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
December 17, 2025
Regular Session 6:00 p.m.
City Hall, Council Chambers
100 100 West California Avenue
Ridgecrest CA 93555
Ricca Charlon, CMC
City Clerk
[email protected]
(760) 499-5002
In compliance with the Americans with Disabilities Act, if you are a disabled person and you need a disability-related modification or accommodation to participate in the meeting, please contact Ricca Charlon at (760) 499-5002. Requests must be made as early as possible and at least one full business day before the start of the meeting.
Watch meetings on-line:
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Call in for public comments:
To participate with verbal comments, please call (760) 499-5010. This phone line will allow only one caller at a time, so if the line is busy, please continue to dial. We will be allowing a 20-30 second delay between callers to give time for media delays and callers to dial in. If you wish to comment on multiple items you will need to call in as each item is presented.
CITY COUNCIL
Travis Endicott, Mayor
Kyle Blades, Mayor Pro-Tem
Solomon P. Rajaratnam, 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, December 17, 2025 Regular Session – 6:00 p.m.
CALL TO ORDER
ROLL CALL
APPROVAL OF AGENDA
REGULAR SESSION
• Pledge Of Allegiance
• Invocation
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA - Persons wishing to address the Council on matters that are within the Council’s jurisdiction and DO NOT ALREADY APPEAR ON THE AGENDA, may do so at this time.
COUNCIL ANNOUNCEMENTS/DIRECTION
CONSENT CALENDAR – All Matters Listed Under The Consent Calendar Are To Be Considered Routine And Enacted By One Motion Unless Pulled By A Council Member Or A Member Of The Public.
1. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Charlon
2. A Resolution Of The City Council Of The City Of Ridgecrest To Amend The Zero Tolerance Drug And Alcohol Testing Policy Inclusive Of Attachments Reed
3. A Resolution Of The Ridgecrest City Council Setting A Date For The Unmet Transit Needs Hearing Transit
DISCUSSION / ACTION ITEMS
4. Request For The Permanent Revocation Of Business Licenses For Motel-6 And Clarion Pointe Hotels (Ridgecrest Municipal Code Section 9-236) Attorney
5. A Resolution Of The Ridgecrest City Council Approving An Amendment To The Professional Services Agreement With Flewelling & Moody, Inc., For Consulting Services For A Value Engineering Study Roberts
6. Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) Regular Meeting And/or The Potential Removal from, or Different Placement Of This Item On The City Council Agenda Hayman / Blades
AGENDA - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – December 17, 2025
COMMITTEE REPORTS
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, 1st Floor
➢ Next meeting January 5, 2026
Finance Committee
Members: Solomon Rajaratnam and Scott Hayman
Meeting: 2nd Tuesday each month at 5:30 p.m.
Location: City Hall Conference Room B, 1st Floor
➢ Report from December 9, 2025
Infrastructure Committee
Members: Mayor Endicott and Kyle Blades
Meeting: 4th Thursday each month at 5:00 p.m.
Location: City Hall Conference Room B, 1st Floor
➢ Next meeting January 22, 2026
Parks, Recreation, and Quality of Life Committee
Members: Mayor Endicott and Scott Hayman
Meeting: 1st Tuesday each month at 5:30 p.m.
Location: City Hall Council Chambers
➢ Next meeting January 6, 2026
OTHER COMMITTEES, BOARDS, OR COMMISSIONS
CITY MANAGER REPORT
FUTURE AGENDA ITEMS
MAYOR AND COUNCIL COMMENTS
ADJOURNMENT
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Regular Meeting December 3, 2025
PRESENTED BY: Ricca Charlon, City Clerk
SUMMARY:
Draft Minutes of the City Council / Successor Redevelopment Agency / Housing Authority / Financing Authority Regular Meeting December 3, 2025
FISCAL IMPACT: None
ACTION REQUESTED: Approve minutes
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: December 17, 2025 This Page Intentionally Left Blank
RIDGECREST CITY COUNCIL
SUCCESSOR REDEVELOPMENT AGENCY
FINANCING AUTHORITY
HOUSING AUTHORITY
DRAFT MINUTES
Wednesday, December 3, 2025 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 – 6:00 p.m.
Council Present: Mayor Endicott; Mayor Pro-Tem Blades; Vice Mayor Rajaratnam; Council Member Hayman; Council Member Gorman
Absent: None
Staff Present: City Attorney M. Koczanowicz (WebEx); City Manager Strand; City Clerk Charlon APPROVAL OF AGENDA - Motion To Approve - Hayman – Rajaratnam – 5 ayes
REGULAR SESSION
PRESENTATION
Employee Service Award Presentations Council
PUBLIC COMMENT OF ITEMS NOT ON THE AGENDA
Unknown speaker, B. Bain
COUNCIL ANNOUNCEMENTS/DIRECTION
CONSENT CALENDAR
1. Proposed Action To Approve Draft Minutes Of The Ridgecrest City Council Charlon
2. Review And Approve Recognized Obligation Payment Schedule (ROPS) 2026-27 And Administrative Budget For Fiscal Year 2026-27 Of The Successor Agency To The Ridgecrest Redevelopment Agency And Approval Of Resolution Brewton Motion To Approve Consent Calendar - Blades – Rajaratnam – 5 ayes
DISCUSSION / ACTION ITEMS
3. A Resolution Of The Ridgecrest City Council Approving A New Salary Schedule For Sworn Officer Positions Reed
Motion To Approve – Blades - Hayman – 5 ayes
COMMITTEE REPORTS
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, 1st Floor
➢ Report from December 1, 2025
DRAFT MINUTES - CITY COUNCIL / SUCCESSOR REDEVELOPMENT AGENCY / FINANCING AUTHORITY / HOUSING AUTHORITY REGULAR – December 3, 2025
Finance Committee
Members: Solomon Rajaratnam and Scott Hayman
Meeting: 2nd Tuesday each month at 5:30 p.m.
Location: City Hall Conference Room B, 1st Floor
➢ Next meeting December 9, 2025
Infrastructure Committee
Members: Mayor Endicott and Kyle Blades
Meeting: 4th Thursday each month at 5:00 p.m.
Location: City Hall Conference Room B, 1st Floor
➢ Next meeting January 22, 2026
Parks, Recreation, and Quality of Life Committee
Members: Mayor Endicott and Scott Hayman
Meeting: 1st Tuesday each month at 5:30 p.m.
Location: City Hall Council Chambers
➢ Report from December 2, 2025
OTHER COMMITTEES, BOARDS, OR COMMISSIONS
CITY MANAGER REPORT
FUTURE AGENDA ITEMS
IWVGA Discussion Item Removal From City Council Agenda
MAYOR AND COUNCIL COMMENTS
ADJOURNMENT – 7:00 p.m.
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Of The City Council Of The City Of Ridgecrest To Amend The Zero Tolerance Drug And Alcohol Testing Policy Inclusive Of Attachments PRESENTED BY: Travis Reed, Deputy City Manager/Public Work Director SUMMARY:
After a compliance audit for the Department of Transportation (DOT), Federal Transit Administration (FTA) and Federal Motor Carrier Safety Administration (FCSMA) Drug and Alcohol Monitoring Program. With the conclusion of the Audit, staff is editing the policy to better fit the recommendations.
This resolution is to approve the recommended changes. In the future staff will bring this policy back yet again to add an additional piece to the policy to encompass some other safety sensitive job functions.
Staff recommends the approval of the policy and Attachment A & B as written and Designates Patricia Rockwell as the DAPM, Marissa Weathers as the alternate; Dr. John Womack as the MRO; Tia Brisco as the SAP; and Med Tox Labs as the HHS Certified Lab for primary and split specimen screening.
FISCAL IMPACT: None
ACTION REQUESTED:
1. Adopt a Resolution to amend the City’s Zero Tolerance Drug and Alcohol Testing Policy.
2. Accept the changes to Attachment A & B, as included in the policy.
CITY MANAGER’S RECOMMENDATION: Action as Requested
Submitted by: Travis Reed Action Date: Dec. 17
th
, 2025
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RESOLUTION NO. 25-XX
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RIDGECREST TO
AMEND THE ZERO TOLERANCE DRUG AND ALCOHOL TESTING POLICY
INCLUSIVE OF ATTACHMENTS
WHEREAS, the City of Ridgecrest maintains a Zero Tolerance Drug and Alcohol Testing Policy, which ensures a safe and compliant workplace for all employees; and, WHEREAS, previously prior to the DOT audit, Attachment B of the policy was updated; and,
WHEREAS, during said DOT audit a list of recommendations from DOT and Caltrans were obtained; and,
WHEREAS, this amendment is necessary to maintain compliance with applicable federal and state drug and alcohol testing requirements and to ensure accurate documentation in all official policy attachments; and,
WHEREAS, the City Council of the City of Ridgecrest supports this amendment to ensure ongoing accountability and conformance with all regulatory obligations.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest hereby:
1. Adopts a Resolution to amend the City’s Zero Tolerance Drug and Alcohol Testing Policy.
2. Accepts the changes to Attachment A & B, as included in the policy.
APPROVED AND ADOPTED this 17th day of December 2025, by the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
__________________________
Travis Endicott, Mayor
ATTEST
_____________________
Ricca Charlon, City Clerk
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 1
ZERO TOLERANCE
DRUG AND ALCOHOL TESTING POLICY
The City of Ridgecrest
Adopted as of 12/17/2025
A. PURPOSE
1) The City of Ridgecrest provides public transit and paratransit services for our residents, the residents of Johannesburg/Randsburg and surrounding County areas pursuant to contract with County. Part of our mission is to ensure that this service is delivered safely, efficiently, and effectively by establishing a drug and alcohol-free work environment, and to ensure that the workplace remains free from the effects of drugs and alcohol in order to promote the health and safety of employees and the general public. In keeping with this mission, The City of Ridgecrest declares that the unlawful manufacture, distribution, dispense, possession, or use of controlled substances or misuse of alcohol is prohibited for all employees. 2) Additionally, the purpose of this policy is to establish guidelines to maintain a drug and alcohol-free workplace in compliance with the Drug-Free Workplace Act of 1988, and the Omnibus Transportation Employee Testing Act of 1991. Covered employees shall abide by the terms of this policy statement as a condition of employment. This policy is intended to comply with all applicable Federal regulations governing workplace anti-drug and alcohol programs in the transit industry. Specifically, the Federal Transit Administration (FTA) of the U.S. Department of Transportation has published 49 CFR Part 655, as amended, that mandates drug and alcohol testing for safety-sensitive positions, and prohibits performance of safetysensitive functions when there is a positive test result, or a refusal to test; 49 CFR Part 382 for Federal Motor Carrier Safety Administration (FMCSA); and The U. S. Department of Transportation (USDOT) has also published 49 CFR Part 40, as amended, that sets standards for the collection and testing of specimens for drug and alcohol testing.
3) Any provisions set forth in this policy that are included under the sole authority of the City of Ridgecrest and are not provided under the authority of the above-named Federal regulations are underlined. Tests conducted under the sole authority of the City of Ridgecrest will be performed on nonUSDOT forms and will be separate from USDOT testing in all respects.
B. APPLICABILITY
This Drug and Alcohol Testing Policy applies to all safety-sensitive employees (fullor part-time) when performing safety sensitive duties. See Attachment A for a list of employees and the authority under which they are included.
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 2 This policy applies to every person whose position requires the possession of a commercial driver’s license (CDL); every employee performing a “safety-sensitive function” as defined below, and any person applying for such positions.
Under FMCSA (Part 382), you are a covered employee if you perform any of the following safety-sensitive functions:
• Driving a commercial motor vehicle which requires the driver to have a CDL • Waiting to be dispatched to operate a commercial motor vehicle • Inspecting, servicing, or conditioning any commercial motor vehicle • Performing all other functions in or upon a commercial motor vehicle (except resting in a sleeper berth)
• Loading or unloading a commercial motor vehicle, supervising or assisting in the loading or unloading, attending a vehicle being loaded or unloading, remaining in readiness to operate the vehicle, or giving or receiving receipts for shipments being loaded or unloaded
• Repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle
Under FTA (Part 655), you are a covered employee if you perform any of the following: (1) operation of public transit service including the operation of a revenue service vehicle (whether or not the vehicle is in revenue service), (2) maintenance of a revenue service vehicle or equipment used in revenue service, (3) security personnel who carry firearms, (4) persons controlling the dispatch or movement of revenue service vehicles and (5) any transit employee who operates a nonrevenue service vehicle that requires a Commercial Driver’s License to operate.
Maintenance functions include the repair, overhaul, and rebuild of engines, vehicles and/or equipment used in revenue service. A list of safety-sensitive positions who perform one or more of the above-mentioned duties is provided in Attachment A. Supervisors are only safety sensitive if they perform one of the above functions. Volunteers are considered safety sensitive and subject to testing if they are required to hold a CDL, or receive remuneration for service in excess of actual expense.
C. DEFINITIONS
Accident (FTA): An occurrence associated with the operation of a vehicle even when not in revenue service, if as a result:
a. An individual dies;
b. An individual suffers a bodily injury and immediately receives medical treatment away from the scene of the accident; or, c. One or more vehicles incur disabling damage as the result of the occurrence and is transported away from the scene by a tow truck or other vehicle. For purposes of this definition, disabling damage Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 3 means damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs. Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated, but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, or windshield wipers that makes them inoperative.
Actual Knowledge: (For FMCSA Agencies) Actual knowledge by an employer that a driver has used alcohol or controlled substances based on the employer's direct observation of the employee, information provided by the driver's previous employer(s), a traffic citation for driving a CMV while under the influence of alcohol or controlled substances or an employee's admission of alcohol or controlled substance use, except as provided in §382.121. Direct observation as used in this definition means observation of alcohol or controlled substances use and does not include observation of employee behavior or physical characteristics sufficient to warrant reasonable suspicion testing.
Adulterated specimen: A specimen that has been altered, as evidence by test results showing either a substance that is not a normal constituent for that type of specimen or showing an abnormal concentration of an endogenous substance.
Alcohol: The intoxicating agent in beverage alcohol, ethyl alcohol, or other low molecular weight alcohols contained in any beverage, mixture, mouthwash, candy, food, preparation or medication.
Alcohol Concentration: Expressed in terms of grams of alcohol per 210 liters of breath as indicated by a breath test under 49 CFR Part 40.
Aliquot: A fractional part of a specimen used for testing, it is taken as a sample representing the whole specimen.
Alternate specimen: An authorized specimen, other than the type of specimen previously collected or attempted to be collected.
Canceled Test: A drug or alcohol test that has a problem identified that cannot be or has not been corrected, or which is cancelled. A canceled test is neither positive nor negative.
Commerce: means
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 4 (1) Any trade, traffic or transportation within the jurisdiction of the United States between a place in a State and a place outside of such State, including a place outside of the United States; and
(2) Trade, traffic, and transportation in the United States, which affects any trade, traffic, and transportation described in paragraph (1) of this definition.
Commercial Motor Vehicle: a motor vehicle or combination of motor vehicles used in commerce to transport passengers or property if the vehicle (3) Has a gross combination weight rating or gross combination weight of 11,794 kilograms or more (26,001 pounds or more), whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 4,536 kilograms (10,000 pounds), whichever is greater; or
(4) Has a gross vehicle weight rating or gross vehicle weight of 11,794 or more kilograms (26,001 or more pounds), whichever is greater; or (5) Is designed to transport 16 or more passengers, including the driver; or (6) Is of any size and is used in the transportation of materials found to be hazardous for the purposes of the Hazardous Materials Transportation Act (49 U.S.C. 5103(b)) and which require the motor vehicle to be placarded under the Hazardous Materials Regulations (49 CFR part 172, subpart F).
Clearinghouse: The FMCSA database that 49 CFR Part 382 requires employers and service agents to report information to, and to query, regarding CDL drivers who are subject to the DOT controlled substance and alcohol testing regulations.
Collection Site: A place selected by the employer where employees present themselves for the purpose of providing a specimen for a drug test.
Confirmatory Drug Test: A second analytical procedure performed on a different aliquot of the original specimen to identify and quantify a specific drug or drug metabolite.
Confirmatory Validity Test: A second test performed on a different aliquot of the original urine specimen to further support a validity test result.
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 5 Covered Employee Under FTA/FMCSA Authority: An employee who performs a safety-sensitive function including an applicant or transferee who is being considered for hire into a safety-sensitive function (See Attachment A for a list of covered employees).
Cutoff: The analytical value (e.g., drug or drug metabolite concentration) used as the decision point to determine a result (e.g., negative, positive, adulterated, invalid, or substituted) or the need for further testing.
Designated Employer Representative (DER): An employee authorized by the employer to take immediate action to remove employees from safety-sensitive duties and to make required decisions in testing. The DER also receives test results and other communications for the employer, consistent with the requirements of 49 CFR Parts 40 and 655.
DOT, The Department, DOT Agency: These terms encompass all DOT agencies, including, but not limited to, the Federal Aviation Administration (FAA), the Federal Railroad Administration (FRA), the Federal Motor Carrier Safety Administration (FMCSA), the Federal Transit Administration (FTA), the National Highway Traffic Safety Administration (NHTSA), the Pipeline and Hazardous Materials Safety Administration (PHMSA), and the Office of the Secretary (OST). For purposes of 49 CFR Part 40, the United States Coast Guard (USCG), in the Department of Homeland Security, is considered to be a DOT agency for drug testing purposes.
These terms include any designee of a DOT agency.
Dilute specimen: A urine specimen with creatinine and specific gravity values that are lower than expected for human urine.
Disabling damage: Damage which precludes departure of any vehicle from the scene of the occurrence in its usual manner in daylight after simple repairs.
Disabling damage includes damage to vehicles that could have been operated but would have been further damaged if so operated, but does not include damage which can be remedied temporarily at the scene of the occurrence without special tools or parts, tire disablement without other damage even if no spare tire is available, or damage to headlights, taillights, turn signals, horn, or windshield wipers that makes them inoperative.
Employee: Any person who is designated in a DOT agency regulation as subject to drug testing and/or alcohol testing. The term includes individuals currently performing safety-sensitive functions designated in DOT agency regulations and applicants for employment subject to pre-employment testing. For purposes of drug testing under 49 CFR Part 40, the term employee has the same meaning as the term “donor” as found on CCF and related guidance materials produced by the Department of Health and Human Services.
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 6 Evidential Breath Testing Device (EBT): A device approved by the NHTSA for the evidential testing of breath at the 0.02 and the 0.04 alcohol concentrations, and appears on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices” because it conforms with the model specifications available from NHTSA.
Initial Drug Test: The first test used to differentiate a negative specimen from one that requires further testing for drugs or drug metabolites.
Initial Specimen Validity Test: The first test used to determine if a specimen is adulterated, diluted, substituted, or invalid
Invalid Result: The result reported by an HHS-certified laboratory in accordance with the criteria established by the HHS when a positive, negative, adulterated, or substituted result cannot be established for a specific drug or specimen validity test.
Laboratory: Any U.S. laboratory certified by HHS under the National Laboratory Certification Program as meeting the minimum standards of HHS; or, in the case of foreign laboratories, a laboratory approved for participation by DOT under 49 CFR Part 40.
Limit of Detection (LOD): The lowest concentration at which the analyte (e.g., drug or drug metabolite) can be identified.
Limit of Quantification (LOQ): For quantitative assays, the lowest concentration at which the identity and concentration of the analyte (e.g., drug or drug metabolite) can be accurately established.
Medical Review Officer (MRO): A licensed physician (medical doctor or doctor of osteopathy) responsible for receiving laboratory results generated by the drug testing program who has knowledge of substance abuse disorders, and has appropriate medical training to interpret and evaluate an individual's confirmed positive test result, together with his/her medical history, and any other relevant bio-medical information.
Negative Dilute: A drug test result which is negative for the five drug/drug metabolites but has creatinine and specific gravity values that are lower than expected for human urine.
Negative result: The result reported by an HHS-certified laboratory to an MRO when a specimen contains no drug or the concentration of the drug is less than the cutoff concentration for the drug or drug class and the specimen is a valid specimen. An alcohol concentration of less than 0.02 BAC is a negative test result.
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 7 Non-negative specimen: A specimen that is reported as adulterated, substituted, positive (for drug(s) or drug metabolite(s)), or invalid.
Oral Fluid Specimen: A specimen that is collected from an employee’s oral cavity and is a combination of physiological fluids produced primarily by the salivary glands. An oral fluid specimen is considered to be a direct observation collection for all purposes of 49 CFR Part 40, as amended.
Oxidizing Adulterant: A substance that acts alone or in combination with other substances to oxidize drugs or drug metabolites to prevent the detection of the drug or metabolites, or affects the reagents in either the initial or confirmatory drug test.
Performing (a safety-sensitive function): A covered employee is considered to be performing a safety-sensitive function and includes any period in which he or she is actually performing, ready to perform, or immediately available to perform such functions.
Positive result: The result reported by an HHS- Certified laboratory when a specimen contains a drug or drug metabolite equal or greater to the cutoff concentrations.
Primary specimen: In drug testing, the specimen bottle that is opened and tested by a first laboratory to determine whether the employee has a drug or drug metabolite in his or her system; and for the purpose of specimen validity testing. The primary specimen is the portion of the donor’s subdivided specimen designated as the primary (‘‘A’’) specimen by the collector to distinguish it from the split (‘‘B’’) specimen, as defined in 49 CFR Part 40, as amended.
Prohibited drug: Identified as marijuana, cocaine, opioids, amphetamines, or phencyclidine as specified in 49 CFR Part 40, as amended.
Reconfirmed: The result reported for a split (Bottle B) specimen when the second HHS-certified laboratory corroborates the original result reported for the primary (Bottle A) specimen.
Rejected for Testing: The result reported by an HHS- Certified laboratory when no tests are performed for specimen because of a fatal flaw or a correctable flaw that has not been corrected.
Revenue Service Vehicles: All transit vehicles that are used for passenger transportation service.
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 8 Safety-sensitive functions: (FMCSA) All time from the time a driver begins to work or is required to be in readiness to work until the time he/she is relieved from work and all responsibility for performing work. Safety-sensitive functions shall include:
(1) All time at an employer or shipper plant, terminal, facility, or other property, or on any public property, waiting to be dispatched, unless the driver has been relieved from duty by the employer;
(2) All time inspecting equipment as required by §§392.7 and 392.8 of this subchapter or otherwise inspecting, servicing, or conditioning any commercial motor vehicle at any time;
(3) All time spent at the driving controls of a commercial motor vehicle in operation;
(4) All time, other than driving time, in or upon any commercial motor vehicle except time spent resting in a sleeper berth (a berth conforming to the requirements of §393.76 of this subchapter);
(5) All time loading or unloading a vehicle, supervising, or assisting in the loading or unloading, attending a vehicle being loaded or unloaded, remaining in readiness to operate the vehicle, or in giving or receiving receipts for shipments loaded or unloaded; and
(6) All time repairing, obtaining assistance, or remaining in attendance upon a disabled vehicle.
Safety-sensitive functions: (FTA) Employee duties identified as:
(1) The operation of a transit revenue service vehicle even when the vehicle is not in revenue service.
(2) The operation of a non-revenue service vehicle by an employee when the operation of such a vehicle requires the driver to hold a Commercial Drivers License (CDL).
(3) Maintaining a revenue service vehicle or equipment used in revenue service.
(4) Controlling dispatch or movement of a revenue service vehicle and (5) Carrying a firearm for security purposes.
Specimen: Fluid, breath, or other material collected from an employee at the collection site for the purpose of a drug or alcohol test.
Specimen Bottle: The bottle that, after being sealed and labeled according to the procedures in 49 CFR Part 40, is used to hold a primary (“A”) or split (“B”) specimen during the transportation to the laboratory. In the context of oral fluid testing, it may be referred to as a “vial,” “tube,” or “bottle.”
Split Specimen: In drug testing, the specimen that is sent to a first laboratory and stored with its original seal intact, and which is transported to a second laboratory for retesting at the employee’s request following MRO verification of the primary specimen as positive, adulterated or substituted Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 9 Split specimen collection: A collection in which the single specimen collected is divided into two separate specimen bottles, the primary specimen (Bottle A) and the split specimen (Bottle B)
Substance Abuse Professional (SAP): A licensed physician (medical doctor or doctor of osteopathy) or licensed or certified psychologist, social worker, employee assistance professional, state-licensed or certified marriage and family therapist, or drug and alcohol counselor (certified by an organization listed at https://www.transportation.gov/odapc/sap) with knowledge of and clinical experience in the diagnosis and treatment of drug and alcohol related disorders.
Substituted specimen: An employee’s specimen not consistent with a normal human specimen, as determined by HHS (e.g., a urine specimen, with creatinine and specific gravity values that are so diminished, or so divergent that they are not consistent with normal human urine).
Test Refusal: The following are considered a refusal to test if the employee:
(1) Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer.
(2) Fail to remain at the collection site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test. (3) Fail to attempt to provide a specimen. An employee who does not provide a specimen because he or she has left the testing site before the testing process commenced for a pre-employment test has not refused to test. (4) In the case of a directly-observed or monitored urine collection in a drug test, fail to permit monitoring or observation of your provision of a specimen. (5) Fail to provide a sufficient quantity of specimen without a valid medical explanation.
(6) Fail or decline to take an additional test as directed by the collector or the employer for drug testing.
(7) Fail to undergo a medical evaluation as required by the MRO or the employer’s Designated Employer Representative (DER).
(8) Fail to cooperate with any part of the testing process. (9) Fail to follow an observer’s instructions to raise and lower clothing and turn around during a directly-observed urine collection .
(10) Possess or wear a prosthetic or other device used to tamper with the collection process.
(11) Admit to the adulteration or substitution of a specimen to the collector or MRO.
(12) Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF).
(13) Fail to remain readily available following an accident. (14) As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 10 Undiluted (neat) oral fluid: An oral fluid specimen to which no other solid or liquid has been added. For example: A collection device that uses a diluent (or other component, process, or method that modifies the volume of the testable specimen) must collect at least 1 mL of undiluted (neat) oral fluid.
Urine specimen: Urine collected from an employee at the collection site for the purpose of a drug test.
Vehicle: A bus, electric bus, van, automobile, rail car, trolley car, trolley bus, or vessel. A public transit vehicle is a vehicle used for public transportation or for ancillary services.
Verified negative test: A drug test result reviewed by a medical review officer and determined to have no evidence of prohibited drug use at or above the minimum cutoff levels established by the Department of Health and Human Services (HHS).
Verified positive test: A drug test result reviewed by a medical review officer and determined to have evidence of prohibited drug use at or above the minimum cutoff levels specified in 49 CFR Part 40 as revised.
Validity testing: The evaluation of the specimen to determine if it is consistent with normal human urine. Specimen validity testing will be conducted on all specimens provided for testing under DOT authority. The purpose of validity testing is to determine whether certain adulterants or foreign substances were added to the specimen, if the specimen was diluted, or if the specimen was altered.
D. EDUCATION AND TRAINING
1) For FMCSA Agencies: The City of Ridgecrest will provide educational materials that explain the requirements of Part 382 as well as this policy.
The City of Ridgecrest will ensure that a copy of these materials is distributed to each driver prior to the start of alcohol and controlled substances testing and to each driver subsequently hired or transferred into a position requiring driving a commercial motor vehicle.
The materials to be made available to drivers shall include what is provided in this policy document in addition to a detailed discussion the following:
1) Information concerning the effects of alcohol and controlled substances use on an individual's health, work, and personal life; signs and symptoms of an alcohol or a controlled substances problem (the driver's or a co-worker's); and available methods of intervening when an alcohol or a controlled substances problem is suspected, including confrontation, referral to any employee assistance program and/or referral to management; and
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 11 2) The requirement that the following personal information collected and maintained under Part 382 and this policy shall be reported to the FMCSA Clearinghouse:
a. A verified positive, adulterated, or substituted drug test result; b. An alcohol confirmation test with a concentration of 0.04 or higher;
c. A refusal to submit to any test required by subpart C of this part;
d. An employer's report of actual knowledge, as defined at §382.107:
e. On duty alcohol use pursuant to §382.205;
f. Pre-duty alcohol use pursuant to §382.207;
g. Alcohol use following an accident pursuant to §382.209; and h. Controlled substance use pursuant to §382.213;
i. A substance abuse professional (SAP as defined in §40.3 of this title) report of the successful completion of the return-toduty process; j. A negative return-to-duty test; and
k. An employer's report of completion of follow-up testing. 3) Every covered employee will receive a copy of this policy and will have ready access to the corresponding federal regulations including 49 CFR Parts 655 and 40, as amended. In addition, all covered employees will undergo a minimum of 60 minutes of training on the signs and symptoms of drug use including the effects and consequences of drug use on personal health, safety, and the work environment. The training also includes manifestations and behavioral cues that may indicate prohibited drug use. 4) All supervisory personnel or company officials who are in a position to determine employee fitness for duty will receive 60 minutes of reasonable suspicion training on the physical, behavioral, and performance indicators of probable drug use and 60 minutes of additional reasonable suspicion training on the physical, behavioral, speech, and performance indicators of probable alcohol misuse.
E. PROHIBITED SUBSTANCES
1) Prohibited substances addressed by this policy include the following. a. Illegally Used Controlled Substance or Drugs Under the Drug-Free Workplace Act of 1988 any drug or any substance identified in Schedule I through V of Section 202 of the Controlled Substance Act (21 U.S.C. 812), and as further defined by 21 CFR 1308.11 through 1308.15 is prohibited at all times in the workplace unless a legal prescription has been written for the substance. This includes, but is not limited to:
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 12 marijuana, amphetamines, opioids, phencyclidine (PCP), and cocaine, as well as any drug not approved for medical use by the U.S. Drug Enforcement Administration or the U.S. Food and Drug Administration.
Illegal use includes use of any illegal drug, misuse of legally prescribed drugs, and use of illegally obtained prescription drugs. It is important to note that the use of marijuana in any circumstances remains completely prohibited for any safety-sensitive employee subject to drug testing under USDOT regulations. The use of marijuana in any circumstance (including under state recreational and/or medical marijuana laws) by a safety-sensitive employee is a violation of this policy and a violation of the USDOT regulation 49 CFR Part 40, as amended.
USDOT drug testing regulations (49 CFR Part 40) require that all employees covered under FTA/FMCSA authority be tested for marijuana, cocaine, amphetamines, opioids, and phencyclidine as described in this policy. Illegal use of these five drugs is prohibited at all times and thus, covered employees may be tested for these drugs anytime that they are on duty.
b. Legal Drugs: The appropriate use of legally prescribed drugs and nonprescription medications is not prohibited. However, the use of any substance which carries a warning label that indicates that mental functioning, motor skills, or judgment may be adversely affected must be reported to the City of Ridgecrest supervisor and the employee is required to provide a written release from his/her doctor or pharmacist indicating that the employee can perform his/her safety-sensitive functions.
c. Alcohol: The use of beverages containing alcohol (including mouthwash, medication, food, candy) or any other substances containing alcohol in a manner which violates the conduct listed in this policy is prohibited.
F. PROHIBITED CONDUCT
1) Illegal use of the drugs listed in this policy and as defined in 49 CFR Part 40, as amended is prohibited at all times. All covered employees are prohibited from reporting for duty or remaining on duty if they have used a prohibited drug as defined in 49 CFR Part 40, as amended. 2) Each covered employee is prohibited from consuming alcohol while performing safety-sensitive job functions or while on-call to perform safetysensitive job functions. If an on-call employee has consumed alcohol, they must acknowledge the use of alcohol at the time that they are called to report for duty. The covered employee will subsequently be relieved of Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 13 his/her on-call responsibilities and subject to discipline for not fulfilling his/her on-call responsibilities.
3) The employer shall not permit any covered employee to perform or continue to perform safety-sensitive functions if it has actual knowledge that the employee is using alcohol
4) Each covered employee is prohibited from reporting to work or remaining on duty requiring the performance of safety-sensitive functions while having an alcohol concentration of 0.04 or greater regardless of when the alcohol was consumed.
a. An employee with a breath alcohol concentration which measures
0.02-0.039 is not considered to have violated the USDOT drug and alcohol regulations, provided the employee hasn’t consumed the alcohol within four (4) hours of performing a safety-sensitive duty.
However, if a safety-sensitive employee has a breath alcohol concentration of 0.02-0.039, USDOT regulations require the employee to be removed from the performance of safety-sensitive duties until:
i. The employee’s alcohol concentration measures less than
0.02; or
ii. FOR FTA COVERED EMPLOYEES: The start of the
employee’s next regularly scheduled duty period, but not less than eight hours following administration of the test.
iii. FOR FMCSA COVERED EMPLOYEES: The start of the
employee’s next regularly scheduled duty period, but not less than twenty-four hours following administration of the test. 5) No covered employee shall consume alcohol for eight (8) hours following involvement in an accident or until he/she submits to the post-accident drug/alcohol test, whichever occurs first.
6) No covered employee shall consume alcohol within four (4) hours prior to the performance of safety-sensitive job functions.
7) The City of Ridgecrest, under its own authority, also prohibits the consumption of alcohol at all times the employee is on duty, or anytime the employee is in uniform.
8) Consistent with the Drug-free Workplace Act of 1988, all the City of Ridgecrest employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession, or use of prohibited substances in the work place including agency premises and agency vehicles.
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 14 G. DRUG STATUTE CONVICTION
Consistent with the Drug Free Workplace Act of 1998, all employees are required to notify the City of Ridgecrest management of any criminal drug statute conviction for a violation occurring in the workplace within five days after such conviction.
Failure to comply with this provision shall result in disciplinary action as defined in this policy.
H. TESTING REQUIREMENTS
1) Drug testing and alcohol testing will be conducted as required by 49 CFR Part 40 as amended. All employees covered under FTA/FMCSA authority shall be subject to testing prior to performing safety-sensitive duty, for reasonable suspicion, following an accident, and random as defined in this policy, and return to duty/follow-up.
2) A drug test can be performed any time a covered employee is on duty. A reasonable suspicion, random, or follow-up alcohol test can only be performed just before, during, or after the performance of a safety-sensitive job function. Under The City of Ridgecrest authority, a non-DOT alcohol test can be performed any time a covered employee is on duty.
All covered employees will be subject to drug testing and alcohol testing as a condition of ongoing employment with the City of Ridgecrest. Any safety-sensitive employee who refuses to comply with a request for testing shall be removed from duty and subject to discipline as defined in this policy.
I. DRUG TESTING PROCEDURES
1) Testing shall be conducted in a manner to assure a high degree of accuracy and reliability and using techniques, equipment, and laboratory facilities which have been approved by the U.S. Department of Health and Human Service (HHS). All testing will be conducted consistent with the procedures set forth in 49 CFR Part 40, as amended. The procedures will be performed in a private, confidential manner and every effort will be made to protect the employee, the integrity of the drug testing procedure, and the validity of the test result.
2) The drugs that will be tested for include marijuana, cocaine, opioids, amphetamines, and phencyclidine. After the identity of the donor is checked using picture identification, a urine and/or oral fluid specimen will be collected as described in 49 CFR Part 40, as amended. Each specimen will be accompanied by a DOT Custody and Control Form and identified Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 15 using a unique identification number that attributes the specimen to the correct individual. The specimen analysis will be conducted at a HHS certified laboratory. An initial drug screen and validity test will be conducted on the primary specimen. For those specimens that are not negative, a confirmatory test will be performed. The test will be considered positive if the amounts of the drug(s) and/or its metabolites identified by the confirmatory test are at or above the minimum thresholds established in 49 CFR Part 40, as amended.
3) The test results from the HHS certified laboratory will be reported to a Medical Review Officer. A Medical Review Officer (MRO) is a licensed physician with detailed knowledge of substance abuse disorders and drug testing. The MRO will review the test results to ensure the scientific validity of the test and to determine whether there is a legitimate medical explanation for a confirmed positive, substitute, or adulterated test result.
The MRO will attempt to contact the employee to notify the employee of the non-negative laboratory result, and provide the employee with an opportunity to explain the confirmed laboratory test result. The MRO will subsequently review the employee’s medical history/medical records as appropriate to determine whether there is a legitimate medical explanation for a non-negative laboratory result. If no legitimate medical explanation is found, the test will be verified positive or refusal to test and reported to the City of Ridgecrest. If a legitimate explanation is found, the MRO will report the test result as negative.
4) If the test is invalid without a medical explanation, a retest will be conducted under direct observation. Employees do not have access to a test of their split specimen following an invalid result.
5) Any covered employee who questions the results of a required drug test may request that the split sample be tested. The split sample test must be conducted at a second HHS-certified laboratory. The test must be conducted on the split sample that was provided by the employee at the same time as the primary sample. The method of collecting, storing, and testing the split sample will be consistent with the procedures set forth in 49 CFR Part 40, as amended. The employee's request for a split sample test must be made to the Medical Review Officer within 72 hours of notice of the original sample verified test result. Requests after 72 hours will only be accepted at the discretion of the MRO if the delay was due to documentable facts that were beyond the control of the employee. The City of Ridgecrest will ensure that the cost for the split specimen analysis is covered in order for a timely analysis of the sample, however The City of Ridgecrest will seek reimbursement for the split sample test from the employee.
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 16 6) If the analysis of the split specimen fails to confirm the presence of the drug(s) detected in the primary specimen, if the split specimen is not able to be analyzed, or if the results of the split specimen are not scientifically adequate, the MRO will declare the original test to be canceled. 7) Observed collections
a. Consistent with 49 CFR Part 40, as amended, collection under direct observation with no advance notice will occur if:
i. The laboratory reports to the MRO that a specimen is invalid, and the MRO reports to the City of Ridgecrest that there was not an adequate medical explanation for the result;
ii. The MRO reports to the City of Ridgecrest that the original positive, adulterated, or substituted test result had to be cancelled because the test of the split specimen could not be performed;
iii. The laboratory reported to the MRO that the urine specimen was negative-dilute with a creatinine concentration greater than or equal to 2 mg/dL but less than or equal to 5 mg/dL, and the MRO reported the urine specimen as negative-dilute and that a second collection must take place under direct observation (see §40.197(b)(1)).
iv. The collector observes materials brought to the collection site or the employee's conduct clearly indicates an attempt to tamper with a specimen;
v. The temperature on the original urine specimen was out of range (See §40.65(b)(5));
vi. Anytime the employee is directed to provide another specimen because the original specimen appeared to have been tampered with (See §40.65(c)(1)).
vii. All follow-up-tests; or
viii. All return-to-duty tests
Urine collections that are required to be directly observed will be conducted by a person of the same gender as the donor as required by 49 CFR Part
40.67. Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 17 J. ALCOHOL TESTING PROCEDURES
1) Tests for breath alcohol concentration will be conducted utilizing a National Highway Traffic Safety Administration (NHTSA)-approved Evidential Breath Testing device (EBT) operated by a trained Breath Alcohol Technician (BAT). A list of approved EBTs can be found on ODAPC’s Web page for “Approved Evidential Breath Measurement Devices”. Alcohol screening tests may be performed using a non-evidential testing device (alcohol screening device (ASD)) which is also approved by NHTSA. A list of approved ASDs can be found on ODAPC’s Web page for “Approved Screening Devices to Measure Alcohol in Bodily Fluids”. If the initial test indicates an alcohol concentration of 0.02 or greater, a second test will be performed to confirm the results of the initial test. The confirmatory test must occur on an EBT. The confirmatory test will be conducted no sooner than fifteen minutes after the completion of the initial test. The confirmatory test will be performed using a NHTSA-approved EBT operated by a trained BAT. The EBT will identify each test by a unique sequential identification number. This number, time, and unit identifier will be provided on each EBT printout. The EBT printout, along with an approved alcohol testing form, will be used to document the test, the subsequent results, and to attribute the test to the correct employee. The test will be performed in a private, confidential manner as required by 49 CFR Part 40, as amended. The procedure will be followed as prescribed to protect the employee and to maintain the integrity of the alcohol testing procedures and validity of the test result.
2) A confirmed alcohol concentration of 0.04 or greater will be considered a positive alcohol test and in violation of this policy. The consequences of a positive alcohol test are described in this policy. Even though an employee who has a confirmed alcohol concentration of 0.02 to 0.039 is not considered positive, the employee shall still be removed from duty for at least eight hours for FTA covered employees, and twenty-four hours for FMCSA covered employees, or for the duration of the work day whichever is longer and will be subject to the consequences described in this policy.
An alcohol concentration of less than 0.02 will be considered a negative test.
3) The City of Ridgecrest affirms the need to protect individual dignity, privacy, and confidentiality throughout the testing process. If at any time the integrity of the testing procedures or the validity of the test results is compromised, the test will be canceled. Minor inconsistencies or procedural flaws that do not impact the test result will not result in a cancelled test.
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 18 4) The alcohol testing form (ATF) required by 49 CFR Part 40 as amended, shall be used for all FTA/FMCSA required testing. Failure of an employee to sign step 2 of the ATF will be considered a refusal to submit to testing.
K. PRE-EMPLOYMENT TESTING
1) All applicants for covered FTA/FMCSA positions shall undergo alcohol and urine drug testing prior to performance of a safety-sensitive function.
a. All offers of employment for covered positions shall be extended conditional upon the applicant passing a drug and alcohol test. An applicant will not be allowed to perform safety-sensitive functions unless the applicant takes a drug test with verified negative results and an alcohol test with results below 0.02 BAC.
b. Pre-employment alcohol tests are conducted after making a contingent offer of employment or transfer. All pre-employment alcohol tests will be conducted using the procedures set forth in 49 CFR Part 40.
c. An employee shall not be placed, transferred or promoted into a position covered under FTA/FMCSA authority or company authority until the employee takes a drug test with verified negative result and an alcohol test with results below 0.02 BAC.
d. If an applicant fails a pre-employment drug/alcohol test, the conditional offer of employment shall be rescinded and the applicant will be provided with a list of at least two (2) USDOT qualified Substance Abuse Professionals. Failure of a pre-employment drug test will disqualify an applicant for employment for a period of at least one year. Before being considered for future employment the applicant must provide the employer proof of having successfully completed a referral, evaluation and treatment plan as described in section 655.62 of subpart G. The cost for the assessment and any subsequent treatment will be the sole responsibility of the applicant. e. When an employee being placed, transferred, or promoted from a non-covered position to a position covered under FTA/FMCSA authority or company authority submits a drug test with a verified positive result, the employee shall be subject to disciplinary action in accordance with this policy.
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 19 f. If a pre-employment test is canceled, the City of Ridgecrest will require the applicant to take and pass another pre-employment drug test.
g. In instances where an FTA covered employee does not perform a safety-sensitive function for a period of 90 consecutive days or more regardless of reason, and during that period is not in the random testing pool the employee will be required to take a pre-employment drug test under 49 CFR Part 655 and have negative test results prior to the conduct of safety-sensitive job functions.
h. Following a negative dilute the employee will be required to undergo another test. Should this second test result in a negative dilute result, the test will be considered a negative and no additional testing will be required unless directed to do so by the MRO.
i. Applicants are required (even if ultimately not hired) to provide The City of Ridgecrest with signed written releases requesting USDOT drug and alcohol records from all previous, USDOT-covered, employers that the applicant has worked for within the last two years.
Failure to do so will result in the employment offer being rescinded.
The City of Ridgecrest is required to ask all applicants (even if ultimately not hired) if they have tested positive or refused to test on a pre-employment test for a USDOT covered employer within the last two years. If the applicant has tested positive or refused to test on a pre-employment test for a USDOT covered employer, the applicant must provide the City of Ridgecrest proof of having successfully completed a referral, evaluation and treatment plan as described in section 655.62 of subpart G.
2) FMCSA Drug Testing Exceptions
A driver is not required to undergo a pre-employment test if:
I. The driver has participated in a DOT testing program within the previous 30 days; and
II. While participating in that program, either:
a. Was drug tested within the past six months (from the date of application with the employer), or
b. Participated in the random drug testing program for the previous 12 months (from the date of application with the employer); and
III. The City of Ridgecrest can ensure that no prior employer of the driver of whom The City of Ridgecrest has knowledge has records of a Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 20 violation of this part or the controlled substances use rule of another DOT agency within the previous six months
L. REASONABLE SUSPICION TESTING
1) All the City of Ridgecrest FTA/FMCSA covered employees will be subject to a reasonable suspicion drug and/or alcohol test when the employer has reasonable suspicion to believe that the covered employee has used a prohibited drug and/or engaged in alcohol misuse. Reasonable suspicion shall mean that there is objective evidence, based upon specific, contemporaneous, articulable observations of the employee's appearance, behavior, speech or body odor that are consistent with possible drug use and/or alcohol misuse. Reasonable suspicion referrals must be made by one or more supervisors who are trained to detect the signs and symptoms of drug and alcohol use, and who reasonably concludes that an employee may be adversely affected or impaired in his/her work performance due to possible prohibited substance abuse or alcohol misuse. A reasonable suspicion alcohol test can only be conducted just before, during, or just after the performance of a safety-sensitive job function. However, under the City of Ridgecrest’s authority, a non-DOT reasonable suspicion alcohol test may be performed any time the covered employee is on duty. A reasonable suspicion drug test can be performed any time the covered employee is on duty.
2) The City of Ridgecrest shall be responsible for transporting the employee to the testing site. Supervisors should avoid placing themselves and/or others into a situation which might endanger the physical safety of those present. The employee shall be placed on administrative leave pending disciplinary action described in this policy. An employee who refuses an instruction to submit to a drug/alcohol test shall not be permitted to finish his or her shift and shall immediately be placed on administrative leave pending disciplinary action as specified in this policy. 3) A written record of the observations which led to a drug/alcohol test based on reasonable suspicion shall be prepared and signed by the supervisor making the observation. This written record shall be submitted to the City of Ridgecrest.
4) When there are no specific, contemporaneous, articulable objective facts that indicate current drug or alcohol use, but the employee (who is not already a participant in a treatment program) admits the abuse of alcohol or other substances to a supervisor in his/her chain of command, the employee shall be referred for assessment and treatment consistent with Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 21 this policy. The City of Ridgecrest shall place the employee on administrative leave in accordance with the provisions set forth under this policy. Testing in this circumstance would be performed under the direct authority of the City of Ridgecrest. Since the employee self-referred to management, testing under this circumstance would not be considered a violation of this policy or a positive test result under Federal authority. However, self-referral does not exempt the covered employee from testing under Federal authority as specified in this policy or the associated consequences.
M. POST-ACCIDENT TESTING
FTA Procedures:
1) FATAL ACCIDENTS – A covered employee will be required to undergo drug and alcohol testing if they are involved in an accident with a transit vehicle, whether or not the vehicle is in revenue service at the time of the accident, that results in a fatality. This includes all surviving covered employees that are operating the vehicle at the time of the accident and any other whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision. 2) NON-FATAL ACCIDENTS – A post-accident test of the employee operating the public transportation vehicle will be conducted if an accident occurs and at least one of the following conditions is met:
a. The accident results in injuries requiring immediate medical treatment away from the scene, unless the covered employee can be completely discounted as a contributing factor to the accident. b. One or more vehicles incurs disabling damage as a result of the occurrence and must be transported away from the scene, unless the covered employee can be completely discounted as a
contributing factor to the accident
In addition, any other covered employee whose performance could have contributed to the accident, as determined by the employer using the best information available at the time of the decision, will be tested.
As soon as practicable following an accident, as defined in this policy, the transit supervisor investigating the accident will notify the transit employee operating the transit vehicle and all other covered employees whose performance could have contributed to the accident of the need for the test. The supervisor will Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 22 make the determination using the best information available at the time of the decision.
FMCSA Procedures:
Covered employees shall be subject to FMCSA post-accident drug and alcohol testing under the following circumstances:
FATAL ACCIDENTS – As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and involving the loss of a human life, drug and alcohol tests will be conducted on each surviving covered employee who was performing safety-sensitive functions with respect to the vehicle.
NON-FATAL ACCIDENTS – As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and not involving the loss of a human life, an alcohol test will be conducted on each driver who receives a citation within eight (8) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if:
1. The accident results in injuries requiring immediate medical treatment away from the scene; or
2. One or more motor vehicles incur disabling damage and must be transported away from the scene by a tow truck or other motor vehicle.
As soon as practicable following an occurrence involving a commercial motor vehicle operating on a public road in commerce, and not involving the loss of a human life, a drug test will be conducted on each driver who receives a citation within thirty-two (32) hours of the occurrence under State or local law for a moving traffic violation arising from the accident, if:
1. The accident results in injuries requiring immediate medical treatment away from the scene; or
2. One or more motor vehicles incur disabling damage and must be transported away from the scene by a tow truck or other motor vehicle.
General Accident Procedures:
The appropriate supervisor shall ensure that an employee, required to be tested under this section, is tested as soon as practicable, but no longer than eight (8) hours of the accident for alcohol, and no longer than 32 hours for drugs. If an alcohol test is not performed within two hours of the accident, the Supervisor will document the reason(s) for the delay. If the alcohol test is not conducted within Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 23 (8) eight hours, or the drug test within 32 hours, attempts to conduct the test must cease and the reasons for the failure to test documented.
Any covered employee involved in an accident must refrain from alcohol use for eight (8) hours following the accident, or until he/she undergoes a post-accident alcohol test.
An employee who is subject to post-accident testing who fails to remain readily available for such testing, including notifying a supervisor of his or her location if he or she leaves the scene of the accident prior to submission to such test, may be deemed to have refused to submit to testing.
Nothing in this section shall be construed to require the delay of necessary medical attention for the injured following an accident, or to prohibit an employee from leaving the scene of an accident for the period necessary to obtain assistance in responding to the accident, or to obtain necessary emergency medical care.
In the rare event that the City of Ridgecrest is unable to perform an FTA drug and alcohol test (i.e., employee is unconscious, employee is detained by law enforcement agency), the City of Ridgecrest may use drug and alcohol postaccident test results administered by local law enforcement officials in lieu of the FTA/FMCSA test. The local law enforcement officials must have independent authority for the test and the employer must obtain the results in conformance with local law.
N. RANDOM TESTING
1) All covered employees will be subjected to random, unannounced testing.
The selection of employees shall be made by a scientifically valid method of randomly generating an employee identifier from the appropriate pool of safety-sensitive employees.
2) The dates for administering unannounced testing of randomly selected employees shall be spread reasonably throughout the calendar year, day of the week and hours of the day.
3) The number of employees randomly selected for drug/alcohol testing during the calendar year shall be not less than the percentage rates set each year by the FTA/FMCSA administrator. The current year testing rates can be viewed online at https://www.transportation.gov/odapc/random-testingrates.
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 24 4) Each covered employee shall be in a pool from which the random selection is made. Each covered employee in the pool shall have an equal chance of selection each time the selections are made. Employees will remain in the pool and subject to selection, whether or not the employee has been previously tested. There is no discretion on the part of management in the selection.
5) USDOT covered employees will be included in one random pool maintained separately from the testing pool of non-safety-sensitive employees that are included solely under the City of Ridgecrest authority. 6) Random tests can be conducted at any time during an employee’s shift for drug testing. Alcohol random tests can only be performed just before, during, or just after the performance of a safety sensitive duty. Testing can occur during the beginning, middle, or end of an employee’s shift. 7) Employees are required to proceed immediately to the collection site upon notification of their random selection.
O. RETURN-TO-DUTY TESTING
The City of Ridgecrest will terminate the employment of any employee that tests positive or refuses a test as specified in this policy. However, in the rare event an employee is reinstated with court order or other action beyond the control of the agency, the employee must complete the return-to-duty process prior to the performance of safety-sensitive functions. All covered employees who previously tested positive on a drug or alcohol test or refused a test, must test negative for drugs, alcohol (below 0.02 for alcohol), or both and be evaluated and released by the Substance Abuse Professional before returning to work. Following the initial assessment, the SAP will recommend a course of rehabilitation unique to the individual. The SAP will recommend the return-to-duty test only when the employee has successfully completed the treatment requirement and is known to be drug and alcohol-free and there are no undue concerns for public safety. The SAP will determine whether the employee returning to duty will require a return-toduty drug test, alcohol test, or both.
P. FOLLOW-UP TESTING
Covered employees that have returned to duty following a positive or refused test will be required to undergo frequent, unannounced drug and/or alcohol testing following their return-to-duty test. The follow-up testing will be performed for a period of one to five years with a minimum of six tests to be performed the first year. The frequency and duration of the follow-up tests (beyond the minimums) Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 25 will be determined by the SAP reflecting the SAP’s assessment of the employee’s unique situation and recovery progress. Follow-up testing should be frequent enough to deter and/or detect a relapse. Follow-up testing is separate and in addition to the random, post-accident, reasonable suspicion and return-to-duty testing.
In the instance of a self-referral or a management referral, the employee will be subject to non-USDOT follow-up tests and follow-up testing plans modeled using the process described in 49 CFR Part 40. However, all non-USDOT follow-up tests and all paperwork associated with an employee’s return-to-work agreement that was not precipitated by a positive test result (or refusal to test) does not constitute a violation of the Federal regulations will be conducted under company authority and will be performed using non-DOT testing forms.
Q. RESULT OF DRUG/ALCOHOL TEST
1) Any covered employee that has a verified positive drug or alcohol test, or test refusal, will be immediately removed from his/her safety-sensitive position, informed of educational and rehabilitation programs available, and will be provided with a list of at least two (2) USDOT qualified Substance Abuse Professionals (SAP) for assessment, and will be terminated. 2) Following a negative dilute the employee will be required to undergo another test. Should this second test result in a negative dilute result, the test will be considered a negative and no additional testing will be required unless directed to do so by the MRO.
3) Refusal to submit to a drug/alcohol test shall be considered equivalent to a positive test result and a direct act of insubordination and shall result in termination and referral to a list of USDOT qualified SAPs. A test refusal is defined as any of the following circumstances:
a. Fail to appear for any test (except a pre-employment test) within a reasonable time, as determined by the employer.
b. Fail to remain at the collection site until the testing process is complete. An employee who leaves the testing site before the testing process commences for a pre-employment test has not refused to test.
c. Fail to attempt to provide a specimen. An employee who does not provide a specimen because he or she has left the testing site before the testing process commenced for a pre-employment test has not refused to test.
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 26 d. In the case of a directly-observed or monitored urine collection in a drug test, fail to permit monitoring or observation of your provision of a specimen.
e. Fail to provide a sufficient quantity of specimen without a valid medical explanation.
f. Fail or decline to take an additional test as directed by the collector or the employer for drug testing.
g. Fail to undergo a medical evaluation as required by the MRO or the employer's Designated Employer Representative (DER).
h. Fail to cooperate with any part of the testing process. i. Fail to follow an observer's instructions to raise and lower clothing and turn around during a directly-observed urine collection. j. Possess or wear a prosthetic or other device used to tamper with the collection process.
k. Admit to the adulteration or substitution of a specimen to the collector or MRO.
l. Refuse to sign the certification at Step 2 of the Alcohol Testing Form (ATF).
m. Fail to remain readily available following an accident. n. As a covered employee, if the MRO reports that you have a verified adulterated or substituted test result, you have refused to take a drug test.
4) An alcohol test result of 0.02 to 0.039 BAC shall result in the removal of the employee from duty for eight hours for FTA covered employees, and twenty-four hours for FMCSA covered employees, or the remainder or the work day whichever is longer. The employee will not be allowed to return to safety-sensitive duty for his/her next shift until he/she submits to a NONDOT alcohol test with a result of less than 0.02 BAC. 5) In the instance of a self-referral or a management referral, disciplinary action against the employee shall include:
a. Mandatory referral for an assessment by an employer approved counseling professional for assessment, formulation of a treatment plan, and execution of a return-to-work agreement;
b. Failure to execute, or remain compliant with the return-to-work agreement shall result in termination from the City of Ridgecrest _employment.
i. Compliance with the return-to-work agreement means that the employee has submitted to a drug/alcohol test immediately prior to returning to work; the result of that test is negative; the employee is cooperating with his/her recommended treatment program; and, the employee has agreed to periodic
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 27 unannounced follow-up testing as described in this policy; however, all follow-up testing performed as part of a return-towork agreement required under this policy is under the sole authority of the City of Ridgecrest and will be performed using non-DOT testing forms.
c. Refusal to submit to a periodic unannounced follow-up drug/alcohol test shall be considered a direct act of insubordination and shall result in termination. All tests conducted as part of the return-towork agreement will be conducted under company authority and will be performed using non-DOT testing forms.
d. A self-referral or management referral to the employer's counseling professional that was not precipitated by a positive test result does not constitute a violation of the Federal regulations and will not be considered as a positive test result in relation to the progressive discipline defined in this policy. e. Periodic unannounced follow-up drug/alcohol testing conducted as a result of a self-referral or management referral which results in a verified positive shall be considered a positive test result in relation to the progressive discipline defined in this policy.
f. A Voluntary Referral does not shield an employee from disciplinary action or guarantee employment with the City of Ridgecrest. g. A Voluntary Referral does not shield an employee from the requirement to comply with drug and alcohol testing.
6) Failure of an employee to report within five days a criminal drug statute conviction for a violation occurring in the workplace shall result in termination.
7) FMCSA Procedures for Voluntary Self-Identification
In accordance with 49 CFR Part 382.121, any covered employee who has self-identified to alcohol misuse or prohibited drug use may voluntarily refer her or himself to the Department of Human Resources provided the employee makes the admission prior to performing a safety-sensitive function (i.e., prior to reporting for duty) and does not self-identify in order to avoid any testing under this policy. After an employee voluntarily refers her or himself to the employer, the DER will refer the individual to a substance abuse counselor for evaluation and treatment.
The substance abuse counselor will evaluate the employee and make a specific recommendation regarding the appropriate treatment. Employees are encouraged to voluntarily seek professional assistance before any use affects job performance.
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 28 Any safety-sensitive employee who self-identifies to alcohol misuse or prohibited drug use under this policy will immediately be removed from his/her safety-sensitive function until successful completion of an educational or treatment program, as determined by a drug and alcohol abuse evaluation expert. Prior to returning to a safety-sensitive function, the employee must also undergo a NON-DOT return-to-duty drug test with a verified negative result and/or a return-to-duty alcohol test with a result indicating an alcohol concentration of less than 0.02.
R. GRIEVANCE AND APPEAL
The consequences specified by 49 CFR Part 40.149 (c) for a positive test or test refusal is not subject to arbitration.
S. PROPER APPLICATION OF THE POLICY
The City of Ridgecrest is dedicated to assuring fair and equitable application of this substance abuse policy. Therefore, supervisors/managers are required to use and apply all aspects of this policy in an unbiased and impartial manner. Any supervisor/manager who knowingly disregards the requirements of this policy, or who is found to deliberately misuse the policy in regard to subordinates, shall be subject to disciplinary action, up to and including termination.
T. INFORMATION DISCLOSURE
1) Drug/alcohol testing records shall be maintained by the City of Ridgecrest Drug and Alcohol Program Manager and, except as provided below or by law, the results of any drug/alcohol test shall not be disclosed without express written consent of the tested employee.
2) The employee, upon written request, is entitled to obtain copies of any records pertaining to their use of prohibited drugs or misuse of alcohol including any drug or alcohol testing records. Covered employees have the right to gain access to any pertinent records such as equipment calibration records, and records of laboratory certifications. Employees may not have access to SAP follow-up testing plans.
3) Records of a verified positive drug/alcohol test result shall be released to the Drug and Alcohol Program Manager, and other management personnel on a need-to-know basis.
Drug and Alcohol Testing Policy (Zero Tolerance – v.1125) Page 29 4) Records will be released to a subsequent employer only upon receipt of a written request from the employee.
5) Records of an employee's drug/alcohol tests shall be released to the adjudicator in a grievance, lawsuit, or other proceeding initiated by or on behalf of the tested individual arising from the results of the drug/alcohol test. The records will be released to the decision maker in the proceeding. 6) Records will be released to the National Transportation Safety Board during an accident investigation.
7) Information will be released in a criminal or civil action resulting from an employee’s performance of safety-sensitive duties, in which a court of competent jurisdiction determines that the drug or alcohol test information is relevant to the case and issues an order to the employer to release the information. The employer will release the information to the decision maker in the proceeding with a binding stipulation that it will only be released to parties of the proceeding.
8) Records will be released to the DOT or any DOT agency with regulatory authority over the employer or any of its employees.
9) Records will be released if requested by a Federal, state or local safety agency with regulatory authority over the City of Ridgecrest or the employee.
10)If a party seeks a court order to release a specimen or part of a specimen contrary to any provision of Part 40 as amended, necessary legal steps to contest the issuance of the order will be taken
11)In cases of a contractor or sub-recipient of a state department of transportation, records will be released when requested by such agencies that must certify compliance with the regulation to the FTA.
This Policy was adopted by the City Council of the City of Ridgecrest on December 17, 2025.
Travis Endicott, Mayor
Zero Tolerance Drug and Alcohol Testing Policy February 2016
Attachment A
Job Title ___________ Testing Authority (FTA)
Transit Drivers Federal Transit Administration
Dispatchers Federal Transit Administration
Transit Administrator/Dispatcher Federal Transit Administration Transit Operations Supervisor Federal Transit Administration Mechanics Federal Transit Administration
Job Title Testing Authority (FMCSA)
*Chief Plant Operator Federal Motor Carrier Safety Administration *Waste Water Operator Trainee Federal Motor Carrier Safety Administration *Waste Water Operator I Federal Motor Carrier Safety Administration *Waste Water Operator II Federal Motor Carrier Safety Administration *Waste Water Operator III Federal Motor Carrier Safety Administration *Maintenance Worker I Federal Motor Carrier Safety Administration *Maintenance Worker II Federal Motor Carrier Safety Administration *Maintenance Worker III Federal Motor Carrier Safety Administration *Streets Supervisor Federal Motor Carrier Safety Administration *Equipment Operator Federal Motor Carrier Safety Administration Mechanic Federal Motor Carrier Safety Administration
*Those with a valid Commercial License
Zero Tolerance Drug and Alcohol Testing Policy February 2016
Attachment B Contacts
Any questions regarding this policy or any other aspect of the substance abuse policy should be directed to the following individual(s).
The City of Ridgecrest Drug and Alcohol Program Manager Name: Patricia Rockwell
Title: Human Resources Administrator
Address: 100 W. California Ave.,Ridgecrest CA 93555
Telephone Number: 760.499.5024
The City of Ridgecrest Drug and Alcohol Program Manager- Alternate Name: Marrissa Weathers
Title: Human Resources Administrator
Address: 100 W. California Ave.,Ridgecrest CA 93555
Telephone Number: 760.499.5023
Medical Review Officer
Name: Dr. John Womack
Title: MD
Address: 9501 Northfield Blvd., Denver CO 80238
Telephone Number: 919.489.9588
Substance Abuse Professional #1
Name: Tia Brisco
Title: PsyD, LMFT, SAP
Address: 1543 E. Palmdale Blvd. Palmdale, CA 93550
Telephone Number: 725.306.3724
Substance Abuse Professional #2
Name: Lytara Garcia
Title: SAP
Address: 2315 E Palmdale Blvd Ste E B37, Palmdale, CA 93550 Telephone Number: 661.494.6155
HHS Certified Laboratory Primary Specimen
Name: Med Tox Labs. Inc.
Address: 402 W. County Rd D, St. Paul MN 55112
Telephone Number: 800.832.3244
HHS Certified Laboratory Split Specimen
Name: CRL (Clinical Referral Lab)
Address: 11711 W. 83rd Terrace, Lenexa, Ks. 66150
Zero Tolerance Drug and Alcohol Testing Policy February 2016
Telephone Number: 800.452.5677
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: A Resolution Of The Ridgecrest City Council Setting A Date For The Unmet Transit Needs Hearing
PRESENTED BY: Sergio Covarrubias & Justin Schuchman, Transit Division SUMMARY:
The Transportation Development Act of 1971 (TDA), as amended, provides for the disbursement of funds from the Local Transportation Fund for various eligible transportation uses. The funds are distributed by the Kern Council of Governments (KCOG), in its capacity as the Regional Transportation Planning Agency. An eligible claimant wishing to receive TDA funding through KCOG must conduct an annual review of the transit needs of individuals and groups in the community.
This coming year’s submittal of the Public Hearing documentation is due to Kern Council of Government by the end of April 2026. Subsequently, a public hearing must be held before the end of April 2026. Since the public hearing must be duly noticed for thirty days prior to the public hearing date, staff is requesting that the hearing be scheduled for the Council Meeting of February 18th, 2026 at 6:00 p.m. in the City Council Chambers.
FISCAL IMPACT: Allows the Transit Division of Public Works to continue receiving Transportation Development Act funding from Kern Council of Governments.
ACTION REQUESTED: Approve A Resolution as requested.
CITY MANAGER’S RECOMMENDATION: Action as requested.
Submitted by: Sergio Covarrubias, Justin Schuchman Action Date: December 17 th, 2025
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RESOLUTION NO. 25-Xx
A RESOLUTION OF THE RIDGECREST CITY COUNCIL SETTING A
DATE FOR THE UNMET TRANSIT NEEDS HEARING
WHEREAS, The City of Ridgecrest receives Transportation Development Act funds for various transportation uses; and,
WHEREAS, A public hearing must be held to determine if there are any “Unmet Needs that are Reasonable to Meet” in the public transportation system; and, WHEREAS, A Notice of Public Hearing must be published thirty days prior to the hearing date.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Ridgecrest does hereby set the public hearing for Unmet Transit Needs for February 18th, 2026 at 6:00 pm in the City Council Chambers, approves the Notice of Public Hearing, and directs the City Clerk to publish the notice.
ADOPTED, AND APPROVED, this 17th day of December, 2025, by the following vote:
AYES:
NOES:
ABSENT:
Travis Endicott, Mayor
ATTEST:
Ricca Charlon, City Clerk
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NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN THAT A PUBLIC HEARING WILL BE HELD BEFORE THE CITY OF RIDGECREST CITY COUNCIL IN THE COUNCIL CHAMBERS OF CITY HALL, 100 W. CALIFORNIA AVENUE, RIDGECREST, CALIFORNIA ON WEDNESDAY, FEBRUARY 18, 2026, AT 6:00 P.M. OR AS SOON THEREAFTER AS THE MATTERS MAY BE HEARD.
UNDER CONSIDERATION WILL BE a public hearing to receive comments related to unmet and reasonable transit needs in the City of Ridgecrest and the surrounding county areas services by the Ridgecrest Transit System.
Kern COG is required to define “unmet needs” and “reasonable to meet,” and has defined them by resolution 90-04.
Unmet needs:
An unmet need exists if an individual or any age or physical condition is unable to transport him or herself due to deficiencies in the existing transportation system. Excluded are (1) those request for minor operational improvements, and (2) those improvements funded and scheduled for implementation in the following fiscal year.
Reasonable to meet:
A. Operational feasibility. The requested improvement must be safe to operate and there must be adequate roadways for transit vehicles.
B. Duplication of Service. The proposed services shall not duplicate other transit services.
C. Timing. The proposed service shall be in response to an existing, rather than a future need.
D. Service must meet the legally required farebox ratio (PUC Sections 99288.2, 99288.5 and CAC Sections 8833.2, 8833.5 with fares of similar service.
All interested persons are invited to attend and present testimony.
CITY OF RIDGECREST, Ricca Charlon, CMC, City Clerk
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Request For The Permanent Revocation Of Business Licenses For Motel-6 And Clarion Pointe Hotels (Ridgecrest Municipal Code Section 9-236) PRESENTED BY: Martin D. Koczanowicz, City Attorney
BACKGROUND:
For an extended period of time staff and the City Attorney have been attempting to collect unpaid Transient Occupancy Taxes (TOT) from the owners and operators of Motel-6 and Clarion Pointe hotels. These two hotels appear to be owned by the same operator, Mr.
Ramazan Ceker. As of December 9, 2025, the amount of TOT and penalties owed for Motel6 is $32,365.22 and Clarion Pointe is $42,680.46.
PERMANENT REVOCATION:
Ridgecrest Municipal Code (RMC) Section 9-236 provides the City Council with authority to suspend, revoke, or cancel a Business License for good cause shown. Such good cause includes any violation of City’s Ordinances. Failure to timely and accurately report and remit collected TOT to the City, or failure to collect such TOT from the hotel guests, is a violation of RMC Section 9-143. As the TOT is not, at any point in time, the property of the hotel operator, not remitting the TOT to the rightful owner, the City, constitutes embezzlement, which is a crime.
Attached to this staff report as Exhibit A is a chart showing the months for which payments have not been submitted by either hotel. Staff initially had to estimate the gross receipts due to the lack of records; however, the operator has since submitted gross receipt amounts for February 2025 through September 2025. October’s numbers have still not been submitted; therefore, staff has estimated the gross receipts. The corresponding TOT remains unpaid.
Consistent with the provisions of the RMC Section 9-236(3) staff is requesting that City Council permanently revoke the Business Licenses for Clarion Pointe and Motel-6,and direct staff to send Notice and a Cease-and-Desist Order (Exhibit B) of revocation to the Licensee.
This request is based on the fact that both businesses have been operating in violation of City’s Ordinances, as well as state laws. Notices of this hearing were served on the hotel owner on November 20, 2025.
At the revocation hearing staff will present more detailed chronology and evidence to support the ongoing violations and the request for permanent revocation of the licenses. Should the licenses be revoked, these two Hotels will lose their right to operate their business in the City.
CEQA: This is not a Project under CEQA Guidelines.
Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
FISCAL IMPACT:
Revocation of the Business Licenses and closure of the two hotels will result in potential decrease in available lodging when the City “sells out” a few times a year, but on a regular basis the difference will be absorbed by other hotels in town. Costs of any legal action to enforce the closure would be recoverable by the City when it prevails.
ACTION REQUESTED:
Staff requests that the Council receive and consider the staff report and supporting documents, along with any public testimony, issue an order permanently revoking the Business Licenses for Clarion Pointe and Motel-6 at the hearing for Revocation of those Licenses and authorize legal action to gain compliance with the Revocation Order if necessary.
CITY MANAGER’S RECOMMENDATION:
Concur with Recommended action
Submitted by: Martin D. Koczanowicz City Attorney Action Date: December 17, 2025 Status Month/Year Gross Receipts P/I Due TOT Due RTID Due Total Reported Feb-25 $ 37,109.72 $ 818.27 $ 3,710.97 $ 2,133.81 $ 6,663.05 Reported Mar-25 $ 49,470.39 $ 1,051.86 $ 4,947.04 $ 2,844.55 $ 8,843.45 Reported Apr-25 $ 44,864.12 $ 918.59 $ 4,486.41 $ 2,579.69 $ 7,984.69 Reported May-25 $ 32,456.47 $ 638.99 $ 3,245.65 $ 1,866.25 $ 5,750.88 Reported Jun-25 $ 24,241.40 $ 458.16 $ 2,424.14 $ 1,393.88 $ 4,276.18 Reported Jul-25 $ 19,103.68 $ 346.02 $ 1,910.37 $ 1,098.46 $ 3,354.85 Paid Aug-25 $ 26,565.50 $ 2,656.55 $ 1,527.52 $ 4,184.07 Paid Sep-25 $ 34,349.60 $ 3,434.96 $ 1,975.10 $ 5,410.06 Estimated** Oct-25 $ 33,520.11 $ 527.94 $ 3,352.01 $ 1,927.41 $ 5,807.36 $ 42,680.46
* Does not include paid months
** Gross Receipts are an average of the reported and paid months Gross Receipts This is the total rental revenue received by the hotel for the reporting period.
TOT
RTID
Penalties/Interest (P/I)
Estimated TOT/RTID Due
Clarion Pointe
For any late payment, 10% of TOT is charged first day the payment is late. For every month payment is late, there is an additional 1/2% interest added.
Transient Occupancy Tax is charged at a rate of 10% of the gross receipts.
Ridgecrest Tourism Improvement District is a pass through payment paid to the RACVB for aid in tourism and destination marketing.
Total Due*
Status Month/Year Gross Receipts P/I Due TOT Due RTID Due Total Reported Feb-25 $ 29,062.69 $ 640.83 $ 2,906.27 $ 1,671.10 $ 5,218.21 Reported Mar-25 $ 27,911.67 $ 593.47 $ 2,791.17 $ 1,604.92 $ 4,989.56 Reported Apr-25 $ 27,063.82 $ 554.13 $ 2,706.38 $ 1,556.17 $ 4,816.68 Reported May-25 $ 17,916.63 $ 352.73 $ 1,791.66 $ 1,030.21 $ 3,174.60 Reported Jun-25 $ 16,613.39 $ 313.99 $ 1,661.34 $ 955.27 $ 2,930.60 Reported Jul-25 $ 13,700.41 $ 248.15 $ 1,370.04 $ 787.77 $ 2,405.96 Reported Aug-25 $ 17,765.03 $ 307.78 $ 1,776.50 $ 1,021.49 $ 3,105.77 Reported Sep-25 $ 12,645.61 $ 209.13 $ 1,264.56 $ 727.12 $ 2,200.81 Estimated* Oct-25 $ 20,334.91 $ 320.27 $ 2,033.49 $ 1,169.26 $ 3,523.02 $ 32,365.22
* Gross Receipts are an average of the reported months
Gross Receipts This is the total rental revenue received by the hotel for the reporting period.
TOT
RTID
Penalties/Interest (P/I)
Estimated TOT/RTID Due
Motel 6
For any late payment, 10% of TOT is charged first day the payment is late. For every month payment is late, there is an additional 1/2% interest added.
Transient Occupancy Tax is charged at a rate of 10% of the gross receipts.
Ridgecrest Tourism Improvement District is a pass through payment paid to the RACVB for aid in tourism and destination marketing.
Total Due
Martin Koczanowicz | [email protected]
p (805) 495-4770 | awattorneys.com
2659 Townsgate Rd., Suite 226 | Westlake Village, CA 91361 December 18, 2025
Clarion Pointe
C/o: Mr. R. Ceker
NOTICE OF REVOCATION Of Business License And
ORDER TO CEASE AND DESIST Operation Of CLARION POINTE Hotel Dear Mr. Ceker:
Please take notice the City Council at the December 17th, 2025 Council meeting, based on evidence presented by all interested parties, revoked the Business License to operate the Clarion Pointe hotel in the City of Ridgecrest. This is an order that you immediately cease operating your business.
This revocation and a cease-and-desist order are based on the continued non-payment of the amounts that are collected by your business for the City’s Transient Occupancy Tax (TOT). The TOT collected from your guests as part of the hotel room charge is the property of the City. The Municipal Code requires that the TOT be submitted to the City on monthly basis, along with the report. Failure to do so, or to do so accurately, is a violation of the Municipal Code and State law.
The revocation and cease and desist order are issued in accordance with Ridgecrest Municipal Code Section 9-236 and, if needed will be enforced by Court Action.
ALESHIRE & WYNDER, LLP
Martin Koczanowicz
City Attorney
mt
Martin Koczanowicz | [email protected]
p (805) 495-4770 | awattorneys.com
2659 Townsgate Rd., Suite 226 | Westlake Village, CA 91361 December 18, 2025
Motel-6
C/o: Mr. R. Ceker
NOTICE OF REVOCATION Of Business License And
ORDER TO CEASE AND DESIST Operation Of MOTEL - 6 Hotel
Dear Mr. Ceker:
Please take notice the City Council at the December 17th, 2025 Council meeting, based on evidence presented by all interested parties, revoked the Business License to operate the Motel-6 hotel in the City of Ridgecrest. This is an order that you immediately cease operating your business.
This revocation and a cease-and-desist order are based on the continued non-payment of the amounts that are collected by your business for the City’s Transient Occupancy Tax (TOT). The TOT collected from your guests as part of the hotel room charge is the property of the City. The Municipal Code requires that the TOT be submitted to the City on monthly basis, along with the report. Failure to do so, or to do so accurately, is a violation of the Municipal Code and State law.
The revocation and cease and desist order are issued in accordance with Ridgecrest Municipal Code Section 9-236 and, if needed will be enforced by Court Action.
ALESHIRE & WYNDER, LLP
Martin Koczanowicz
City Attorney
mt
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RIDGECREST CITY COUNCIL/SUCCESSOR REDEVELOPMENT AGENCY/
HOUSING AUTHORITY/FINANCING AUTHORITY AGENDA ITEM
STAFF REPORT
SUBJECT: A Resolution Of The Ridgecrest City Council Approving An Amendment To The Professional Services Agreement With Flewelling & Moody, Inc., For Consulting Services For A Value Engineering Study
PRESENTED BY: Terry Roberts, Public Works Director
Summary:
The City had previously entered into an Agreement with Flewelling & Moody, Inc., for consulting services for the design for the Sgt. John Pinney Memorial Pool Complex.
The City wanted to perform a Value Engineering Study to determine areas of the design that could be simplified or removed in order to reduce the total cost of the Complex. The Study was to determine those areas and prepare revised construction drawings showing the potential changes to the design.
Since Flewelling & Moody, Inc., was performing the design of the Complex, they were chosen to perform the Study. At the request of City Staff, they provided a proposal dated 15 August 2025, in the amount of $80,910.00.
City Staff reviewed the proposal and determined it was accurate, fair, and reasonable, and intend to Amend the current Agreement to include this Study.
Measure P funds will be used for this Amendment.
FISCAL IMPACT: $80,910.00 of Measure P funds.
ACTION REQUESTED:
1. Authorizes the award of an Amendment to Flewelling & Moody, Inc., for the Value Engineering Study in the amount of $80,910.00.
2. Authorizes the Finance Director to make all capital and revenue transfers necessary.
3. Authorize the City Manager to execute the contract, in content and format approved by the City Attorney and City Manager.
4. Authorizes Staff to create a purchase order in the amount of $80,910.00 for said services.
CITY MANAGER / EXECUTIVE DIRECTOR RECOMMENDATION: Action as Requested Submitted by: Terry Roberts Action Date: December 17, 2025 This Page Intentionally Left Blank
RESOLUTION NO. 25-XX
A RESOLUTION OF THE RIDGECREST CITY COUNCIL APPROVING AN
AMENDMENT TO THE PROFESSIONAL SERVICES AGREEMENT WITH
FLEWELLING & MOODY, INC., FOR CONSULTING SERVICES FOR A
VALUE ENGINEERING STUDY
WHEREAS, in 2023, the City entered into agreement with Flewelling & Moody, Inc., for consulting services for the design for the Sgt. John Pinney Memorial Pool Complex; and, WHEREAS, the City Staff wanted to perform a Value Engineering Study to determine areas of the design that could be simplified or removed in order to reduce the total cost of the Complex; and,
WHEREAS, Flewelling & Moody, Inc., was performing the design of the Complex, they were chosen to perform the Study; and,
WHEREAS, At the request of City Staff, Flewelling & Moody, Inc., provided a proposal dated 15 August 2025, in the amount of $80,910.00; and, WHEREAS, City Staff have reviewed the proposal and determined it to be accurate, fair, and reasonable; and,
WHEREAS, funds to perform this work are available in Measure P funds; and, WHEREAS, City staff recommends the award of an Amendment to Flewelling & Moody, Inc., for the Value Engineering Study in the amount of $80,910.00.
NOW, THEREFORE, BE IT RESOLVED, that the City of Ridgecrest hereby:
1. Authorizes the award of an Amendment to Flewelling & Moody, Inc., for the Value Engineering Study in the amount of $80,910.00.
2. Authorizes the Finance Director to make all capital and revenue transfers necessary.
3. Authorizes the City Manager to execute the agreement.
4. Authorizes Staff to create a purchase order in the amount of $80,910.00 for said services.
APPROVED AND ADOPTED, this 17th day of December, 2025, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Travis Endicott, Mayor
ATTEST:
Ricca Charlon, CMC
City Clerk
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Ridgecrest City Council
Successor Redevelopment Agency
Financing Authority
Housing Authority
STAFF REPORT
SUBJECT: Discussion Regarding The Board Of The Indian Wells Valley Groundwater Authority (IWVGA) Regular Meeting And/or The Potential Removal from, or Different Placement Of This Item On The City Council Agenda
PRESENTED BY:
L. Scott Hayman, City Council / IWVGA Representative
SUMMARY:
Report and discussion regarding Board meetings of the IWVGA. Including, Board discussion and consideration of issues of importance requiring action by the IWVGA.
FISCAL IMPACT: None
ACTION REQUESTED: Discuss
CITY MANAGER’S RECOMMENDATION: Action as requested
Submitted by: Ricca Charlon Action Date: Nov. 19, 2025
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