Ridgecrest Municipal Code § 2-208 General

(a) This article sets forth provisions which are common to all agencies, commissions, boards and committees.

(b) Commissions and boards shall consist of five members who shall be registered voters within the city and who shall be appointed on the basis of their qualifications for their duties. Each member of the council shall nominate one commissioner or board member. The council shall confirm or reject the nomination.

(Code 1980, § 2-3.101; Ord. No. 96-03; Ord. No. 13-01, § 2)

(a) Pursuant to the provisions of Government Code title 7, div. 1, ch. 1, (Government Code § 65100), there is hereby established a planning agency for the city. The planning agency shall be the planning commission composed and organized as set forth in this article.

(b) Planning commission salary. Commissioners shall receive monthly compensation in an amount established by resolution of the city council. Commissioners may also receive traveling and other expenses incurred on city planning business.

(c) The planning commission shall:

(1) Develop and maintain a general plan, zoning and subdivision ordinances;

(2) Develop such specific plans as may be necessary or desirable;

(3) Periodically review the capital improvement program of the city;

(4) Prepare, review and recommend to the council plans and drafts of such regulations, programs and legislation as may, in its judgment, be required for the systematic execution of the general plan;

(5) Act as the agency for the council in connection with the Subdivision Map Act (Government Code § 66410 et seq.);

(6) Investigate and recommend plans to the council for improvements and/or beautification of the city, including matters such as the opening, straightening, widening, closing of or parking on streets, improvement and development of public streets, improvement and development of public buildings and works, the subdivision of lands and the supplementation or the change of zoning regulations and districts;

(7) Act as the zoning board of adjustment;

(8) Perform such other functions and duties as may be imposed by law or as the city council may provide.

(d) The planning commission shall have the powers necessary to enable it to fulfill and carry out its planning functions as provided by law and as set forth herein. In the performance of its functions, planning commission personnel may enter upon any land to make examination and surveys provided such entries, examination and surveys do not interfere with the use of land by those persons lawfully entitled to the provisions thereof.

(e) The city planner shall assist the commission with the performance of its duties.

(f) Except as otherwise required by state law, decisions by the commission may be appealed to the city council only by:

(1) Citizens affected by such decision;

(2) Property owners or a group of property owners affected by such decision;

(3) Any governmental agency or other entity owning property which may be affected by such decision; or

(4) The city council.

Each appeal shall be accompanied by an appropriate fee as set by the council. Appeals must be filed within ten calendar days following the commission's decision. The council shall complete the review of the commission's decision within 30 days after receipt of the written appeal. The record on appeal shall consist of the evidence presented to the commission and additional evidence the council deems relevant. The council shall affirm, reverse, or modify the commission's decision. Findings shall be prepared if the council reverses or modifies the decision or affirms the decision on grounds other than those stated by the commission.

(Code 1980, § 2-3.103; Ord. No. 96-03; Ord. No. 99-01, § 2; Ord. No. 13-01, § 2; Ord. No. 14-02, § 2)

State Law reference— Planning commissions, Government Code § 65101 et seq.

(a) The personnel commission is hereby established.

(b) Commissioners shall receive no compensation, but shall receive reimbursement for expenses incurred while on city business, provided such expenses are authorized by the council.

(c) The personnel commission shall hear appeals by employees in the competitive service concerning appointments, promotions, demotions, suspensions and discharge and may approve, disapprove, or amend the appointments, promotions, demotions, suspensions, and discharge heard in the appeal.

(d) Decisions of the personnel commission are final unless overturned by a court of law.

(e) The personnel officer or designee shall assist the personnel commission in the performance of its duties.

(Code 1980, § 2-3.104; Ord. No. 96-03; Ord. No. 13-01, § 2)

(a) The construction appeals board is hereby established. The board shall be constituted as set forth in the state building standards code as it pertains to the contractors appeals board.

(b) Board members shall receive no compensation but shall receive reimbursement for expenses incurred while on city business, provided such expenses are authorized by the council.

(c) The board shall undertake the tasks specified in the state building standards code for the board of appeals.

(d) The building official or designee shall assist the board in performance of its duties.

(Code 1980, § 2-3.105; Ord. No. 96-03; Ord. No. 13-01, § 2)

(a) The persons with disabilities access appeals board is hereby established. The board shall be appointed and constituted as follows: Two members of the board shall be persons with disabilities, two members shall be persons experienced in construction and one member shall be a public member.

(b) Board members shall receive no compensation but shall receive reimbursement for expenses incurred on city business, provided such expenses are authorized by the council.

(c) The board shall conduct hearings on written appeals made under the state persons with disabilities access standards and may approve or disapprove interpretations of these standards and enforcement actions taken by the building official. The board shall adopt regulations establishing procedural rules and criteria for carrying out its duties.

(d) The building official or designee shall assist the board in the performance of its duties.

(Code 1980, § 2-3.106; Ord. No. 96-03; Ord. No. 13-01, § 2)

The council shall establish committees by resolution. Committee members shall be appointed by the mayor with the advice and consent of the council. The committee shall select a chair. If the committee cannot select a chair within 60 days from the date of appointment, the mayor shall nominate a chair who shall be confirmed by a majority of the council. Meetings of standing committees are open to the public. Committees shall make their recommendations to the council.

(Code 1980, § 2-3.107; Ord. No. 96-03; Ord. No. 99-01, § 3; Ord. No. 13-01, § 2)

The following additional appointments shall be made by the council to conduct the business of the city. These are listed below with the appropriate assignments:

(1) Kern council of governments (KernCOG). One representative and one alternate from the city council appointed by a majority of the council in December of even-numbered years for a two-year appointment.

(2) Navy community council. The city has two representatives. The mayor serves as a permanent member. Additionally, one representative from the city council, approved by a majority of the council for a six-month term appointed in December and May.

(3) Kern County air pollution control district (KCAPCD). One representative from the city council, appointed by a majority of the council in December for a two-year term.

(4) Ridgecrest Area Convention and Visitors Bureau (RACVB). One representative from the city council appointed by a majority vote of the council for a two-year term starting in December of even-numbered years.

(5) IWV groundwater management committee. One representative from the city council, appointed by a majority of the council for a two-year term commencing in December of even-numbered years.

(6) League of California Cities—Desert Mountain Division. One representative from the city council, appointed by the majority of the council for a one-year term starting in December.

(7) Any ad hoc committee that the city council may deem necessary. Procedures for appointment and length of term to be determined by the council at the time of inception.

(Code 1980, § 2-3.108; Ord. No. 96-03; Ord. No. 13-01, § 2)

(a) The disaster council is hereby established.

(b) The disaster council shall provide for the preparation and carrying out of plans for the protection of persons and property within the city in the event of an emergency; the direction of the emergency organization; and the coordination of the emergency functions of the city with all other public agencies, corporations, organizations, and affected private persons. As used herein, the term "emergency" means the duly proclaimed existence of conditions of disaster or of extreme peril to the safety of persons and property within the territorial limits of a county, city and county, or city, caused by such conditions as air pollution, fire, flood, storm, epidemic, riot, drought, sudden and severe energy shortage, plant or animal infestation or disease, the governor's warning of an earthquake or volcanic prediction, or an earthquake, or other conditions, other than conditions resulting from a labor controversy, which are or are likely to be beyond the control of the services, personnel, equipment, and facilities of that political subdivision and require the combined forces of other political subdivisions to combat, or with respect to regulated energy utilities, a sudden and severe energy shortage requires extraordinary measures beyond the authority vested in the state public utilities commission.

(c) The disaster council shall consist of the following: The mayor, who is the chair; the director of emergency services, who is the city manager and who shall be vice-chair; the assistant director of emergency services who is the chief of police or the person appointed by the director in the assistant director's absence; such chiefs of emergency services as are provided for in a current emergency plan of the city adopted pursuant to this section; and such representatives of civic, business, labor, veteran, professional, or other organizations having an official emergency responsibility as may be appointed by the director to fulfill the requirements of the emergency operations plan.

(d) The disaster council shall develop and recommend for adoption by the city council, emergency and mutual aid plans and agreements and such ordinances and resolutions and rules and regulations as are necessary to implement such plans and agreements. The disaster council shall meet upon the call of the chair or, in the chair's absence from the city or inability to call such meeting, upon the call of the vice-chair.

(e) The disaster council shall be responsible for the development of the city emergency operations plan, which plan shall provide for the effective mobilization of all of the resources of the city, both public and private, to meet any condition constituting a local emergency, state of emergency, or state of war emergency and shall provide for the organization, powers and duties, services, and staff of the emergency organization. Such plan shall take effect upon adoption by resolution of the city.

(f) As required by the emergency operations plan and state statute, the chairperson shall:

(1) Request the city council to proclaim the existence or threatened existence of a local emergency if the council is in session, or to issue such proclamation if the city council is not in session. The council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.

(2) Request the governor to proclaim a state of emergency when, in the opinion of the chair, the locally available resources are inadequate to cope with the emergency.

(g) As required by the emergency operations plan and state statute, the director shall:

(1) Declare a local emergency, provided, whenever a local emergency is proclaimed, the council shall take action to ratify the proclamation within seven days thereafter or the proclamation shall have no further force or effect.

(2) Control and direct the effort of the emergency organization of the city for the accomplishment of the purposes of this section.

(3) Direct cooperation between and coordination of services and staff of the emergency organization of the city and resolve questions of authority and responsibility that may arise between them.

(4) Represent the city in all dealings with public and private agencies on matters pertaining to emergencies as defined herein.

(h) In the event of the proclamation of a local emergency as herein provided, the proclamation of a state emergency by the governor or the director of the state office of emergency services, or the existence of a state of war emergency, the director shall:

(1) Make and issue rules and regulations on matters reasonably related to the protection of life and property as affected by such emergency; provided, however, such rules and regulations must be confirmed at the earliest practicable time by the city council;

(2) Obtain vital supplies, equipment, and such other properties found lacking and needed for the protection of life and property and to bind the city for the fair value thereof and, if required immediately, to commandeer the same for public use;

(3) Require emergency services of any city officer or employee and, in the event of the proclamation of a state of emergency in the county or the existence of a state of war emergency, to command the aid of as many citizens of this community as he deems necessary in the execution of his duties; such persons shall be entitled to all privileges, benefits, and immunities as are provided by state law for registered disaster service workers;

(4) Requisition necessary personnel or material of any city department or agency; and

(5) Execute all ordinary power as city manager, all of the special powers conferred by this section or by resolution of an emergency plan pursuant hereto adopted by the city council, all powers conferred by any statute, by any agreement approved by the city council, and by any other lawful authority.

(i) The director of emergency services shall designate the order of succession to that office to take effect in the event the director is unavailable to attend meetings and otherwise perform his duties during an emergency. Such order of succession shall be approved by the city council.

(j) The assistant director shall, under the supervision of the director and with the assistance of emergency service chiefs, develop emergency plans and manage the emergency programs of the city and shall have such other powers and duties as may be assigned by the director.

(k) All officers and employees of the city, together with those volunteer forces enrolled to aid them by agreement or operation of law, including persons impressed into service under the provisions of this Code, shall be charged with duties incident to the protection of life and property in the city during such emergency, and shall constitute the emergency organization of the city.

(l) Any expenditures made in connection with emergency activities, including mutual aid activities, shall be deemed conclusively to be for the direct protection and benefit of the inhabitants and property of the city.

(m) It shall be a misdemeanor promulgated in the California Emergency Services Act, (Government Code § 8550 et seq.) and the California Penal Code for any person during an emergency to:

(1) Willfully obstruct, hinder, or delay any member of the emergency organization in the enforcement of any lawful rule or regulation issued pursuant to this section, or in the performance of any duty imposed upon him by virtue of this section;

(2) Do any act forbidden by any lawful rule or regulation issued pursuant to this section, if such act is of such a nature as to give or be likely to give assistance to the enemy or to imperil the lives or property of inhabitants of his city, or to prevent, hinder, or delay the defense or protection thereof;

(3) Wear, carry, or display, without authority, any means of identification specified by the emergency agency of the state.

(Code 1980, § 2-3.109; Ord. No. 96-03; Ord. No. 13-01, § 2)

State Law reference— California Emergency Services Act, Government Code § 8550 et seq.; local disaster council, Government Code § 8619 et seq.