purview. For Fiscal Year 23-24, the City of Ridgecrest Transit division has been allocated $76,828. These funds are eligible to be rolled over to be used in conjunction with future funds for a period of up to 4 years. There is no local match required for this program.
It is the recommendation of staff that these funds be used to provide fares at no charge to patrons of Ridgecrest Transit for the 2024-2025 fiscal year or until the grant funding has been expended. This will promote ridership on the transit service, likely increasing future passengers when the free fares project has ended. Additionally, as the grant will be charged the fares instead of the existing passengers and since passengers will likely increase due to the free fares, more fare revenue will be earned in FY 24-25 than was earned in previous fiscal years. Staff has talked to transit staff from both Delano and Arvin who have previously used or currently use LCTOP funds to provide free fares for their community. Both communities reported seeing positive growth in their ridership due to the program.
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
FISCAL IMPACT: $76,828.00 Grant funding to cover Passenger fares.
ACTION REQUESTED:
1. Agrees to comply with all conditions and requirements set forth in the Certification and Assurances and the Authorized Agent documents and applicable statutes, regulations and guidelines for all LCTOP funded transit projects.
2. Authorizes Ron Strand, City Manager, to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation.
3. Authorizes the submittal of the following project nomination(s) and allocation request(s):
System-Wide Free Fares For Ridgecrest Transit Passengers to the Department for the use of LCTOP funds for FY2023-2024.
CITY MANAGER’S RECOMMENDATION: Action as requested.
Submitted by: Christopher Smith, Transit Services Coordinator Action Date: April 17, 2024 RESOLUTION NO. 24-Xx
A RESOLUTION OF THE RIDGECREST CITY COUNCIL AUTHORIZING
THE EXECUTION OF THE CERTIFICATIONS, ASSURANCES, AND
AUTHORIZED AGENT FORMS FOR THE LOW CARBON TRANSIT
OPERATIONS PROGRAM (LCTOP) PROJECT; BEING SYSTEM-WIDE
FREE FARES FOR RIDGECREST TRANSIT PASSENGERS, FISCAL YEAR 2024-2025., IN AN AMOUNT NOT TO EXCEED $76,828.00.
WHEREAS, the City of Ridgecrest is an eligible project sponsor and may receive state funding from the Low Carbon Transit Operations Program (LCTOP) for transit projects; and, WHEREAS, the statutes related to state-funded transit projects require a local or regional implementing agency to abide by various regulations; and, WHEREAS, Senate Bill 862 (2014) named the Department of Transportation (Department) as the administrative agency for the LCTOP; and,
WHEREAS, the Department has developed guidelines for the purpose of administering and distributing LCTOP funds to eligible project sponsors (local agencies); and, WHEREAS, the City of Ridgecrest wishes to delegate authorization to execute these documents and any amendments thereto to Ron Strand, City Manager; and, WHEREAS, the City of Ridgecrest wishes to implement the following LCTOP project(s) listed above.
NOW THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest hereby:
1. Agrees to comply with all conditions and requirements set forth in the Certification and Assurances and the Authorized Agent documents and applicable statutes, regulations and guidelines for all LCTOP funded transit projects.
2. Authorizes Ron Strand, City Manager, to execute all required documents of the LCTOP program and any Amendments thereto with the California Department of Transportation.
3. Authorizes the submittal of the following project nomination(s) and allocation request(s):
System-Wide Free Fares For Ridgecrest Transit Passengers to the Department for the use of LCTOP funds for FY2023-2024.
ADOPTED, AND APPROVED, this 17th day of April 2024, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
____________________________________
Eric Bruen, Mayor
ATTEST:
_________________________________
Ricca Charlon, City Clerk
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Agency 99313 99314 Total apportionment
Arvin $51,722 $1,125 $52,847
California City $39,317 $466 $39,783
Delano $137,166 $5,060 $142,226
GET $1,475,607 $106,514 $1,582,121
Kern Transit $412,156 $21,633 $433,789
McFarland $36,456 $219 $36,675
Ridgecrest $73,944 $2,884 $76,828
Shafter $56,530 $1,042 $57,572
Taft $18,496 $6,521 $25,017
Tehachapi $31,715 $512 $32,227
Wasco $70,594 $577 $71,171
Estimated Regional Totals $2,403,703 $146,553 $2,550,256 Regional Surplus Regional Surplus Amt.
FY 2023/2024 Low Carbon Transit Operations Program Apportionment This Page Intentionally Left Blank
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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: April 17, 2024 This Page Intentionally Left Blank
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Introduction And First Reading Of An Ordinance Of The City Council Of Ridgecrest Granting A Non-Exclusive Taxi Franchise – Blue Line Taxi PRESENTED BY: Captain Aaron Tucker, Acting Chief of Police SUMMARY: The City of Ridgecrest has received a proposal from Shazad Ali to operate a 24-hour taxi service in Ridgecrest and the surrounding areas. Mr. Ali has 20 years of experience in the business, and has been in operation of a taxi company for 10 years in New York City and 10 years in California. This franchise agreement is being prepared as required by the RMC. The proposal includes 1 vehicle, a sedan with a registered meter. The proposed fee schedule is as follows:
$ 3.50 drop fee
$ 3.00 per mile fee
$ 18.00 per hour waiting fee
No discount will be provided for seniors or military service.
The Ordinance will require the payment of a 3% Annual Franchise Fee based on Gross Receipts.
Additionally, it stipulates that no rates may be levied or changed without submitting the proposed rates to the city clerk, upon which the city clerk shall cause a notice to be published of the proposed rates.
The rates will then be effective ten (10) days after publication.
Due to the nature of this ordinance, the taxi company is already in operation. Additionally, per the RMC each vehicle, at a minimum shall be inspected annually, or after any and all accidents. Drivers shall be dually licensed and qualified to carry passengers in accordance with all the provisions of the RMC. Upon successful completion of inspections, and the vetting of all drivers, clearance from the Police Chief shall be issued and will be displayed within each vehicle.
Finally, this ordinance requires Blue Line Taxi to provide a bond in the amount $1000.00, payable to the City of Ridgecrest, for a minimum period of one (1) year, renewed every year until Blue Line Taxi is no longer in business. Said security shall be provided to protect the cities interests should the Taxi franchise fail to pay the franchise fees.
FISCAL IMPACT: A Franchise Fee payment from the company in the amount of 3% of their gross annual receipts.
ACTION REQUESTED: Approve recommended motions
CITY MANAGER’S RECOMMENDATION: Recommends approval
Submitted by: Aaron Tucker Action Date: April 17, 2024
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ORDINANCE NO. 24-Xx
AN ORDINANCE OF THE RIDGECREST CITY COUNCIL AWARDING A
NON-EXCLUSIVE TAXI FRANCHISE TO RIDGECREST TAXI AND
APPROVING A TAXICAB FRANCHISE AGREEMENT
WHEREAS, Article II, Section 7-45 et seq. of the Ridgecrest Municipal Code authorizes the City, in the exercise of its constitutional police powers, to award one or more nonexclusive franchises for the operation of taxicab services initiating with the City of Ridgecrest; and, WHEREAS, Blue Line Taxi proposes to operate a taxicab service in the City of Ridgecrest in full compliance with the Ridgecrest Municipal Code.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIDGECREST, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The Recitals set forth above are true and correct and incorporated herein.
SECTION 2. The Ridgecrest City Council hereby grants a non-exclusive taxi franchise pursuant to the Ridgecrest Municipal Code to Blue Line Taxi.
SECTION 3. The Ridgecrest City Council hereby approves entering into the Taxicab Franchise Agreement with Blue Line Taxi in substantially the form included in the Staff Report, and authorizes the City Manager or designee to execute the agreement on behalf of the City and: (i) to make non-material revisions to the agreement in consultation with the City Attorney’s Office; and (ii) to take such further actions on behalf of the City consistent with this Ordinance.
SECTION 4. In accordance with Ridgecrest Municipal Code Section 7-9 subpart (i) (“The council shall impose additional terms and conditions for the granting of a franchise as are necessary to implement the provisions of this chapter”), the City Council requires the following as a condition for the granting of the franchise to protect the City should Blue Line Taxi fail to pay its franchise fee: Ridgecrest Taxi shall post a bond in the amount of $1,000.00 for the period of one year, to be renewed every year while Blue Line Taxi does business in the City.
SECTION 5. 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 April 17, 2024.
APPROVED AND ADOPTED: This ____ day of _____, 2024 by the following vote:
AYES:
NOES:
ABSENT:
Eric A. Bruen, Mayor
ATTEST:
Ricca Charlon, City Clerk
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Blue Line Taxi Franchise Agreement Page 1 of 6
TAXICAB FRANCHISE AGREEMENT
BETWEEN THE CITY OF RIDGECREST AND BLUE LINE TAXI
THIS TAXICAB FRANCHISE AGREEMENT (hereinafter, “Agreement”) is made and entered into as of the Effective Date defined herein below, by and between the CITY OF RIDGECREST, a Municipal Corporation (hereinafter, “CITY”) and Blue Line Taxi, (hereinafter, “FRANCHISEE”). The CITY and FRANCHISEE are each sometimes hereinafter referred to as “Party” and collectively as “Parties.”
RECITALS
WHEREAS, Article II ,Section 7-45 of the Ridgecrest Municipal Code authorizes the City, in the exercise of its constitutional police powers, to award one or more nonexclusive franchises for the operation of taxicab services initiating with the CITY, and to limit such taxicab service to only those operators to whom a franchise is awarded; and,
WHEREAS, the CITY has determined that considerations of public safety and consumer protection require a degree of regulation of taxicab service attainable only through issuance of nonexclusive franchises; and,
WHEREAS, FRANCHISEE has applied for and, on the basis of qualifications and the representations contained in its proposal, has been awarded the opportunity to enter into a nonexclusive franchise agreement for the operation of taxicabs in the CITY pursuant to this Agreement; and, WHEREAS, FRANCHISEE proposes to operate a taxicab service in the CITY in full compliance with the requirements of this Agreement and the provisions of the Ridgecrest Municipal Code and all other applicable ordinances, laws, and rules and regulations, as may be amended time to time; and, WHEREAS, the Ridgecrest City Council authorized the execution of this Agreement at its Regular Meeting of XXXXXX (hereinafter the “Effective Date”).
NOW, THEREFORE, CITY and FRANCHISEE agree as follows:
1. Term of Franchise. The term of the franchise shall be for three (3) years, commencing on DATE and terminating on DATE + 3 YEARS, unless sooner terminated as provided therein. The CITY may extend the term of this Agreement in writing for an additional two-year term, thereafter, for five additional one-year terms pursuant to the same terms and conditions of this Agreement, for a total of up to ten (10) years.
2. Consideration: In consideration of the rights granted hereunder, FRANCHISEE shall pay to CITY an annual franchise fee of THREE PERCENT (3%) of the gross annual receipts of FRANCHISEE, payable annually on the anniversary date of this Agreement. Failure of FRANCHISEE to timely pay the annual franchise fee shall be a material breach of this Agreement.
All late payments are subject to a ten percent (10%) penalty during the first ten (10) days of the applicable contract period, increased to fifteen percent (15%) during days eleven (11) through twenty (20), and twenty percent (20%) for days twenty-one (21) and beyond. Non-payment of franchise fees is grounds for immediate termination of this Agreement.
3. Scope of Franchised Services. FRANCHISEE shall have the right, utilizing its own employees and contractors, to provide taxicab services to customers originating service within the territorial boundaries of the CITY. FRANCHISEE shall be permitted to utilize employees, licensed subcarriers or a combination thereof to achieve its full complement of vehicles and drivers. The Blue Line Taxi Franchise Agreement Page 2 of 6
CITY reserves the right to approve in advance the form and content of any agreements to be used between FRANCHISEE and its licensed drivers.
Taxicab services shall be provided in full compliance with the requirements of this Agreement, the Ridgecrest Municipal Code (including but not limited to Article II) and the rules and regulations applying to taxicabs. FRANCHISEE and its drivers, coordinators and other personnel shall, in the performance of all duties pursuant to this Agreement, conduct themselves with the highest degree of courtesy and service. The FRANCHISEE shall be directly and solely responsible for the conduct of its drivers, coordinators or other personnel utilized under this Agreement.
FRANCHISEE agrees to abide by any and all: (1) applicable rules, regulations, orders and restrictions now in force or which may be adopted in the future by the CITY with respect to its operations; (2) orders, directives or conditions issued, given, or imposed by the CITY with respect to the use of roadways, driveways, curbs, sidewalks and parking areas in and about the CITY; (3) applicable laws, ordinances, statutes, rules, regulations or orders of any governmental authority lawfully exercising jurisdiction within the CITY, as may be subsequently amended from time to time.
FRANCHISEE agrees to operate its vehicles in the CITY only when a current and valid decal or sticker has been permanently affixed to the vehicle in the appropriate location. Failure to have a current and valid decal or sticker affixed on a vehicle while operating in the CITY shall mean that FRANCHISEE does not have CITY approval to operate said vehicle in the CITY, which shall constitute a material breach of this Agreement. CITY reserves the right to determine the frequency of and occasions when new or replacement decals or stickers may be issued.
4. Rates: FRANCHISEE’S taxicabs shall charge those rates for taxicab service approved by CITY.
5. Design Scheme & Enhancements. FRANCHISEE’S vehicles shall contain a distinctive and uniform color scheme or other identification which designates the company responsible for the taxicab as described in more detail in Exhibit A hereto.
6. Independent Contractor. FRANCHISEE is and shall at all times remain, as to CITY, a wholly independent contractor. Neither CITY nor any of its agents shall have control over the conduct of FRANCHISEE or any of FRANCHISEE’S employees, except as herein set forth. FRANCHISEE shall not, at any time, or in any manner, represent that it or any of its agents or employees are in any manner agents or employees of CITY.
7. Assignment. This Agreement shall not be assigned in whole or in part, by FRANCHISEE without the prior written approval of CITY. Any attempt by FRANCHISEE to so assign this Agreement or any rights, duties or obligations arising hereunder shall be void and of no effect.
8. Operational Requirements.
a. Meters. Each and every taxicab operated under this Agreement shall be equipped with a working meter to calculate the fares. CITY reserves the right to audit meters and vehicles for accurate measurement and metering of fares. All meters shall be in compliance with Los Angeles County Department of Weights and Measures specifications and standards for tax/vehicle for hire meters.
b. Routing. FRANCHISEE shall at all times, utilize the most cost-effective routing of trips when transporting passengers pursuant to this Agreement, unless otherwise instructed by the passengers.
Blue Line Taxi Franchise Agreement Page 3 of 6
c. Non-smoking Vehicles/Drivers. FRANCHISEE shall provide, upon request, non-smoking vehicles for patrons. FRANCHISEE shall advise those requesting such vehicles of the time delay, if any, associated with specifying a non-smoking vehicle. Drivers shall refrain from smoking while in the presence of passengers.
d. Drug/Alcohol Testing. FRANCHISEE shall have a drug-testing program in place for all personnel (employee and contract). FRANCHISEE shall return to the CITY of any driver who fails a random/alcohol test. Drivers who fail a random test shall not be eligible to operate a taxicab on behalf of FRANCHISEE. Test results for any driver who fails a random test shall immediately be forwarded to CITY.
e. Fingerprinting of Drivers. FRANCHISEE, at its expense shall make each of its drivers available for fingerprinting and a background investigation to be performed by the Ridgecrest Police Department.
9. Vehicles.
a. FRANCHISEE shall report to the CITY, the manufacturer, model year, vehicle type, vehicle identification number (“VIN”), license plate number, company identification number, passenger capacity and proof of commercial registration of FRANCHISEE’S vehicles used it its operation in the CITY. Each vehicle operated under this Agreement shall be clean inside and out, free of exterior body damage, mechanically safe and in excellent order. CITY reserves the right to object to any of FRANCHISEE’S vehicles and to require that the vehicle be cleaned, repaired or removed from service. b. Each vehicle shall be subject to inspection by the CITY at any time. Vehicles that fail inspection shall not be used to pick up passengers until deficiencies are corrected.
10. Insurance. FRANCHISEE shall at all times, for the duration of this Agreement carry, maintain and keep in full force and effect, insurance as follows:
a. A policy or policies of Comprehensive General Liability Insurance, with minimum limits of Two Million Dollars ($2,000,000) for each occurrence, combined single limit, against any personal injury, death, loss or damage resulting from the wrongful or negligent acts of FRANCHISEE.
b. A policy or policies of Automobile Liability Insurance covering personal injury and property damage with minimum limits of One Million Dollars ($1,000,000.00), per occurrence combined single limit, covering any vehicle utilized by FRANCHISEE in performing the Scope of Work required by this Agreement. c. 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.
d. The policy or policies required by this Agreement shall be issued by an insurer admitted to the State of California and with an AM Best rating of “A” or better for non-admitted carriers.
e. FRANCHISEE agrees that if it does not keep the aforesaid insurance in full force and effect CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at FRANCHISEE’S expense, the premium thereon.
Blue Line Taxi Franchise Agreement Page 4 of 6
f. At all times during the term of this Agreement, FRANCHISEE shall maintain on file with the City Clerk a certificate or certificates of insurance. g. The General Liability and Automobile Liability Insurance shall contain an endorsement naming the CITY as an additional insured. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days prior written notice to CITY, and specifically stating that the coverage contained in the policies affords insurance pursuant to the terms and conditions as set forth in this Agreement.
h. The insurance provided by FRANCHISEE shall be primary to any coverage available to CITY. The policies of insurance required by this Agreement shall include provisions for waiver of subrogation.
i. Any deductibles or self-insured retentions must be declared to and approved by CITY. At the option of CITY, FRANCHISEE shall either reduce or eliminate the deductibles or selfinsured retentions with respect to CITY, or FRANCHISEE shall procure a bond guaranteeing payment of losses and expenses.
11. Indemnification. FRANCHISEE agrees to indemnify, hold harmless and defend CITY, City Council and each member thereof, and every officer, employee and agent of CITY, from any claim, liability or financial loss (including without limitation, attorney’s fees and costs) arise from any intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of FRANCHISEE or any person employed by FRANCHISEE in the performance of this Agreement.
12. Termination and Suspension. CITY may terminate this Agreement at any time without cause by giving ten (10) calendar days written notice to the other of such termination and specifying the effective date thereof. Upon receipt of a notice of termination, FRANCHISEE shall: (1) promptly discontinue all services in the CITY; and (2) promptly remove all vehicle decals.
City shall have the right to suspend FRANCHISEE’S operations under this Agreement in the event of a lapse in required insurance or any other violation of this Agreement or of the provisions of the Ridgecrest Municipal Code that, in the judgment of the City Manager, create an immediate safety hazard. In the event of a suspension, all FRANCHISE’S taxicab operations in the CITY shall cease until such time as the suspension is lifted. The suspension shall remain in effect for as long as the violation remains uncured.
13. City’s Responsibility. CITY shall provide FRANCHISEE with all pertinent data, documents and other requested information as is available for the proper performance of FRANCHISEE’S services under this Agreement.
14. Information and Documents. All data, information, documents and drawings prepared for CITY and required to be furnished to CITY in connection with this Agreement shall become the property of CITY, and CITY may use all or any portion of the work submitted by FRANCHISEE pursuant to this Agreement as CITY deems appropriate.
15. Records and Inspections. FRANCHISEE shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. CITY shall have access, without charge, during normal business hours to such records, and the right to examine and audit the same and to make copies and transcripts therefrom, and to inspect all program data, documents, Blue Line Taxi Franchise Agreement Page 5 of 6
proceedings and activities.
16. Notice. Any notices, bills, invoices, etc. required by this Agreement shall be deemed received (a) the day of delivery if delivered by hand during the receiving Party’s regular business hours or by facsimile before or during the receiving Party’s regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid to the party’s business addresses, or to such addresses as the parties may, from time to time, designate in writing.
17. Attorney’s Fees. If either Party commences an action against the other Party, legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing Party in such litigation will be entitled to have and recover from the losing Party reasonable attorneys’ fees and all other costs of such action.
18. Entire Agreement. This Agreement, including all attached exhibits, constitutes the entire, complete, final and exclusive expression of the Parties with respect to the matters addressed herein and supersedes all other agreements or understandings, whether oral or written, which may have been entered into between CITY and FRANCHISEE prior to the execution of this Agreement. Any statements, representations, or other agreements, whether oral or written, made by either Party that is not embodied herein will not be valid or binding on the Parties. No amendment, modification or supplement to this Agreement will be valid and binding unless in writing and duly executed by the Parties.
19. Governing Law and Venue. This Agreement will be interpreted and governed according to the laws of the State of California. In the event of litigation between the Parties, venue, without exception, will be in the Los Angeles County Superior Court of the State of California. If, and only if, applicable law requires that all or part of any such litigation be tried exclusively in federal court, venue, without exception, will be in the Central District of California located in the City of Los Angeles, California.
20. NO THIRD-PARTY BENEFIT. There are no intended third-party beneficiaries of any right or obligation assumed by the Parties. All rights and benefits under this Agreement inure exclusively to the Parties.
21. SEVERABILITY: If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions will continue in full force and effect.
22. CAPTIONS: The captions of the various articles, sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement.
23. INCONSISTENCIES OR CONFLICTS: In the event of any conflict or inconsistency between the provisions of this Agreement and any of the exhibits attached hereto, the provisions of this Agreement will control.
(SIGNATURES ON NEXT PAGE)
Blue Line Taxi Franchise Agreement Page 6 of 6
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed the day and year first appearing in this Agreement, above.
CITY OF RIDGECREST
By: ______________________
Ron Strand, City Manager
_______________________________
FRANCHISEE – BLUE LINE TAXI
By: __________________________
Name: ________________________
Title: _________________________
EXHIBIT “A”
DESIGN SCHEME & ENHANCEMENTS