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
May 1, 2024
Regular Session 6:00 p.m.
City Hall, Council Chambers
100 100 West California Avenue
Ridgecrest CA 93555
Ricca Charlon, CMC
City Clerk
[email protected]
(760) 499-5002
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in the meeting, please contact Ricca Charlon at (760) 499-5002. Requests must be made as early as possible and at least one full business day before the start of the meeting.
Watch meetings on-line:
All of our meetings are streamed live at https://ridgecrest-ca.gov/369/Watch or on YouTube at https://www.youtube.com/cityofridgecrest/live and are also available for playback after the meeting.
Call in for public comments:
To participate with verbal comments, please call (760) 499-5010. This phone line will allow only one caller at a time, so if the line is busy, please continue to dial. We will be allowing a 20-30 second delay between callers to give time for media delays and callers to dial in. If you wish to comment on multiple items you will need to call in as each item is presented.
CITY COUNCIL
Eric A. Bruen, Mayor
Solomon P. Rajaratnam, Mayor Pro-Tem
Kyle Blades, Vice Mayor
L. Scott Hayman, Council Member
John ‘Skip’ Gorman, Council Member
Ron Strand, City Manager
Keith Lemieux, City Attorney
Martin Koczanowicz, City Attorney
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RIDGECREST CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY
HOUSING AUTHORITY
AGENDA
Wednesday, May 1, 2024 Regular Session – 6:00 p.m.
CALL TO ORDER - Roll call
APPROVAL OF AGENDA
REGULAR SESSION
• Pledge Of Allegiance
• Invocation
PRESENTATIONS
1. Mayor’s Prayer Breakfast / National Day Of Prayer Proclamation Council
2. 55th Annual Professional Municipal Clerks Week Proclamation Council
3. Community Action Partnership of Kern County (CAPK)Proclamation Council PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA - Persons wishing to address the Council on matters that are within the Council’s jurisdiction and DO NOT ALREADY APPEAR ON THE AGENDA, may do so at this time.
COUNCIL ANNOUNCEMENTS/DIRECTION
CONSENT CALENDAR – All Matters Listed Under The Consent Calendar Are To Be Considered Routine And Enacted By One Motion Unless Pulled By A Council Member Or A Member Of The Public.
4. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting Dated April 17, 2024 Charlon
5. A Resolution Authorizing the Submission of the Fiscal Year 2023-2024 Transportation Development Act Article 4 Claim to the Kern Council of Governments Smith
DISCUSSION AND ACTION ITEMS
6. Discussion Regarding Appointments To Council Committees, Boards, And Commissions Charlon
PUBLIC HEARING
7. Hold A Public Hearing and Approve A Resolution Of The City Council Of The City Of Ridgecrest, California Confirming The Formation Of Landscaping And Lighting District No. 2024-1 And Concurrent Annexation Of Parcels Therein To The Ridgecrest Landscaping And Lighting District No. 2012-1, The Diagram And Assessments Related Thereto, Overruling All Protests Concerning The Assessments, And Ordering The Levy And Collection Of Assessments For Fiscal Year 2024/2025 Reed
AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – May 1, 2024
ORDINANCES
8. Second Reading And Adoption, Ordinance 24-05, An Ordinance Of The Ridgecrest City Council Amending The Ridgecrest Municipal Code Chapter 106 (Zoning) Regarding Residential Care Homes And Employee Housing Spurlock
9. Second Reading And Adoption, Ordinance 24-04, An Ordinance Of The City Council Of Ridgecrest Granting A Non-Exclusive Taxi Franchise – Blue Line Taxi Captain Tucker
COMMITTEE REPORTS
Ridgecrest Area Convention and Visitor Bureau (RACVB)
Members: Solomon Rajaratnam and Megan McKenzie (staff)
Meeting: 4th Wednesday each month at 9:00 a.m.
Location: California Welcome Center
➢ Report from April 24, 2024
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 April 25, 2024
City Organization and Services Committee (‘City Org’)
Members: Mayor Eric A. Bruen and Skip Gorman
Meeting: 1st Thursday each month at 5:30 p.m.
Location: City Hall Council Chambers
➢ Next meeting May 2, 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
➢ Next meeting May 6, 2024
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
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 May 14, 2024
AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – May 1, 2024
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
NATIONAL DAY OF PRAYER
MAY 2, 2024
WHEREAS, the morning of May 2, 2024 has been designated as the time for the National Prayer Breakfast, a yearly occasion when leaders of all faiths gather to combine their prayers to strengthen the spiritual base of our nation; and,
WHEREAS, the tradition of a National Prayer Breakfast was established in February 1952 in Washington, D.C., by both Houses of Congress, with the first Thursday in May established as a firm day for this event by President Reagan on May 5, 1988, and has been celebrated in the Indian Wells Valley since 1971; and,
WHEREAS, the Ridgecrest Kiwanis Club has planned a local observance of the National Prayer Breakfast at Desert Christian Center on the morning of Thursday May 2 nd; and,
WHEREAS, this year our community and the whole nation face challenges that call for our most solemn and reverent concern, for deep wisdom and acute perception, and for renewed spiritual strength in our approach to these challenges; and,
WHEREAS, the City of Ridgecrest recognizes these challenges, the need for spiritual strength and the efficacy of the prayers of many faiths.
Now, Therefore, Be It Proclaimed, the Ridgecrest City Council does hereby proclaim that the City of Ridgecrest joins in the observance of the NATIONAL PRAYER DAY and MAYOR’S PRAYER BREAKFAST, the morning of Thursday, May 2, 2024 and urges all citizens to participate wholeheartedly in this event.
Proclaimed this 1
st Day of May, 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
55 th ANNUAL PROFESSIONAL MUNICIPAL CLERKS WEEK
May 5 - May 11, 2024
Whereas, The Office of the Professional Municipal Clerk, a time honored and vital part of local government exists throughout the world, and,
Whereas, The Office of the Professional Municipal Clerk is the oldest among public servants, and,
Whereas, The Office of the Professional Municipal Clerk provides the skilled link between the citizens, the local governing bodies and agencies of government at other levels, and, Whereas, Professional Municipal Clerks have pledged to be ever mindful of their neutrality and impartiality, rendering equal service to all; and,
Whereas, The Professional Municipal Clerk serves as the information center on functions of local government and community; and,
Whereas, Professional Municipal Clerks continually strive to improve the administration of the affairs of the Office of the Professional Municipal Clerk through participation in education programs, seminars, workshops and the annual meetings of their state, provincial, county and international professional organizations; and,
Whereas, It is most appropriate that we recognize the accomplishments of the Office of the Professional Municipal Clerk.
Now, Therefore, The Ridgecrest City Council does hereby recognize the week of May 5 th through
May 11th, 2024, as Professional Municipal Clerks Week, and further extend appreciation to our Professional Municipal Clerk, Ricca Charlon, for the vital services she performs and her exemplary dedication to the City of Ridgecrest for the past 15 years.
Proclaimed this 1
st Day of May, 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
PROCLAIMING MAY 2024
COMMUNITY ACTION MONTH
WHEREAS, Community Action Partnership of Kern (CAPK) was established in 1964 and has made essential contributions to individuals and families across Kern County by creating economic opportunities and strengthening communities; and, WHEREAS, Community Action Partnership of Kern addresses underlying causes of poverty, alleviates the effects, and promotes dignity and self-sufficiency in the communities we serve; and,
WHEREAS, Community Action Partnership of Kern delivered over 20 million pounds of food across Kern County in 2023 through the CAPK Food Bank; and, WHEREAS, Community Action of Kern operates the Oasis Head Start location in Ridgecrest tending to the children within the community and providing a Head Start to their education; and,
WHEREAS, Community Action of Kern operates the Oasis Family Resource Center in Ridgecrest that serves as a hub for residents to obtain case management, food assistance, and access to a wide array of services.
NOW, THEREFORE, The Ridgecrest City Council, hereby proclaims May 2024 as Community Action Month in recognition of the hard work and dedication throughout the community Proclaimed this 1
st Day of May, 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 17, 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 17, 2024 FISCAL IMPACT: None
ACTION REQUESTED: Approve minutes
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: May 1, 2024
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RIDGECREST CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY
HOUSING AUTHORITY
Draft Minutes
Wednesday, April 17, 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 – 5:30 p.m.
Council Present: Mayor Eric A. Bruen; Mayor Pro-Tem Solomon P. Rajaratnam; Vice Mayor Kyle Blades; Council Member L. Scott Hayman; Council Member Skip Gorman
Absent: None
Staff Present: City Attorney M. Koczanowicz (WebEx); City Manager Strand; City Clerk Charlon; Acting Chief Tucker; Parks & Rec Director Wegener; City Planner Spurlock APPROVAL OF AGENDA - Motion To Approve Agenda – Blades - Rajaratnam 5 Ayes NOTE: The vote is displayed in bold below each item. For example, Blades-Rajaratnam denotes Council Member Blades made the motion and Council Member Rajaratnam seconded the motion. Ayes, Noes, Absents, Abstentions follow.
PUBLIC COMMENT ON CLOSED SESSION – M. Neel
CLOSED SESSION - CONFERENCE WITH LEGAL COUNCIL
Conference with Legal Counsel – Potential Litigation (GC § 54956.9) - One case • Bruen and Rajaratnam stepped out at 5:52pm
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 Successor Agency
Negotiating Parties: City of Ridgecrest & Desert Valleys Federal Credit Union Under Negotiation: Price and terms
REGULAR SESSION – 6:03 p.m.
ATTORNEY REPORT OUT OF CLOSED SESSION – Litigation – no reportable action; Real Property – Unanimous vote to approve by Blades, Hayman, Gorman for full market value appraised price
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 – R. Blackwell; C. Rossi; M. Neel
DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – April 17, 2024
COUNCIL ANNOUNCEMENTS/DIRECTION
CONSENT CALENDAR
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
Motion To Approve Consent Calendar – Rajaratnam – Gorman 5 Ayes
DISCUSSION AND ACTION ITEMS
8. Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) Hayman
Public Comment – Don; M. Neel
ORDINANCES
9. Introduction And First Reading Of An Ordinance Of The City Council Of Ridgecrest Granting A NonExclusive Taxi Franchise – Blue Line Taxi Captain Tucker
1. City Attorney recommended the addition of Section 8f stating any driver(s) working for the franchisee must fully comply with RMC 7.51
2. Change title to Blue Line on Ordinance from Ridgecrest Taxi Motion To Introduce, By Title Only, An Ordinance Of The City Council Of Ridgecrest Granting A Non-Exclusive Taxi Franchise – Blue Line Taxi with the 2 above recommended additions/changes Blades - Hayman 5 Ayes Motion To Waive Reading In Full An Ordinance Of The City Council Of Ridgecrest Granting A Non-Exclusive Taxi Franchise – Blue Line Taxi with the 2 above recommended additions/changes Blades - Rajaratnam 5 Ayes
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
DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – April 17, 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
➢ 03/28/24 -Canceled for lack of Quorum
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: 1
st 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
• Change of EKAPCD and KernCOG delegate
MAYOR AND COUNCIL COMMENTS
ADJOURNMENT - 7:38 p.m.
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Authorizing the Submission of the Fiscal Year 2023-2024 Transportation Development Act Article 4 Claim to the Kern Council of Governments PRESENTED BY: Christopher Smith, Transit Services Coordinator SUMMARY:
The Transportation Development Act (TDA) is a statewide program that added a quarter cent sales tax for the purpose of funding transit needs within local jurisdictions throughout the state. Those funds are distributed to regional transportation planning agencies (RTPA) who are responsible for the allocation and distribution of the said funds to the local transit systems.
Pursuant to California Government Code Section 29532, the Kern Council of Governments (KernCOG) is the designated regional transportation planning agency for purposes of administering the TDA within the Kern County region. The TDA allows that a certain portion of those funds be retained by the RTPA for administration purposed, and a certain amount may be retained for pedestrian and bicycle transportation improvements. The balance of the funds are available to the local transit systems, with the provision under Article 4 of that Act, that if there is money left over after the needs of the local transit systems have been met and unmet transit needs have been addressed, the remaining funds shall be distributed to the City and County for road maintenance purposes under an established formula.
The approval of this item will allow the Finance Director to submit the attached claim to the KernCOG.
FISCAL IMPACT:
$1,437,268 in revenue will be received by the City of Ridgecrest to fund transit operations.
ACTION REQUESTED:
Approve A Resolution Authorizing Submission of the Fiscal Year 2023-2024 Transportation Development Act Article 4 Claim to the Kern Council of Governments CITY MANAGER’S RECOMMENDATION:
Action as requested
Submitted by: Christopher Smith Action Date: May 1, 2024 This Page Intentionally Left Blank
RESOLUTION NO. 24-Xx
A RESOLUTION OF THE RIDGECREST CITY COUNCIL AUTHORIZING SUBMISSION OF THE FISCAL YEAR 2023-2024 TRANSPORTATION
DEVELOPMENT ACT CLAIM TO THE KERN COUNCIL OF
GOVERNMENTS
WHEREAS, the State of California enacted the Transportation Development Act (TDA) in 1972 to provide funds for transportation needs each fiscal year; and, WHEREAS, the Kern Council of Governments (KernCOG) is designated as the Transportation Planning Agency for the City of Ridgecrest to receive claims for approval pursuant to TDA rules and regulations; and,
WHEREAS, KernCOG has adopted funding of apportionment for the Local Transportation Funds for Fiscal Year 2023-2024; and,
WHEREAS, after transportation needs have been met, any unused funds may be used for streets and roads improvements.
NOW, THEREFORE, BE IT RESOLVED that the attached Fiscal Year 2023-2024 TDA Article 4 claim be hereby approved and that the Finance Director is hereby authorized to forward the claim to KernCOG.
APPROVED AND ADOPTED, this 1st day of May 2024, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Eric Bruen, Mayor
ATTEST:
Ricca Charlon, CMC
City Clerk
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I. Claimant Information
Agency: City of Ridgecrest
Mailing Address: 100 West California Avenue
Office Address:
City, State, Zip Ridgecrest, CA 93555
Telephone: (760) 499-5022
II. Contact Person
Name: Cheri Freese
Title: Finance Director
Department: Finance
Mailing Address: 100 West California Avenue
Office Address:
City, State, Zip Ridgecrest, CA 93555
Telephone: (760) 499-5022
FAX: (760) 499-1520
E-Mail: [email protected]
WEB Site: http://ridgecrest-ca.gov
Kern Council of Governments
TRANSPORTATION DEVELOPMENT ACT
PUBLIC TRANSIT CLAIM
2023-2024
PART 1 OF 8 -- CLAIMANT INFORMATION
A. CLAIM: The City of Ridgecrest hereby claims Local Transportation B. COMPLIANCE
ASSURANCES: The City of Ridgecrest hereby certifies that, as a condition of City of Ridgecrest
Claimant
Signature Date
CITY MANAGER
Title
C. FINANCIAL
ASSURANCES: As the chief financial officer of the City of Ridgecrest Signature Date
FINANCE DIRECTOR
Title
The person whose signature appears below has been authorized to provide the assurances cited above and to prepare, submit and execute this claim on behalf of:
I hereby attest to the reasonableness and accuracy of the financial information presented in this claim and declare it to be consistent with the uniform system of accounts and records adopted by the Controller of the State of California.
2. All funds will be expended in accordance with the budgets described in Part 6 of this claim, attached hereto and made a part hereof, by this reference.
These assurances are given in consideration of and the for the purpose of obtaining any and all funds apportioned and allocated for public transit purposes pursuant to Public Utilities Codes, Division 10, Part 11, Chapter 4 of the State of California.
1. All funds will be expended in compliance with the requirements of California Public Utilities Code Sections 99200 through 99408, California Code of Regulations Sections 6600 through 6756 and Kern Council of Governments' Transportation Development Act Rules and Regulations.
Fund and State Transit Assistance Fund apportionments and allocations for the 2022-2023 fiscal year plus all unencumbered funds and/or deferred revenues held in its local treasury for public transit uses. receiving funds pursuant to California Public Utilities Code Sections 99200, et. seq., and California Code of Regulations Sections 6600, et. seq., as amended, it shall ensure that:
PART 2 OF 8 - CLAIM AND ASSURANCES
For Fiscal Year 2023-2024
Kern Council of Governments
TRANSPORTATION DEVELOPMENT ACT
PUBLIC TRANSIT CLAIM
CLAIMANT: City of Ridgecrest
$ -
(848,707)
3,958
1. FTA Planning Assistance -
2. FTA Operating Assistance 101,817
3. FTA Capital Assistance -
4. 1. Other State, INCL Grants CMAQ 35,395
2. 1. LTF--Regional Planning (PUC 99262) 45,401
2. LTF--Operations/Capital (PUC 99260a) 1,311,998
3. LTF--Capital Reserve Withdrawl (CCR 6648)
4. LTF--Social Service Transit (PUC 99275)
5. LTF--Contracted/Purchased Transit Services (PUC 99400c)
6. STAF--Operations (CCR 6730a) 146,000
7. STAF--Capital (CCR 6730b)
8. STAF--Contracted/Purchased Transit Services (CCR 6731b)
9. STAF--Social Service Transit (CCR 6731c)
10. County of Kern--Service Contract(s) 265,494
11. 1. Passenger Fares 36,876
2. Special Fares -
3. School Bus Service -
4. Freight Tariffs -
5. Charters -
1. -
2. $ 1,098,232
Kern Council of Governments
PART 3 OF 8--PROJECTED PUBLIC TRANSIT RESOURCES
For Fiscal Year 2022-2023
I. FY 2023-2024 PROJECTED AVAILABLE RESOURCES
A. Deferred Revenues -- unexpended prior year cash receipts held in the claimant's treasury as of June 30, 2022 (from the most recent audit report) B. Unreserved/Unrestricted Retained Earnings
G. Operating Revenues:
H. Other Revenues (Source & Amount):
I. TOTAL FY 2023-2024 PROJECTED AVAILABLE RESOURCES -- enter here and Part 4, Line J (Sections A+B+C+D+E+F+G+H)
C. Interest Earnings -- interest earnings on claimant cash balances through June 30, 2022 D. Federal Grants & Reimbursements (Source & Amount):
E. State Grants & Reimbursements (Source & Amount):
F. Local Cash Grants & Reimbursements (Source & Amount) CLAIMANT: City of Ridgecrest
$1,098,232
1. Administrative Salaries & Wages 137,113
2. Operating Salaries & Wages 340,368
3. Other Salaries & Wages
4. Fringe Benefits 119,513
1. Professional Services 37,242
2. Maintenance Services 115,004
3. Other Services 8,449
4. Vehicle Maintenance & Supplies 7,562
5. Utilities 2,101
6. Insurance 61,427
7. Purchased Transportation Services -
8. Miscellaneous 6,109
9. Expense & Inter-fund Transfers 158,828
10. Interest -
11. Lease & Rentals -
12. Other 42,843
1. 2.
3. 4.
5. 1. Regional Planning Contribution (from FY 2023-2024 TDA Estimate) 45,401
2. 1,081,959
$ 16,273
Kern Council of Governments
PART 4 OF 8--PROJECTED PUBLIC TRANSIT EXPENSES
For Fiscal Year 2022-2023
J. TOTAL FY 2022-2023 PROJECTED AVAILABLE RESOURCES (From Part 3, Line I) II. FY 2022-2023 PROJECTED EXPENSES & USES
K. Personnel:
L. Services & Supplies:
M. Capital Assets (Itemize by Object & Amount):
N. Other Uses (Object & Amount):
O. FY 2022-2023 PROJECTED EXPENSES & USES (Sections K+L+M+N) P. DEFERRED REVENUES AND AVAILABLE RESERVES AS OF JUNE 30, 2022-- enter here and on Line A, Part 5 (Sections J-O)
CLAIMANT: City of Ridgecrest
$ 16,273
2,150
1. FTA Planning Assistance
2. FTA Operating Assistance 267,000
3. FTA Capital Assistance
4. 1. CMAQ; Prop 1B/PTMISEA 1,727,763
2. STATE OF GOOD REPAIR 923,849
1. Kern Couny Contract 214,000
2. 3.
1. Passenger Fares 24,575
2. Special Fares
3. School Bus Service
4. Freight Tariffs
5. Charters
1. OFFICE OF EMERGANCY SRVS
2. $ 3,175,610
I. FY 2023-2024 NONCURRENT TDA & OTHER BUDGETED RESOURCES A. Deferred Revenues & Available Reserves-- unexpended prior year cash receipts and reserves held in the claimant's treasury as of June 30, 2022 (From Part 4, Line P) F. Operating Revenues:
Kern Council of Governments
PART 5 OF 8--BUDGETED PUBLIC TRANSIT RESOURCES
For Fiscal Year 2023-2024
G. Other Revenues (Source/Amount):
I. FY 2022-2023 NONCURRENT TDA & OTHER BUDGETED RESOURCES--enter here and on Part 6, Line J (Sections A+B+C+D+E+F+G)
B. Interest Earnings--interest earnings on claimant cash balances through June 30, 2022 C. Federal Grants and Reimbursements:
D. State Grants and Reimbursements (Source/Amount):
E. Non-TDA Local Cash Grants and Reimbursement (Source/Amount):
CLAIMANT: ='Claimant Information'!$B$12
$ 3,175,610.03
1. Administrative Salaries & Wages 174,327.18
2. Operating Salaries & Wages 327,824.82
3. Other Salaries & Wages 1,000.00
4. Fringe Benefits 265,090.00
1. Professional Services 2,083,626.00
2. Maintenance Services 155,017.00
3. Other Services 17,000.00
4. Vehicle Maintenance & Supplies 57,458.00
5. Utilities 121,600.00
6. Insurance -
7. Purchased Transportation Services -
8. Miscellaneous 21,850.00
9. Expense & Inter-fund Transfers 184,973.00
10. Interest -
11. Lease & Rentals -
12. Other 45,000.00
1. Vehicles 449,211.00
2. Machinery & Equipments 3,500.00
3. Computer Hardware 10,000.00
4. Other Capital-Solar Shade structure 650,000.00
5. 1. Regional Planning Contribution (from most recent TDA estimate) $45,401
2. Capital Outlay Reserve Contribution
4,612,878
$ (1,437,268)
Kern Council of Governments
PART 6 OF 8--BUDGETED PUBLIC TRANSIT EXPENSES
For Fiscal Year 2023-2024
J. FY 2023-2024 NONCURRENT TDA & OTHER BUDGETED RESOURCES (From Part 5, Line I)
II. FY 2022-2023 BUDGETED EXPENSES & USES
K. Personnel:
L. Services & Supplies:
M. Capital Assets (Itemize and identify funding source - i.e., TDA, FTA 5311, CMAQ):
N. Other Uses:
O. FY 2023-2024 BUDGETED EXPENSES & USES (Sections K+L+M+N) P. FY 2023-2024 UNFUNDED BALANCE (Line J-O)
CLAIMANT: CITY OF RIDGECREST
($1,437,268)
1. LTF--Regional Planning (PUC 99262) (Same as Part 6, Line N1) $45,401
2. LTF--Operations/Capital (PUC 99260a) ($0)
3. LTF--Capital Reserve Withdrawal (CCR 6648)
4. LTF--Social Service Transit (PUC 99275)
5. LTF--Contracted/Purchased Transit Services (PUC 99400c)
6. LTF--Capital Res. Contrib.(CCR 6648) (Same as Part 6, Line N2)
7. STAF--Operations (CCR 6730a) $1,391,867
8. STAF--Capital (CCR 6730b)
9. STAF--Contracted/Purchased Transit Services ( CCR 6731b)
10. STAF--Social Service Transit (CCR 6731c)
11. 12.
$1,437,268
$0
I. FY 2023-2024 UNFUNDED BALANCE (From Part 6, Line P)
II. FY 2023-2024 TDA TRANSIT FUNDING CLAIM
III. FY 2023-2024 TDA FUNDING CLAIM (Should equal line I) UNEXPENDED RESOURCES AS OF JUNE 30, 2022 (Line I+Line III)(Should be $0) Kern Council of Governments
PART 7 OF 8--TDA FUNDING CLAIM
For Fiscal Year 2023-2024
6) Date of the most recent completed annual TDA internal audit: Month: Day: Year Attach the following documents:
2) A completed copy of the attached questionnaire (BELOW) on system characteristics and any additional documentation required as a result of responding to each query.
Kern Council of Governments
PART 8.1 OF 8--SUPPLEMENTAL PUBLIC TRANSIT INFORMATION
For Fiscal Year 2023-2024
1) A copy of the governing body's authorization to execute and file this claim. 5) A copy of the Department of California Highway Patrol form number CHP339, "Transit Operator Compliance Certificate", dated within the past 13 months, documenting participation in the California Department of Motor Vehicles "Driver Pull Notice Program.
4) A copy of the "unmet transit needs" documentation, including a legal notice of a public hearing, the minutes of the public hearing held by the local governing body and a resolution making the appropriate "unmet transit needs finding".
3) A listing of all transit service subcontractors (BELOW) and a copy of the contract document, if not previously submitted.
(NOTE: Place an "X" in the proper column)
Question YES NO
1. Have all recommendations for corrective action from the FY 2021-2022 independent financial audit report been implemented ? IF NO, PLEASE
SUBMIT A CORRECTIVE ACTION PLAN COVERING EACH
RECOMMENDATION NOT ADDRESSED. X
2. Have all recommendations for corrective action from the FY 2021-2022 performance audit report been implemented ? IF NO, PLEASE SUBMIT
A CORRECTIVE ACTION PLAN COVERING EACH
RECOMMENDATION NO ADDRESSED. X
3. Have all past transportation development plan recommendations been implemented ? IF NO, PLEASE SUBMIT A CORRECTIVE ACTION
PLAN COVERING EACH RECOMMENDATION NOT ADDRESSED. X
4. Does the claimant maintain it's financial records in accordance with the California State Controller's approved "uniform system of accounts and records ? X
5. Has the claimant submitted it's "Annual Report of Financial Transactions of Transit Operators" to the California State Controller for the fiscal year ended June 30, 2021 ? X
6. Is the system expected to meet the applicable farebox revenue ratio requirement for FY 2022-2023 ? (10% for rural and 20% for urbanized operators) X
7. Is the system budgeted to meet the applicable farebox revenue ratio requirement for FY 2023-2024 ? (10% for rural and 20% for urbanized operators) X
8. If the answer to questions 6 or 7 is NO (i.e. fares revenues alone are insufficient to meet the applicable revenue ratio requirement), has the claimant committed sufficient "local funds" to supplement fares and thereby comply ? X
9. Does the claimant expect to qualify for and claim an "extension of service exemption" for either FY 2022-2023 or FY 2023-2024 ? X
10. Is a budget increase in excess of 15% proposed for FY 2023-2024 ? X
11. Is an increase or decrease in excess of 15% in the scope of operations or capital budget provisions proposed for FY 2023-2024 ? X PART 8.2 OF 8--SYSTEM CHARACTERISTICS QUESTIONNAIRE
For Fiscal Year 2023-2024
Kern Council of Governments
(NOTE: Place an "X" in the proper column)
Question YES NO
(NOTE: If the answer to question 11 or 12 is YES, PLEASE SUBMIT A
STATEMENT WHICH DESCRIBES THE COMPONENTS OF THE
INCREASE/DECREASE AND JUSTIFIES OR SUBSTANTIATES THE
CHANGE.) Attached
12. Is the claimant proposing an increase in executive level salaries for FY 2023-2024 ? IF YES, PLEASE SUBMIT A STATEMENT WHICH
DEFINES AND JUSTIFIES THE INCREASE. X
13. Is the claimant precluded by contract from contracting with common carriers or persons operating under franchise or license ? X
14. Does the claimant expect to subcontract with outside parties for the provision of operator services in FY 2023-2024 ? IF YES, PLEASE
SUBMIT A COPY OF ALL NEW OR AMENDED CONTRACTS NOT
PREVIOUSLY SUBMITTED. X
15. Is the claimant precluded by contract from employing part-time drivers ? X
16. Does the claimant routinely staff public transportation vehicles designed to be operated by one person with two or more persons ? X
17. Has the claimant's participation in the California Department of Motor Vehicle "Driver Pull Notice Program" been certified by the California Highway Patrol within the past 13 months ? IF YES, PLEASE SUBMIT A COPY OF FORM chp 339, "TRANSIT OPERATOR COMPLIANCE
CERTIFICATE". X
18. Is the claimant's retirement system fully funded with respect to it's officers and employees ? X
19. Does the claimant have a private pension plan ? X
20. If the answer to question 19 is YES and the plan is a "defined benefit plan", does the claimant do each of the following: N/A
a. Conduct periodic actuarial studies of it's employee pension plans to determine the annual cost of future pension benefits ? N/A PART 8.3 OF 8--SYSTEM CHARACTERISTICS QUESTIONNAIRE
For Fiscal Year 2023-2024
Kern Council of Governments
b. Set aside and invest, on a current basis, funds sufficient to provide for the payment of future pension benefits ? N/A
8. (NOTE: If the contract is new or amended from prior years, please submit a copy.)
NOT APPLICABLE
9. 10.
7. 4.
5. 3.
1. LISTING OF SUBCONTRACTORS
2. 6.
For Fiscal Year 2023-2024
City of Ridgecrest
Kern Council of Governments
PART 8.4 OF 8--SYSTEM CHARACTERISTICS QUESTIONNAIRE
12. Is the claimant proposing an increase in executive level salaries for FY 2022-2023 ? IF YES, PLEASE SUBMIT A STATEMENT WHICH DEFINES AND JUSTIFIES THE INCREASE. (NOTE: If the answer to question 11 or 12 is YES, PLEASE SUBMIT A STATEMENT WHICH DESCRIBES THE COMPONENTS OF THE INCREASE/DECREASE AND JUSTIFIES OR SUBSTANTIATES THE CHANGE.) Kern Council of Governments
PART 8.3 OF 8--SYSTEM CHARACTERISTICS QUESTIONNAIRE
For Fiscal Year 2023-2024
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Discussion Regarding Appointments To Council Committees, Boards, And Commissions PRESENTED BY: Ricca L. Charlon – City Clerk
SUMMARY:
Pursuant to Municipal Code Chapter 2, Article VI, § 2-213, Committee members shall be appointed by the mayor with the advice and consent of the council. There are standing council committees, boards, and commissions that require appointments, these are listed below.
Each Council Member is to make a citizen nomination to serve on the following:
• Planning Commission
• Personnel Commission
• Handicap Appeals Board
• Construction Appeals Board
• Measure V
Council Members will hold discussions and decide who among them would like to serve on the following:
• Finance Committee
• Economic Development Committee
• City Organization and Services Committee
• Infrastructure Committee
• Parks, Recreation and Quality of Life
• Youth Advisory Council
• Ridgecrest Area Convention and Visitors Bureau (RACVB) • Quad State Local Government Authority
• Kern Council of Governments
• Navy Community Council
• IWV Groundwater Authority
• East Kern Air Pollution Control Board
• League of California Cities
• Round Table/BLM
• EAST Kern EDC
FISCAL IMPACT: None
ACTION REQUESTED: Appoint Members To Committees, Boards, And Commissions CITY MANAGER’S RECOMMENDATION:
Submitted by: Ricca Charlon Action Date: May 1, 2024
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7 This Page Intentionally Left Blank
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Hold A Public Hearing and Approve A Resolution Of The City Council Of The City Of Ridgecrest, California Confirming The Formation Of Landscaping And Lighting District No. 2024-1 And Concurrent Annexation Of Parcels Therein To The Ridgecrest Landscaping And Lighting District No. 2012-1, The Diagram And Assessments Related Thereto, Overruling All Protests Concerning The Assessments, And Ordering The Levy And Collection Of Assessments For Fiscal Year 2024/2025 PRESENTED BY: Travis Reed, Public Work Director
SUMMARY: As a condition of development, developers are typically required to annex their development into the existing City of Ridgecrest Landscaping and Lighting District No. 2012-1. At the April 17, 2024 City Council Meeting, the City Council adopted a Resolution of Intention which set May 1st, 2024 as the public hearing date for the proposed formation of Landscaping and Lighting District No. 2024-1 (“District 2024-1”) for the Mojave View Apartments and the concurrent annexation of District 2024-1 and the parcels therein (“Annexation 2024-1”) into Landscaping and Lighting District No. 2012-1 (“District 2012-1”) as Zone No. 06, pursuant to the provisions of the Landscaping and Lighting Act of 1972, being Part 2 of Division 15 of the California Streets and Highways Code and called for the protest ballot proceeding regarding the new assessments for parcels within Annexation 2024-1, in compliance with the substantive and procedural requirements of the California State Constitution, Articles XIIID.
The City of Ridgecrest is proposing annex the properties within Annexation 2024-1 to the district to ensure a dedicated revenue source to fund the expenses related to the special benefit to properties in Annexation 2024-1 and District for the ongoing maintenance, operation and servicing of the local streetscape landscaping areas and street lighting improvements established in connection with development of the properties and future development of properties within Annexation 2024-1. The territory and parcels within Annexation 2024-1 consists of the lots and parcels of land within the residential development identified as Mojave View Apartments, which encompass an area of land totaling approximately five acres (5.070 acres), identified on the Kern County Assessor’s Parcel Map Book 067, Page 040, Parcel 29, 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 Flores Avenue. The existing single parcel that incorporates all of the Mojave View Apartments, 76 – total units, will receive a special benefit from specific landscaping areas and street lighting being installed in connection with the development of this multifamily residential development.
Tonight, staff recommends that the City Council take the next and final steps to complete the formation of District 2024-1 and the concurrent annexation process for Annexation 2024-1:
1) It is requested that the City Council open the Public Hearing regarding the district formation and concurrent annexation of parcels within Annexation 2024-1 to District 2012-1 and the proposed assessments in order to accept public testimony and any written protests regarding these proceedings.
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
2) Upon conclusion of the public testimony, the Mayor will close the public hearing and direct the City clerk or their designee to open and tabulate the ballots received. 3) Upon completion of the tabulation, the City Clerk will present to the City Council the results of that tabulation which will be in the form of total dollars ($) in support of the assessments (“Yes” votes) and the total dollars ($) opposed to the assessments (“No” votes); and as a matter of procedure, the City Council would then adopt the first of two resolutions which formally declares the results of protest ballot proceedings.
4) Based on the weighted ballot tabulation results, if the “No” votes exceed the “Yes” votes then there is a majority protest of the proposed assessments and the City Council will abandon any further proceedings at this time to form District 2024-1 and annex this development (Annexation 2024-1) to the District or to levy the annual assessments. If majority protest does not exist, it is requested that the City Council adopt the second resolution which formally establishes District 2024-1 and concurrently annexes the parcels within District 2024-1 (Annexation 2024-1) to the District, confirms the District Diagram (Annexation Diagram) and assessments contained in the Engineer’s Report, and orders the levy and collection of the assessments for Annexation 2024-1 to be collected on the County tax rolls commencing in Fiscal Year 2024/2025 as identified in the Engineer’s Report.
The total annual maximum assessment amount balloted for Annexation 2024-1 is $17,847.83. The total assessment proposed for Fiscal Year 2024/2025 is $17,847.83. The proposed Fiscal Year 2024/2025 assessments if approved will be submitted to the County and collected on the property tax bills for Fiscal Year 2024/2025 along with the assessments for the other parcels with District 2012-1.
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.
2. 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.) Conduct the public hearing regarding the formation of landscaping and lighting district no. 2024-1 and the annexation of parcels therein as annexation 2024-1 to landscaping and lighting district no. 2012-1.
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
2.) After receiving all testimony, close the public hearing and direct city clerk or their designee to tabulate the ballots returned.
3.) Upon completion of the ballot tabulation adopt the following resolution.
No._____________ declaring the results of the property owner protest ballot proceeding conducted for the levy of assessments related to landscaping and lighting district no. 2024-1 and the annexation of the parcels therein as annexation 2024-1 to the Ridgecrest landscaping and lighting district no. 2012-1;
4.) If majority protest does not exist, adopt the following resolution (otherwise no further action id required).
No._____________ confirming the formation of landscaping and lighting district no. 2024-1 and annexation of the parcels therein as annexation 2024-1 to the Ridgecrest landscaping and lighting district no. 2012-1, the diagram and assessments related thereto, overruling all protests concerning the assessments, and ordering the levy and collection of assessments for fiscal year 2024/2025
CITY MANAGER’S RECOMMENDATION: Action as Requested
Submitted by: Travis Reed Action Date: May 1st, 2024
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RESOLUTION NO. 24 - xX
Resolution 24- Xx Page 1 of 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIDGECREST,
DECLARING THE RESULTS OF THE PROPERTY OWNER PROTEST
BALLOT PROCEEDING CONDUCTED FOR THE LEVY OF ASSESSMENTS COMMENCING IN FISCAL YEAR 2024/2025 RELATED TO THE FORMATION OF LANDSCAPING AND LIGHTING DISTRICT NO. 2024-1 AND
CONCURRENT ANNEXATION AND CONSOLIDATION OF SAID DISTRICT INTO THE RIDGECREST LANDSCAPING AND LIGHTING DISTRICT NO. 2012-1, AND APPROVING CERTAIN RELATED ACTIONS
WHEREAS, the City Council called and duly held a property owner protest ballot proceeding for the formation of Landscaping and Lighting District No. 2024-1 (“District”) and the concurrent annexation and consolidation of the parcels to Landscaping and Lighting District No. 2012-1 (“LLD 2012-1”) as Zone No. 6 pursuant to the provisions of the Landscaping and Lighting Act of 1972 being Part 2, Division 15 of the California Streets and Highways Code (the “Act”), and the California Constitution Article XIIID (the “Constitution”) for the purpose of presenting to the qualified property owners within the proposed District, the annual levy of assessments for the improvements connected therewith; and,
WHEREAS, the proposed District consists of approximately five acres (5.070 acres), currently identified on the Kern County Assessor’s Parcel Number (APN) Maps as Book 067, Page 040, Parcel 29, located at the northeast corner of N Norma Street and Mojave View Avenue. This single parcel is being developed into a 76-unit multi-family residential complex known as Mojave View Apartments. By reference this map is made part of this Resolution. The annual levy of assessments commencing in fiscal year 2024/2025, as presented to the affected property owners of record in this ballot proceeding, included and identified the initial maximum assessment rate including an inflationary adjustment (assessment range formula) applicable to future assessments.
These assessments as presented are intended to fund the special benefit costs and expenses related to the operation, maintenance and servicing of the landscaping and lighting improvements and appurtenant facilities that benefit those properties; and, WHEREAS, the landowner(s) of record within the proposed District as of the close of the public hearing held on May 1, 2024 did cast their ballots, weighted by the proportional financial obligation of each ballot, the results of which are illustrated below:
Total Ballots Cast Yes Total No Total
$ ____________ $ ____________ $ ____________
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 protest proceedings for the Annexation Territory was conducted pursuant to the provisions of the Constitution with ballots presented to the affected property owner(s) for receipt by the City Clerk prior to the conclusion of the public hearing on May 1, 2024, with each ballot weighted according to the proportional financial obligation of the affected property.
RESOLUTION NO. 24 - xX
Resolution 24- Xx Page 2 of 2
3. The tabulation and canvass of the property owner protest ballots was conducted by the City Clerk or their designee, with all valid protest ballots returned by the affected property owners being counted, the results of which as shown herein, have been presented to the City Council and are hereby confirmed.
4. The City Clerk is hereby directed to enter this Resolution into the minutes of the City Council, which shall constitute the official declaration of the result of such property owner protest proceeding.
5. This Resolution shall become effective immediately upon its adoption and the City Clerk shall certify the adoption of this Resolution.
APPROVED AND ADOPTED this 1st day of May 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Eric Bruen, Mayor
ATTEST:
_______________________________
Ricca Charlon, CMC, City Clerk
RESOLUTION NO. 24 - Xx
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIDGECREST,
CALIFORNIA CONFIRMING THE FORMATION OF LANDSCAPING AND
LIGHTING DISTRICT NO. 2024-1 AND CONCURRENT ANNEXATION OF
PARCELS THEREIN TO THE RIDGECREST LANDSCAPING AND LIGHTING DISTRICT NO. 2012-1, THE DIAGRAM AND ASSESSMENTS RELATED
THERETO, OVERRULING ALL PROTESTS CONCERNING THE
ASSESSMENTS, AND ORDERING THE LEVY AND COLLECTION OF
ASSESSMENTS FOR FISCAL YEAR 2024/2025
WHEREAS, pursuant to the provisions of the Landscaping and Lighting Act of 1972, Part 2 of Division 15 of the California Streets and Highways Code (the “Act”), in compliance with the substantive and procedural requirements of Article XIIID, Section 4 of the California State Constitution (the “California Constitution”) and the Proposition 218 Omnibus Implementation Act (the “Omnibus Act”), being Government Code section 53750 et seq., (collectively, the “Assessment Law”), the City of Ridgecrest (“City”) City Council by resolution initiated proceedings and ordered the preparation of an Engineer’s Report in connection with the proposed formation of Landscaping and Lighting District No. 2024-1 (the “District”) and the concurrent annexation and consolidation of the parcels to Zone No. 6 of Landscaping and Lighting District No. 2012-1 (“LLD 2012-1”) located within the City, at the northeast corner of N Norma Street and Mojave View Avenue, to fund in whole or in part, the special benefit costs and expenses for the ongoing maintenance, operation and servicing of the landscaping and lighting improvements and appurtenant facilities related thereto; and,
WHEREAS, after fully considering the Engineer's Report presented, the City Council adopted Resolution No. 24-23 preliminarily approving said Engineer's Report, declared its intention to form the District and concurrently annex and consolidate the parcel(s) to LLD 2012-1 as Zone No. 6; to conduct a property owner protest ballot proceeding regarding the proposed assessments in compliance with the substantive and procedural requirements of the Assessment Law; and set the public hearing for May 1, 2024 at 6:00 p.m. pursuant to a petition of the property owner owning 100% of the property within the proposed District, waving the 45-day mailed balloting period otherwise granted by the Constitution; and,
WHEREAS, notices and ballots were mailed to the affected property owners of record regarding the formation of the District and the concurrent annexation and consolidation to LLD 2012-1, and the proposed new assessments as described in the Engineer’s Report for return receipt prior to the close of the public hearing on May 1, 2024; and, WHEREAS, on May 1, 2024, the City Council held the duly noticed public hearing to consider all oral statements and written protests, objections, and communications made or filed by any interested person regarding the district formation, concurrent annexation and consolidation to LLD 2012-1, the proposed new assessments as described in the Engineer’s Report; and to receive and accept all protest ballots from the property owner(s) of record within the proposed District; and, WHEREAS, at the conclusion of the public hearing, a tabulation and canvass of the property owner protest ballots was conducted by the City Clerk or their designee, with all valid protest ballots returned by the affected property owners being counted; and, RESOLUTION NO. 24 - Xx
WHEREAS, by resolution the City Council confirmed the results of the ballot tabulation and property owner protest proceeding conducted in accordance with the provisions of the Assessment Law, the results of which indicated that majority protest did not exist for the new assessments as presented and to be levied on properties within the District commencing fiscal year 2024/2025.
NOW, THEREFORE, BE IT RESOLVED by the City Council of Ridgecrest, California, as follows:
1. The above recitals are true and correct.
2. Following notice duly given, the City Council has held a full and fair public hearing regarding the formation of Landscaping and Lighting District No. 2024-1, the concurrent annexation and consolidation of parcels within the District to Landscaping and Lighting District No. 2012-1, the levy and collection of assessments, and has considered all public testimony and written statements, protests and communications made or filed by interested persons, and ballots submitted and not withdrawn by affected property owners.
3. In accordance with the provisions of the Assessment Law, the City Council has evaluated the results of the property owner protest ballot proceedings and has determined that a majority protest of the proposed new assessments did not exist, and hereby overrules all oral or written protests that may have been presented concerning the annual assessments for the District commencing in Fiscal Year 2024/2025.
4. Based upon its review of the facts presented and the Engineer’s Report that has been filed with the City Clerk, the City Council hereby finds and determines that:
4a) The land within the District, which will be annexed and consolidated into LLD 2012-1 will receive special benefit from the operation, maintenance and servicing of the improvements to be provided by the District as described in the Engineer’s Report; and, 4b) The parcels within the District as defined by the Assessment Diagram contained in the Engineer’s Report, includes all of the lands receiving special benefit; and 4c) Pursuant to the Assessment Law, the net amount to be assessed upon the lands within the Annexation Territory has been apportioned by a formula and method which fairly distributes the net amount among all eligible parcels in proportion to the special benefit to be received by each parcel from the improvements and services to be provided.
5. The adoption of this Resolution constitutes the formation of the District and the concurrent annexation and consolidation of the parcels to Landscaping and Lighting District No. 2012-1 as Zone No. 6 as contained in the Assessment Diagram presented in the Engineer’s Report; the establishment of the maximum assessment rate and assessment range formula connected therewith; and the assessments to be levied for the fiscal year commencing July 1, 2024 and ending June 30, 2025, as described in the Engineer’s Report and adopted by the City Council.
6. The City Council hereby orders the District improvements to be made for fiscal year 2024/2025 as outlined by the Engineer’s Report and by these proceedings. The diagram and assessments shall be filed in the Office of the City Clerk. Said diagram and assessments, and the certified copy thereof, shall be open for public inspection.
RESOLUTION NO. 24 - Xx
7. Pursuant to applicable law, City staff or their designee is hereby authorized and directed to file with the Kern County Auditor/Controller the levy of assessments for fiscal year 2024/2025 as approved herein either separately or together with the other assessments for LLD 2012-1, along with a certified copy of this Resolution and/or other Resolutions and documents as may be required by the County Auditor/Controller or County Assessor, including a copy of the Engineer’s Report or Assessment Diagram confirmed by this Resolution.
8. The City Clerk shall certify to the passage and adoption of this Resolution, and the minutes of this meeting shall so reflect the City Council’s approval of the formation of the District; the concurrent annexation and consolidation of said District into the Landscaping and Lighting District No. 2012-1 as Zone No. 6; the confirmation of the Assessment Diagram; and the establishment of the maximum assessment rate and assessment range formula as outlined in the Engineer’s Report and approved in these proceedings.
APPROVED AND ADOPTED this 1st day of May 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
_________________________________
Eric Bruen, Mayor
ATTEST:
_______________________________
Ricca Charlon, CMC, City Clerk
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CITY COUNCIL AGENDA ITEM
SUBJECT: Second Reading And Adoption, Ordinance 24-05, An Ordinance Of The Ridgecrest City Council Amending The Ridgecrest Municipal Code Chapter 106 (Zoning) Regarding Residential Care Homes And Employee Housing
PRESENTED BY:
Heather Spurlock, City Planner
BACKGROUND
California’s Employee Housing Act (California Health and Safety Code Section 17021.5) requires jurisdictions to permit employee housing for six or fewer employees as a single-family use.
Employee Housing is required to obtain a permit to operate from the Department of Housing and Community Development.
Employee Housing is defined by the State of California as:
In general, employee housing is privately-owned housing that houses five or more employees and meets the following:
• Living quarters provided in connection with any work, whether or not rent is involved. • Housing in a rural area that is:
o Provided by someone who is not an agricultural employer, and o Provided for agricultural workers employed by any agricultural employer.
California Government Code Section 65583(a)(4) and 65583(a)(5) states that jurisdictions must identify zones where emergency shelters are permitted without discretionary review, and demonstrate that transitional housing and supportive housing are considered a residential use and subject only to those restrictions that apply to other residential dwellings of the same type in the same zone.
California Health and Safety Code Section 1568.0831(5) states that no conditional use permit, zoning variance, or other zoning clearance shall be required of a residential care facility that serves six or fewer persons that is not required of a family dwelling of the same type in the same zone.
This proposed amendment was recommended by Planning Commission at the February 27, 2024 meeting. The City Council approved the first reading and introduction of the Ordinance on April 3, 2024.
ANALYSIS
The proposed municipal code amendments bring the municipal code into compliance with the State regulations. The proposed changes are as follows:
The following definitions will be added to the RMC.
Single family residential will add permitted uses for employee housing of six or fewer, and residential care facilities. A conditional use permit will be required for and residential care facilities that serve seven or more persons.
The R-3 & R-4 Medium Density Multifamily districts will add permitted uses for employee housing, residential care facilities, single room occupancy, supportive housing, and transitional housing. A conditional use permit will be required for residential care homes for seven to fourteen persons. §106-2 Definitions
"Employee housing" means housing as described, defined, and regulated by the Employee Housing Act, Sections 17000 et seq. of the California Health and Safety Code.
Employee Housing for up to six persons per dwelling is permitted in the R-1 (single-family residential) zone, and in the RM (multiple family residential) zones, subject to density standards of the particular zone. In the UR (urban reserve) zone, employee housing is permitted for up to twelve units or thirty-six beds.
"Residential care home" means a state authorized, certified or licensed family care home or foster home serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children on a twenty-four-hour basis. “Single Room Occupancy Unit” (SRO) means a facility providing dwelling units where each unit has a minimum floor area of 150 square feet and a maximum floor area of 400 square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.
§ 106-318. -R-1 Single-Family Residential District
Permitted uses:
(6) Employee housing for six or fewer employees.
(7) Residential care homes for six or fewer
Conditional uses:
(9) Residential care homes for seven to fourteen persons The following parking requirements will be added for emergency shelters and supportive housing.
Environmental Analysis
This Ordinance is not subject to environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378 because it can be seen with certainty that the Ordinance has no possibility of a significant effect on the environment.
This Ordinance concerns organizational and administrative activities involving clarifications or interpretations of existing Zoning Code regulations and it can be seen with certainty that it will not result in any physical changes in the environment. Anything approved per this code section would be either categorically exempt from CEQA or undergo its own environmental review once an application is submitted.
§ 106-320 R-3 Medium Density Multifamily Residential District Permitted uses:
(8) Employee housing
(9) Residential care homes for six or fewer
(10) Single room occupancy
(11) Supportive housing
(12) Transitional housing
Conditional uses:
(10) Residential care homes for seven to fourteen persons § 106-321. – R-4 Medium Density Multifamily Residential District Permitted uses:
8) Employee housing
(9) Residential care homes for six or fewer
(10) Single room occupancy
(11) Supportive housing
(12) Transitional housing
Conditional uses:
(10) Residential care homes for seven to fourteen persons § 106-367. -Residential parking requirements
Emergency Shelters 1 space for every ten beds, plus one space per employee on the maximum shift
Supportive Housing,
Transitional Housing, &
Single room occupancy units
1 parking space per unit, plus one space per employee
on the maximum shift
RECOMMENDED MOTIONS:
Motion to waive reading in full, Ordinance 24-05, an Ordinance of the Ridgecrest City Council, amending the Ridgecrest Municipal Code Chapter 106 (Zoning) regarding residential care homes and employee housing.
Requires a second
Motion to adopt, by title only, Ordinance 24-05, an Ordinance of the Ridgecrest City Council, amending the Ridgecrest Municipal Code Chapter 106 (Zoning) regarding residential care homes and employee housing.
Requires a second
FISCAL IMPACT: None
ACTION REQUESTED: Approve recommended motions
CITY MANAGER RECOMMENDATION:
Action as requested
Submitted by: Heather Spurlock Action Date: May 1, 2024 ORDINANCE NO. 24-05
AN ORDINANCE OF THE CITY COUNCIL OF
RIDGECREST AMENDING CHAPTER 106 (ZONING) OF
THE RIDGECREST MUNICIPAL CODE REGARDING
RESIDENTIAL CARE HOMES AND EMPLOYEE HOUSING
WHEREAS, California Constitution Article XI, Section 7, enables the City of Ridgecrest (the “City”) to enact local planning and land use regulations; WHEREAS, the authority to adopt and enforce zoning regulations is an exercise of the City’s police power to protect the public health, safety, and welfare; WHEREAS, the City desires to ensure that development occurs in a prudently effective manner, in accordance with the goals and objectives of the General Plan and reasonable land use planning principles;
WHEREAS, the City desires to update its regulations related to the Residential Care Homes and Employee Housing.
WHEREAS, the planning commission held a public hearing and considered the proposed ordinance and recommended for Council approval; and
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RIDGECREST, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. The recitals above are true and correct and incorporated herein by reference.
SECTION 2. Section 106-2 (Definitions) of Article I (In General) of Chapter 106 (Zoning) of the Ridgecrest Municipal Code is hereby amended to add the following definitions:
“"Employee housing" means housing as described, defined, and regulated by the Employee Housing Act, Sections 17000 et seq. of the California Health and Safety Code. Employee Housing for up to six persons per dwelling is permitted in the R-1 (single-family residential) zone, and in the RM (multiple family residential) zones, subject to density standards of the particular zone. In the UR (urban reserve) zone, employee housing is permitted for up to twelve units or thirty-six beds.
"Residential care home" means a state authorized, certified or licensed family care home or foster home serving six or fewer mentally disordered or otherwise handicapped persons or dependent and neglected children on a twenty-four-hour basis. “Single Room Occupancy Unit” (SRO) means a facility providing dwelling units where each unit has a minimum floor area of 150 square feet and a maximum floor area of 400 square feet. These dwelling units may have kitchen or bathroom facilities and shall be offered on a monthly basis or longer.”
ORDINANCE NO. 24-05 Page 2 of 8
SECTION 3. Section 106-318 (R-1 Single Family Residential District) of Division 1 (Generally) of Article IV (Zoning District Regulations) of Chapter 106 (ZONING) of the Ridgecrest Municipal Code is hereby amended in its entirety to read as follows:
“(a)One-family dwelling district. This section shall apply in the R-1 Single-Family Residential District unless otherwise provided in this Code. (b)Permitted uses.
(1)A one-family dwelling.
(2)Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.
(3)Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.
(4)Home occupations.
(5)Accessory dwelling units subject to the requirements of section 106-37. (6) Employee housing for six or fewer employees.
(7) Residential care homes for six or fewer
(c)Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter. (1)Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges, day care centers, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions.
(2)Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, not including hospitals, sanitariums, rest homes or nursing homes for mental or drug addict or liquor addict cases.
(3)Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers. (4)Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks. (5)Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and signs and model home display areas.
(6)Lodges, social halls, fraternal organizations operated by a nonprofit organization.
(7)Mobilehome parks.
(8)Parking lots.
(9) Residential care homes for seven to fourteen persons. (d)Building height. Building height shall not exceed 35 feet. (e)Site area. The minimum site area shall be 6,000 feet. (f)Lot frontages. Each site shall have no less than 60 feet of frontage on a public street, except for those sites fronting on a cul-de-sac or knuckle which may have a frontage of not less than 40 feet.
(g)Lot width. The minimum width of each interior lot shall be no less than 60 feet except ORDINANCE NO. 24-05 Page 3 of 8
as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width. (h)Lot depth. The minimum depth of each lot shall be no less than 100 feet. (i)Site density. Not more than one dwelling unit shall be permitted on each site. (j)Coverage. The maximum site area covered by structure, not including swimming pools, shall not exceed 60 percent.
(k)Yard requirements.
(1)Front yard. The minimum front yard setback shall be 20 feet unless located on a cul-de-sac or knuckle. In this case the minimum setback line shall be determined by scribing a straight line between two points located 20 feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than 15 feet. (2)Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.
(3)Side yard. There shall be a side yard on each side of a main building of not less than five feet on one side and not less than ten feet on the other side subject to the following conditions and exceptions:
a. On a reversed corner lot, the street side yard shall not be less than onehalf the required front yard of the adjoining key lot. b. Where a lot contains a pedestrian easement, all structures shall have a minimum side yard of five feet from the edge of the easement. c. Garages and carports taking direct access from the street shall provide a minimum of 20 feet of parking space between the structure and the front or street side property line. When adjacent to an alley, they shall be no less than 15 feet from centerline of said alley.
d. Any land lawfully subdivided prior to January 1, 1974 and having a lot frontage of less than 60 feet as specified in subsection (f) of this section shall not be required to comply with the requirement for a ten-foot side yard. In this case a five-foot side yard is the minimum requirement except as otherwise provided.” SECTION 4. Section 106-320 (R-3 Medium Density Multifamily Residential District) of Division 1 (Generally) of Article IV (Zoning District Regulations) of Chapter 106 (Zoning) of the Ridgecrest Municipal Code is hereby amended in its entirety to read as follows:
“(a)Application. This section shall apply to the R-3 Medium Density Multifamily Residential District unless otherwise provided under this Code. (b)Permitted uses. The following uses may be permitted subject to the application for a site plan review pursuant to division 4 of article II of this chapter. (1)Multifamily residential dwellings.
(2)A one-family dwelling.
(3)Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure are both located on adjacent lots which meet minimum area requirements.
(4)Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.
(5)Home occupations.
ORDINANCE NO. 24-05 Page 4 of 8
(6)Accessory dwelling units subject to the requirements of section 106-37. (7)Emergency shelters.
(8) Employee housing.
(9) Residential care homes for six or fewer.
(10) Single room occupancy.
(11) Supportive housing.
(12) Transitional housing.
(c)Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter. (1)Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges, day care centers, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions.
(2)Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, but not including hospitals, sanitariums, rest homes or nursing homes for mental or drug addict or liquor addict cases.
(3)Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers. (4)Electrical distribution substations, gas regulator stations communications equipment buildings, public service pumping stations and/or elevated pressure tanks. (5)Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and model home display areas.
(6)Lodges, social halls, fraternal organizations operated by a nonprofit organization.
(7)Mobilehome parks.
(8)Parking lots.
(9)Bed and breakfast inns.
(10) Residential care homes for seven to fourteen persons. (d)Site area. The minimum site area shall be 6,000 square feet. (e)Building height. Building height shall not exceed 35 feet. (f)Lot frontage. Each site shall have no less than 60 feet of frontage on a public street, except that those sites which front on a cul-de-sac or knuckle may have a frontage of not less than 40 feet.
(g)Lot width. The minimum width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width. (h)Lot depth. The minimum depth of each lot shall be no less than 100 feet. (i)Site density. The minimum site area per dwelling unit shall be 2,000 square feet. (j)Coverage. The maximum site area covered by structures shall not exceed 65 percent. (k)Yard requirements.
(1)Front yard. The minimum front yard setback shall be 15 feet with no parking permitted in the setback except on driveways which shall accommodate no more than one automobile per dwelling unit nor occupy more than 75 percent of the setback area. On a cul-de-sac or knuckle lot, the minimum front yard setback line shall be determined by ORDINANCE NO. 24-05 Page 5 of 8
scribing a straight line between two points located 15 feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than 12 feet. (2)Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.
(3)Side yard. The minimum side yard setback on each side of a main building shall not be less than five feet except that on the street side of corner lots there shall be a side yard of not less than ten feet.
(4)Garages and carports. Garages and carports taking direct access from the street shall provide a minimum of 20 feet of parking space between the structure and the front or street side property line. When adjacent to an alley, they shall be no less than 15 feet from centerline of said alley.
(l)Site plan review. All uses in the R-3 district except single-family dwellings shall comply with the provisions of division 4 of article II of this chapter.” SECTION 5. Section 106-321 (R-4 Medium Density Multifamily Residential District) of Division 1 (Generally) of Article IV (Zoning District Regulations) of Chapter 106 (Zoning) of the Ridgecrest Municipal Code is hereby amended in its entirety to read as follows:
“(a)Application. This section shall apply to the R-4 Medium Density Multifamily Residential District unless otherwise provided in this Code. (b)Permitted uses. The following uses may be permitted subject to the application for a conditional use permit per division 4 of article II of this chapter. (1)A one-family dwelling.
(2)Accessory structures which shall be located on the same parcel of land unless the main building and the accessory structure area both located on adjacent lots which meet minimum area requirements.
(3)Private greenhouses and horticultural collections, flower and vegetable gardens and fruit trees not intended for commercial purposes.
(4)Home occupations.
(5)Accessory dwelling units subject to the requirements of section 106-37. (6)Emergency shelters.
(8) Employee housing.
(9) Residential care homes for six or fewer.
(10) Single room occupancy.
(11) Supportive housing.
(12) Transitional housing.
(c)Conditional uses. The following uses may be permitted subject to the application for a conditional use permit per division 3 of article II of this chapter. (1)Public and quasi-public uses of an educational or religious type including public and parochial elementary schools, junior high schools, high schools and colleges, day care centers, nursery schools, private nonprofit schools and colleges, churches, parsonages and other religious institutions.
(2)Public and private charitable institutions, hospitals, sanitariums, rest homes and nursing homes, but not including hospitals, sanitariums, rest homes or nursing homes for ORDINANCE NO. 24-05 Page 6 of 8
mental or drug addict or liquor addict cases.
(3)Public uses of an administrative, recreational, public service or cultural type including city, county, state or federal administrative centers and courts, libraries, museums, art galleries, police and fire stations and other public buildings, structures and facilities, public playgrounds, parks and community centers. (4)Electrical distribution substations, gas regulator stations, communications equipment buildings, public service pumping stations and/or elevated pressure tanks. (5)Enclosed temporary construction materials storage yards required in connection with the development of a subdivision, and temporary subdivision sales offices and model home display areas.
(6)Lodges, social halls, fraternal organizations operated by a nonprofit organization.
(7)Mobilehome parks.
(8)Parking lots.
(9)Bed and breakfast inns.
(10) Residential care homes for seven to fourteen persons. (d)Site area. The minimum site area shall be 6,000 square feet. (e)Building height. Building height shall not exceed 35 feet. (f)Lot frontage. Each site shall not have less than 60 feet of frontage on a public street, except that those sites which front on a cul-de-sac or knuckle may have a frontage of not less than 40 feet.
(g)Lot width. The minimum lot width of each interior lot shall be no less than 60 feet except as noted in subsection (f) of this section. A corner lot shall be no less than 65 feet in width. (h)Lot depth. The minimum depth of each lot shall be no less than 100 feet. (i)Site density. The minimum site area per dwelling unit shall be 1,000 square feet. (j)Coverage. The maximum site area covered by structures shall not exceed 70 percent. (k)Yard requirements.
(1)Front yard. The minimum front yard setback shall be ten feet with no parking permitted in the setback except on driveways, which shall accommodate no more than one automobile per dwelling unit nor occupy more than 75 percent of the setback area. On a cul-de-sac or knuckle lot, the minimum front yard setback line shall be determined by scribing a straight line between two points located ten feet behind the front property line on the side property lines. In no case shall any portion of the setback line be less than eight feet.
(2)Rear yard. The minimum rear yard shall be ten feet. Accessory structures may be located in any portion of a required rear yard provided they do not encroach into a utility easement. Further, the drip line of an accessory structure shall not fall outside of the lot on which the accessory structure is installed.
(3)Side yard. The minimum side yard setback on each side of a main building shall not be less than five feet except that on the street side of corner lots there shall be a side yard of not less than ten feet.
(4)Garages and carports. Garages and carports taking direct access from the street shall provide a minimum of 20 feet of parking space between the structure and the front or street side property line. When adjacent to an alley, they shall be no less than 15 feet from centerline of said alley.
(l)Site plan review. All uses in the R-4 district except single-family dwelling shall comply ORDINANCE NO. 24-05 Page 7 of 8
with the provisions of division 4 of article II of this chapter.” SECTION 6. Section 106-367 (Residential Parking Requirements) of Article V (Off Street Parking) of Chapter 106 (Zoning) of the Ridgecrest Municipal Code is hereby amended in its entirety to read as follows:
“Residential off-street parking requirements shall be as follows:
RESIDENTIAL OFF-STREET PARKING REQUIREMENTS
Single-family detached dwellings Two open or enclosed spaces Multifamily dwelling units:
One-bedroom 1½ parking spaces per unit
Two-bedrooms Two parking spaces per unit
Three or more bedrooms 2½ parking spaces per unit.
Note: In addition, one guest parking space
shall be provided on-site in a convenient and
accessible location for each five residential
units. Projects on sites with four or fewer units
are exempt from this requirement.
Condominiums or townhouses:
One bedroom 1½ parking spaces/dwelling unit.
Two bedroom Two parking spaces/dwelling unit.
Three bedrooms or more 2½ spaces/dwelling unit.
Note: In addition, one-third parking space shall
be provided for each dwelling unit for guest
parking and one space for each five units shall
be provided for recreational vehicles.
Mobilehome park Two parking spaces/dwelling unit plus one space for each five units for guests.
Housing for elderly (public or federally
assisted)
One parking space/dwelling unit plus one
parking space for each five units for guests.
Inclusionary housing for elderly Residential parking requirements for developments providing at least 50 percent of
the units exclusively for elderly persons may
be reduced up to 50 percent upon site plan
review and approval by the city.
Emergency Shelters 1 space for every ten beds, plus one space per employee on the maximum shift.
Supportive Housing, Transitional Housing, &
Single room occupancy units
1 parking space per unit, plus one space per
employee on the maximum shift
“
SECTION 7. This Ordinance is not subject to environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines Sections 15061(b)(3) and 15378 because it can be seen with certainty that the Ordinance has no possibility of a significant ORDINANCE NO. 24-05 Page 8 of 8
effect on the environment. This Ordinance concerns organizational and administrative activities involving clarifications or interpretations of existing Zoning Code regulations and it can be seen with certainty that it will not result in any physical changes in the environment. Anything approved per this code section would be categorically exempt or undergo its own CEQA review once an application was submitted.
SECTION 8. Any provision of the Ridgecrest Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of his Ordinance.
SECTION 9. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional.
SECTION 10. 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 1
st day of May, 2024 by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Eric Bruen, Mayor
ATTEST:
Ricca Charlon, City Clerk
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Second Reading And Adoption, Ordinance 24-04, An Ordinance Of The City Council Of Ridgecrest Granting A Non-Exclusive Taxi Franchise With Blue Line Taxi PRESENTED BY: Captain Aaron Tucker, Acting Chief of Police SUMMARY:
On April 17, 2024, the City Council was presented the first reading of the Non-Exclusive Taxi Franchise Ordinance for Blue Line Taxi. This presents the second reading of that Ordinance.
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. Above said rates were published by the city clerk on 19, May 2024.
Per the Ridgecrest Municipal Code (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.
Per the RMC, 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.
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
Recommended Motions:
Motion To Waive Reading In Full Ordinance 24-04, An Ordinance Of The City Council Of Ridgecrest Granting A Non-Exclusive Taxi Franchise – Blue Line Taxi Requires A Second Motion To Adopt Ordinance 24-04, An Ordinance Of The City Council Of Ridgecrest Granting A Non-Exclusive Taxi Franchise – Blue Line Taxi Requires A Second
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: May 1, 2024
(Revised Jan2019)
ORDINANCE NO. 24-04
AN ORDINANCE OF THE RIDGECREST CITY COUNCIL AWARDING A
NON-EXCLUSIVE TAXI FRANCHISE TO BLUE LINE 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: Blue Line 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 1st day of May, 2024 by the following vote:
AYES:
NOES:
ABSENT:
Eric A. Bruen, Mayor
ATTEST:
Ricca Charlon, City Clerk
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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 May 1, 2024. (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 the effective date and terminating on May 1, 2027, 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 CITY reserves the right to approve in advance the form and content of any agreements to be used between FRANCHISEE and its licensed drivers.
Blue Line Taxi Franchise Agreement Page 2 of 6
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.
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.
Blue Line Taxi Franchise Agreement Page 3 of 6
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.
f. Drivers. All driver(s) working for the franchisee must fully comply with RMC 7.51.
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.
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.
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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, 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.
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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.
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: _________________________
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EXHIBIT “A”
DESIGN SCHEME & ENHANCEMENTS