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Agenda, special meeting, first session

California City City Council
December 9, 2024

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Agenda, special meeting, first session
Meeting
December 9, 2024
Body
California City City Council
Pages
3
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3.1 MB
Text extracted from the city's file for reading and search. Open the original on californiacity.granicus.com. That file is the official record.

CITY OF CALIFORNIA CITY DECEMBER 9, 2024
1 AGENDA

CITY COUNCIL/ HOUSING AUTHORITY/ SUCCESSOR AGENCY
SPECIAL MEETING MONDAY DECEMBER 9, 2024 @ 5:00PM

COUNCIL CHAMBERS & VIA ZOOM
21000 HACIENDA BLVD., CALIFORNIA CITY, CA 93505
If you need special assistance to participate in this meeting, contact the City Clerk at (760) 373-7140 or via email at [email protected]. We request a 24-hour notification prior to the meeting in order for the City to make reasonable arrangements to ensure accessibility. (28 CFR 35.102-35.104 American Disabilities Act Title II)
Zoom instructions and notes:

Web Link: https://us06web.zoom.us/j/89009891320
Meeting ID: 890 0989 1320

1. Public can dial into the Zoom line:
a.One tap mobile: +16694449171,87254527178# US
b.Dial the following number: +1 564 217 2000 US

2. Comments
a. Public must join Zoom meeting to comment
b. Keep your mic on Mute until you are requested to speak c. Use the “Raise your Hand” button to request to speak or, d. Send a chat request to City Clerk for request to speak e. When requested to speak state your name for the record f. Re-mute when your time to speak has ended
Kelly Kulikoff
MAYOR
Ronald Smith

MAYOR PRO TEM
Jim Creighton
LaShelle Cooper
Michael Kulikoff

COUNCIL MEMBERS
CITY OF CALIFORNIA CITY DECEMBER 9, 2024
2 Public is urged to listen to the meeting in a quiet place, to avoid background noise. We also request public to MUTE your audio device when not commenting to avoid disruption during meeting.
**Please take this time to turn off your cell phones ** 4:30 PM CLOSED SESSION MEETING

CALL TO ORDER

ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith & Mayor Kulikoff

APPROVAL OF AGENDA

PUBLIC COMMENTS
Members of the public are welcome to address the City Council only on those items listed on the Closed Session agenda. Each member of the public will be given (3) three minutes to speak.

CLOSED SESSION
CS1. CONFERENCE WITH LEGAL COUNSEL – POTENTIAL LITIGATION PURSUANT TO GOVERNMENT CODE SECTION 54956.9 (d) (2)
Number of Matters: TWO (2)

REPORT OUT OF CLOSED SESSION
5:00 PM REGULAR MEETING

CALL TO ORDER

PLEDGE OF ALLEGIANCE/INVOCATION

ROLL CALL
Councilmembers: Cooper, Creighton, Kulikoff, Mayor Pro Tem Smith, Mayor Kulikoff

OATH OF OFFICE
• JUSTIN VINCENT- DIRECTOR OF PUBLIC SAFETY
• JOHNATHAN DEMPSEY- FIREFIGHTER PARAMEDIC
CITY OF CALIFORNIA CITY DECEMBER 9, 2024
3 NEW BUSINESS
NB 1. Transfer 43 Cannabis Permits
Staff Report: Latisha Lamberth, Acting City Manager
Recommended Action: Staff recommends that the City Council take action to approve the proposed transfer of the 43 from City Management Group, LLC to the new Owner in the existing entity, Cal City Management Group, LLC, to a new shareholder. The entity's name will remain the same, but the principal ownership will change
NB 2. Purchase of Police department replacement of HVAC units and multi head mini split systems utilizing previously accepted restricted community benefit funding from AES Green Energy Corporation
Staff Report: Dr. Justin Vincent, Director of Public Safety Recommended Action: Staff recommends Council authorize the City Manager to sign a contract with JLC Air for the HVAC unit replacements at the Police Department for the amount of $75,430.00. This amount is well under the provided $95,000, allowing leftover funds to be used for other approved projects
NB 3. Purchase of Police Department, Code Enforcement, and Building department vehicles utilizing previously accepted restricted community benefit funding from AES Green Energy Corporation
Staff Report: Dr. Justin Vincent, Director of Public Safety Recommended Action: Staff recommends that the City Council approve the purchase of identified vehicles for the police department, code enforcement, and the building department in line with the restricted donation of funds via the attached resolution as requested by AES and to direct the City Manager to fulfill the terms of purchasing and payment for the identified vehicles to elevate the quality of life for the residents of California City NB 4. Police Department and Fire Department Surplus Declaration/Disposition Staff Report: Dr. Justin Vincent, Director of Public Safety Recommended Action: Staff is asking the Council to approve as surplus and authorize their sale, donation of one unit, and destruction of the out-of-service fire engine NB 5. Purchase of Fire Department SCBA Fill Station utilizing previously accepted restricted community benefit funding from AES Green Energy Corporation
Staff Report: Dr. Justin Vincent, Director of Public Safety Recommended Action: Staff recommends that the City Council approve the purchase of the Bauer SCBA fill station for the fire department at a cost of $58,698.47, below the dedicated $60,000.00 from AES, in-line with the restricted donation of funds, via the attached resolution as requested by AES and to direct the City Manager to fulfill the terms of purchasing and payment for the identified capital item to elevate the safety and efficiency for the fire department.

ADJOURNMENT
CITY OF CALIFORNIA CITY DECEMBER 9, 2024
4 AFFIDAVIT OF POSTING
I, Leanndrea Weible, Acting City Clerk for the City of California City, California, DO HEREBY CERTIFY under penalty of perjury under the laws of the State of California, that the foregoing notice was posted at the City of California City, City Hall bulletin and all other official bulletin boards and the City’s website at least 24 hours prior to the meeting in compliance with the provisions of the Brown Act. board at 21000 Hacienda Boulevard, California City, CA and on all official City bulletin boards.

December 6, 2024
4862-6777-4967 v1
ITEM NO.

COUNCIL AGENDA ITEM Council
Meeting December 9, 2024
PREPARED BY: Latisha Lamberth, Acting City Manager
SUBJECT: Transfer 43 Cannabis Permits

BACKGROUND
* Item being brought back to city council for consideration based upon the permit holder’s assertion that when the original permits were issued, there was not an expiration of validity defined on the permits received and that permits granted in the years following were then subject to a two-year validity clause. Therefore, the permit holder contends that his permits are still valid and can be transferred. The permit holder wishes to address this issue before the city council so that the city council can discuss and provide direction on this matter.

Insert information about obtaining permits – how many (43) and how owned – by Cal City Management Group, LLC; when issued?
• On April 24, 2023, Michael Ellison - 22380 Yerba Blvd. - Yerba Gardens, received a Notice of Violation – Administrative Citation from the Fire Department issued by previous Fire Chief, Jeremy Kosick, for multiple violations during a cannabis inspection of a reported illegal grow in the amount of $16,500.00, citation No. 60056. • On May 17, 2023, Mr. Ellison was additionally cited for failure to comply with cease and desist order and fire code violation CFC 3313. This was the second citation based on nonremoval of illegal grow without Certificate of Occupancy, nor local and state permits, at same location: 22380 Yerba Blvd, in the amount of $69,000.00, citation No. 60058. • Mr. Ellison met with staff on several occasions to discuss the second citation. He requested an administrative meeting with previous staff on May 24, 2023, citing the days in violation were incorrect. Mr. Ellison met with previous staff and the citation was amended from the original citation of $69,000.00 to correct the dates originally listed and dropped to $48,000.00, which was determined by previous staff to be correct. Mr. Ellison was advised that if he wanted to appeal the citation, he would need to do so by May 24, 2023, by 5pm and pay the $85 appeal fee.

NB 1
4862-6777-4967 v1
• On July 10, 2023, staff emailed a courtesy reminder to Mr. Ellison on the second outstanding citation due and to pay the full amount at his earliest convenience to not create any further delays to his project.
• On August 24, 2023, Mr. Ellison requested another meeting to discuss the use of a previous building permit payment to be refunded to cover the citation. It was explained to him that the city could not refund work that had already been completed and the citation was still due in full. Mr. Ellison explained that he understood and would pay the citation the following week.
• Mr. Ellison visited staff on August 5, 2024 to discuss the collection notice he received for the $48,000 citation. He asked for me to review the content of the notice. The notice stated that he had until August 13, 2024, to pay the $48,000.00 citation. After the 13th, an additional 50% penalty fee would be assessed. I explained that the administrative citation did not fall within my department’s jurisdiction and that he would need to reach out either to Fire Department with any questions and to made arrangements to process payment. • Staff accepted the payment in the amount of $48,000.00. Since this was never submitted in the system to collect penalties and interest.

Proposed Transfer of 43 Cannabis Permits
Mr. Ellison proposes to transfer the 43 permits owned the existing entity, Cal City Management Group, LLC, to a new shareholder. The entity's name will remain the same, but the principal ownership will change to a new buyer of the property (22380 Yerba Blvd.) so that the new owner may utilize them at the property. This transfer is addressed in the Municipal Code Section section 5-6.506(c) which allows the transfer of the permits if there is a change in the structure or substantial change in the ownership of the permittee business entity and it is approved by the City Council.

Sec. 5-6.506. - Prohibition on Transfer of Cannabis Business Permits. (a) No person shall operate a cannabis business at any location other than the location specifically authorized and identified on the City issued cannabis business permit. A permittee may request that the specifically authorized location identified on the City issued cannabis business permit be changed to another specifically authorized location that meets all zoning requirements, including but not limited to distances, for identified uses without the need to reapply for a new permit. The City Manager is authorized to make the final decision concerning the issuance of a change in location and reissue of the cannabis business permit for the new location.
(b) Cannabis business permits issued through the grant of a transfer shall be valid for a period of one (1) year beginning on the day the City Manager approves the transfer of the permit. Before the transferee's permit expires, the transferee shall apply for a renewal permit in the manner required by this chapter.
(c) Changes in ownership of a permittee's business structure or a substantial change in the ownership of a permittee business entity (changes that result in a change of more than 75% of the original ownership), must be approved by the City Council and executed by the City Manager 4862-6777-4967 v1
through the transfer process set forth in this section. Failure to comply with this provision is grounds for permit revocation.
(d) A permittee may change the form of business entity without applying to the City Manager for a transfer of permit, provided that either:

1. The membership of the new business entity is substantially similar to original permit holder business entity (at least 75% of the membership is identical), or

2. If the original permittee is a cooperative or collective and then transitions to a new business entity to comply with Section 5-6.301, subdivision (b), provided that the original operator(s) of the original permittee business are the same, and the only change is removing collective/cooperative members from the ownership of the new business entity.

Although a transfer is not required in these two circumstances, the permit holder is required to notify the City Manager in writing of the change within ten (10) days of the change. Failure to comply with this provision is grounds for permit revocation. (e) No cannabis business permit may be transferred when the City Manager or Police Chief has notified the permittee that the permit has been or may be suspended or revoked. (f) Any attempt to transfer a cannabis business permit either directly or indirectly in violation of this section is hereby declared void, and such a purported transfer shall be deemed a ground for revocation of the permit.

In this case, there is a change in the ownership of the entity. Therefore, the City Council will need to approve the change of ownership since it is a change resulting in greater than 75% interest in the entity pursuant to subsection (c) and the City Manager must sign off on it. The transfer may then occur.

The new buyer will still need to be qualified and go through the City’s qualification process. The City may also be able to extract renewal/transfer fees for each license.

FISCAL IMPACT
No fiscal impact anticipated; potential ability of City to extract renewal or transfer fees for each permit.

RECOMMENDATION
Staff recommends that the City Council take action to approve the proposed transfer of the 43 from City Management Group, LLC to the new Owner in the existing entity, Cal City Management Group, LLC, to a new shareholder. The entity's name will remain the same, but the principal ownership will change.
4862-6777-4967 v1
1 Item No. NB____

COUNCIL AGENDA ITEM
December 9, 2024
TO: Mayor and City Council
FROM: Dr. Justin Vincent, Director of Public Safety
SUBJECT:

Purchase of Police department replacement of HVAC units and multi head mini split systems utilizing previously accepted restricted community benefit funding from AES Green Energy Corporation.

BACKGROUND/ DISCUSSION:

AES Green Energy Corporation is currently building a large green energy solar project in the Southern portion of the California City limits known as Bellefield 2. As part of its business model and organizational values, AES always strives to become an active member of every community that it comes into and works hard to make lasting positive community impacts through involvement and donations to both local non-profits and local government. Their company values encourage the organization to not only develop infrastructure and businesses within communities but to become an active member in their community through local partnerships and donations where applicable.

Since AES began its project in California City, they have been an active partner, seeking out opportunities to positively impact the lives of California City residents. They have already donated to the California City local non-profit, Safe Haven. AES provided a donation to their Back-to-School Backpack, Job Fair, and Community Resources Giveaway. They have already pledged to donate to their 2nd Annual Resource Spectacular (Thanksgiving) Event in November 2024 and to their Annual Holiday Toy Giveaway in December 2024. Since coming to Kern County, AES has also made major financial donations to Goodr Foundation Pop-up Market Food Activation in Mojave, the East Kern Family Resource Center, the Kern Economic Development Foundation, and the Kern County Superintendent of Schools for East Kern Career Expo. On November 4th, 2024, AES came before the City Council and presented a donation of 2.7 million dollars to the city to be used for several identified specific purchases to benefit the city of California City. The council voted to accept these funds for these specific projects.

After identifying requests and needs from the city departments, AES selected several worthy projects and capital items to donate funds towards to make a positive community impact and bring a community benefit to California City. AES donated $95,000.00 to the city to replace the aged air conditioning units at the Police station. This restricted donation would replace two (2) 7.5-ton units, two (2) 5-ton units, and two (2) 4-ton units for a total of six (6) units to include all parts, labor, taxes, crane service, duct pressure tests, and balance check. Additionally, it covers two (2) 3-ton, multi-head mini-splits systems for the Police department gym.
3 2
City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ______
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ___x___
Staff received three competitive bids and JLC Air had the lowest bid at $67,850.00 for HVAC units and $7,580.00 for multi-head mini-split systems, for a total of $75,430.00. This leaves $19,570 to be utilized towards other AES-approved projects as defined in the accepted restriction to the funds.

FISCAL IMPACT:

This restricted donation of funds to the city is accounted for in GL 60-6000-752 (Restricted Donations Fund). The fiscal impact of the city spending the previously accepted donation would be a reduction of general fund liability by the police department through the replacement of aging and costly HVAC units and multi-head mini-split systems, an overall reduction in maintenance costs for the city, and a potential reduction in city risk and liability.

RECOMMENDATION:

Staff recommends Council authorize the City Manager to sign a contract with JLC Air for the HVAC unit replacements at the Police Department for the amount of $75,430.00. This amount is well under the provided $95,000, allowing leftover funds to be used for other approved projects.

ENVIRONMENTAL IMPACT:

None
ATTACHMENTS:

A. JLC Air, quote $67,850.00 – HVAC Units // $7,580.00 – Multi-head mini-split system B. Reliable Air Condition & Heating, quote $93,750.00 – HVAC Units // $9,250.00– Multi-head mini-split system
C. Econo West, quote $80,764.00 -- HVAC Units // $8,710.12– Multi-head mini-split system D. Resolution #24- 3068
JLC Air does not require deposits and we do not ask for payment through Zelle or Venmo. If you do get a request contact us immediately.

JLC Air
2330 West Avenue L
Lancaster, CA 93536
(661) 264-0110/726-7009
[email protected]
License #963378

PROPOSAL
December 5, 2024
We hereby propose to install the following for California City Police Department, property located at 21130 Hacienda Blvd., California City, CA., 93505 (760) 373-8606:

Installation:
 (2) 7.5 Ton Daikin Package units
 (2) 5Ton Daikin Package Units
 (2) 4Ton Daikin Package Units
 Disconnects for all units
 Condensate
 Electrical
 Low volt
 Gas Flex
 Crane
Total including tax, labor, materials: $67,850.00
*Proposal is valid for (30) days*
*The following service(s) are specifically not included in cost: City permits (if needed), inspections, extended warranty, repair costs of equipment, high low voltage wiring any construction type of work. *Warranties are on equipment only. Warranty does “NOT” cover clogged condensate, dry wall repair, or roof repair.

Customer will be charged service call fee if it’s not covered under warranty JLC Air will cover a 90 day workmanship warranty.

JLC Air’s proposal/agreement does not cover removal or Abatement on any asbestos material.

JLC Air shall not be held liable for damages resulting from use and/or service of equipment unless directly caused by neglect or fault of JLC Air.

Does not cover refrigerant / leak repairs
Does not cover welding
Does not cover water damage
Financing is available. You may apply at: https://www.enhancify.com/jlc-air “If you think hiring a professional is expensive, wait until you hire an amateur!" Respectfully Submitted,
Cliff Shaw, JLC Air
Approved By: ______________________________________________ Print Name: ____________________________ Date: _______________ $1,468.82/mo
Not Applied
Your Price: $80,764.00
Description Qty Price
Introduction
Thank you very much for this opportunity to participate in project. Econo West Inc. is a full service Heating, Ventilation, Air Conditioning and Plumbing Company. Econo West will
match or beat any licensed contractor’s price with our low price policy.

Scope of work includes the removal and proper offsite
disposal of existing HVAC equipment in compliance with EPA 608 regulations, and the new installation of a all new
heating, ventilation, and air conditioning system to service occupied area in compliance with new mechanical and
plumbing codes .

This bid proposal and contract Includes all the following:

Replacement of 6 original units [ oldest units on building] Manufacturers brand : ICP Divicion of Carrier Corporation.

Model : Day and Night
5 year parts warranty
3 years labor guarantee
1 $0.00
Commercial RTU Replacement
Existing equipment model: 48LJD007630
Proposed equipment replacement model: IRGV072LDFA0AAA
direct replacement 460v 3 phase commercial grade rtu
3 phase electrical integration with commercial grade service disconnect box
Drain System integration with performance modification
Gas supply line integration with code modification
New air seal gasket for supply and return air plenums
Fema approved earthquake seismic straps
Sustem start up and electrical phase commissioning
4 $55,824.00
Econo West Inc.

Antelope Valley, Santa Clarita & Central
Coast
Corp. Office 42332 1/2 10th Street West
T:800.248.5065
Lancaster, CA 93534

PROPOSAL
Presented to:

POLICE DEPARTMENT
21130 Hacienda Blvd
California City, CA 93505
Job # 316336
Job Name 1O UNIT ESTIMATE
Proposal # P-316336-2
Technician Cody Dunbar
Issue Date Dec 04 2024
Customer Contact:

M: (760) 373-7155
E: [email protected]
Service Location:
21130 Hacienda Blvd
California City, CA 93505
Contact Us: (800) 248-5065 [email protected] www.econowestair.com Review and Sign
Your Price $80,764.00
Commercial Rtu Replacement
Existing equipment model: 48TJ005-6
Proposed equipment Replacement model:

IRGV048LGFA0AAA
direct replacement 460v 3 phase commercial grade rtu
3 phase electrical integration with commercial grade service disconnect box
Drain System integration with performance modification
Gas supply line integration with code modification
New air seal gasket for supply and return air plenums
Fema approved earthquake seismic straps
Sustem start up and electrical phase commissioning
2 $24,940.00

ATTENTION
This bid does not include smoke detectors or fresh air
econmizers. This bid is for direct replacement only.

Smoke detectors and fresh air economizers can be added by request at additional costs
1 $0.00

PRICE MATCH GUARANTEE

ECONO-WEST HAS A PRICE MATCH GUARANTEE FOR ALL
NEW EQUIPMENT QUOTES. IF YOU FIND A LOWER PRICE

FROM A LICENSED CONTRACTOR, PRESENT THE QUOTE TO
YOUR TECHNICIAN OR THE SERVICE MANAGER.
1 $0.00
Description Qty Price
Financing Available:
4012 - 12.99% APR,84 Months (Max)
Customer Approval:
☐ I understand I must be approved for financing to receive the monthly payment option. I accept this proposal and agree to the terms and conditions.

Contract Terms:

WARRANTY
Lifetime Parts with One Year Labor - Repairs Only

1. SCOPE OF WORK. CONTRACTOR, shall furnish, in a good and workmanlike manner according to local industry standards, only the specifically listed labor, equipment and materials to do the above described work listed under

DESCRIPTION OF THE PROJECT AND DESCRIPTION OF ALL OF THE MATERIALS TO BE USED AND EQUIPMENT TO BE INSTALLED. Any work which is not specifically identified and listed shall be considered extra work, including, but not limited to: repair, removal or replacement of condensation, plumbing or drain lines; roof conditions or material or flashing repair, removal or replacement -CONTRACTOR is not responsible for any leaks in roofing system either before or after its work-; concrete work -including pad-repair, removal, or replacement; insulation repair, removal or replacement; drywall repair, removal or replacement; painting; electrical work or electrical rewiring of any kind; ductwork repair, removal or replacement; gas line repair, removal or replacement; building permits -shall be supplied by CUSTOMER unless specifically listed-, engineering, fees, testing, or surveying; removal or replacement of any items required to gain access to the HVAC system -except removal & replacement of existing attic or HVAC access door. if applicable-; stucco or siding Estimated Monthly Payment $1,468.82
*subject to credit approval
Loan Amount: $80,764.00
Contact Us: (800) 248-5065 [email protected] www.econowestair.com repair, removal or replacement; belt removal or replacement ; or repair, removal or replacement of any items not specifically listed in DESCRIPTION OF THE PROJECT AND DESCRIPTION OF ALL OF THE MATERIALS TO BE USED AND EQUIPMENT TO BE INSTALLED.

2. SITE CONDITIONS. CUSTOMER acknowledges that this CONTRACT is based upon existing readily observable site conditions. Therefore CUSTOMER acknowledges that conditions may vary based upon further information and conditions which could not be known by a reasonable inspection by CONTRACTOR, such as termite damage, hidden water damage or water damage of any kind, hidden code violations, or other concealed conditions, are considered EXTRA WORK and may require extra labor or materials, which are not part of this CONTRACT. If such conditions are discovered, CONTRACTOR will advise CUSTOMER
of those conditions. CUSTOMER shall provide all access to HVAC System to CONTRACTOR. CUSTOMER further represents to CONTRACTOR that it has title to the property or is authorized by owner of the property to perform the existing SCOPE OF WORK. CUSTOMER will, at all times, allow free access to work areas for workers and vehicles and will allow areas for the storage of materials and debris. CUSTOMER also represents and warrants to CONTRACTOR that it maintains property damage insurance related to the property.

3. RIGHT TO STOP WORK. CONTRACTOR may stop work if any dispute occurs between CONTRACTOR and CUSTOMER regarding EXTRA WORK or if any payments -including progress payments are not made per the terms and conditions of this CONTRACT. CUSTOMER agrees that should CONTRACTOR stop work then CUSTOMER shall immediately pay CONTRACTOR for the reasonable value -as determined by CONTRACTOR per invoice- of the work then performed.

4. FINAL PAYMENT WAIVES CLAIMS. The CUSTOMER by making the final payment under this CONTRACT waives any claims that it may have against CONTRACTOR for damages for defects that are known or reasonably should be known by reasonable inspection at the time final payment is made.

5. LIMITATIONS ON LIABILITY. THE CONTRACTOR AND CUSTOMER HAVE FULLY NEGOTIATED THIS CONTRACT AND

THIS CLAUSE AND AGREE IN RECOGNITION OF THE RELATIVE RISKS & BENEFITS TO BOTH CONTRACTOR AND CUSTOMER,

THE RISKS HAVE BEEN ALLOCATED SUCH THAT THE CUSTOMER AGREES, TO THE FULLEST EXTENT PERMITTED BY LAW,

TO LIMIT THE LIABILITY OF THE CONTRACTOR TO THE CUSTOMER FOR ANY AND ALL CLAIMS, LOSSES, COSTS, DAMAGES

OR ANY NATURE WHATSOEVER OR CLAIMS EXPENSES FROM ANY CAUSE OR CAUSES, INCLUDING CLAIMS FOR ATTORNEY

FEES, COSTS, AND EXPERT WITNESS FEES AND COSTS, SO THAT THE TOTAL AGGREGATE LIABILITY OF THE CONTRACTOR TO THE CUSTOMER SHALL NOT EXCEED $ I 0,000.00, OR THE CONTRACTOR'S TOTAL CONTRACT PRICE, WHICHEVER IS GREATER. IT IS INTENDED BY CONTRACTOR AND CUSTOMER THAT THIS LIMITATIONS APPLIES TO ANY AND ALL LIABILITY,

CA USE OR CAUSES, WHETHER IN EQUITY OR IN LAW, HOWEVER ALLEGED OR ARISING, TO THE MAXIMUM EXTENT PERMITTED.

6. PAYMENTS: Payment shall be made immediately by CUSTOMER upon invoice by CONTRACTOR. If any invoice is not paid when due, interest will be added to and payable on all overdue amounts at 18% per year, or the maximum percentage allowed under applicable laws. CUSTOMER shall pay all costs of collection of past due invoices including reasonable attorney fees and costs incurred by CONTRACTOR.

7. NOTE ABOUT EXTRA WORK AND CHANGE ORDERS. Should the CUSTOMER direct any modifications or additions to the work to be performed by CONTRACTOR, the CONTRACTOR shall perform the extra work as modified and the CONTRACT PRICE shall be adjusted upwards accordingly and CUSTOMER agrees to pay for any extra work performed by CONTRACTOR. Additions to or modifications to the WORK shall be done only upon written change order, signed by both CONTRACTOR and CUSTOMER. CUSTOMER agrees that all of the CONTRACTS terms and conditions, including these GENERAL TERMS AND CONDITIONS shall be included for any and all extra or change order work. In the event of dispute over extra work CUSTOMER agrees to pay CONTRACTOR the reasonable value of the extra work performed. Extra Work and Change Orders become part of the CONTRACT once the order is prepared in writing and signed by the parties prior to the commencement of any work covered by the new change order. The order must describe the scope of the extra work or change, the cost to be added to or subtracted from the CONTRACT, and the effect the order will have on the schedule of progress payments.

8. DELAYS. The APPROXIMATE START DATE AND APPROXIMATE END DATE will be extended and the CONTRACTOR shall be excused for any delay caused by acts of God, inclement weather, acts of CUSTOMER or CUSTOMER'S agents, labor troubles, extra work, failure of CUSTOMER to make payments when due, and any and all other contingencies unforeseen to CONTRACTOR and beyond the reasonable control of CONTRACTOR.

9. WARRANTIES. CONTRACTOR shall install all materials and labor in a good and workmanlike manner. CONTRACTOR shall provide CUSTOMER with any manufacturer's warranties. The CUSTOMER is limited to the manufacturer's warranties -unless an extended warranty has been purchased- for defects in the manufacture of equipment, components and materials. All CONTRACTOR warranties are limited to a period of no more than 30 DAYS, unless otherwise explicitly stated in the invoice line item's description and/or customer notes section. CONTRACTOR'S warranties are limited to the cost of labor and materials only, exclude ordinary wear and tear or abuse by others or damages to additional equipment or Contact Us: (800) 248-5065 [email protected] www.econowestair.com materials not installed by CONTRACTOR.

10. ARBITRATION. Any controversies or disputes arising out of or relating to this CONTRACT or any other dispute between CONTRACTOR and CUSTOMER, whether based in law or equity, shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with the then-current Construction Industry Arbitration Rules of the American Arbitration Association. The arbitrator/s shall not have the authority to modify any provision of this Contract or to award any consequential or punitive damages. The arbitrator/s shall have the power to issue discovery or other mandatory orders and restraint orders in connection with the arbitration. The decision rendered by the arbitrator/s shall be final and binding on the parties, and judgment may be entered in conformity with the decision in any Court having jurisdiction thereof.

11. ENTIRE AGREEMENT. This CONTRACT contains the entire agreement of the parties, and there are no other promises or conditions in any other agreement whether oral or written concerning the subject matter of this CONTRACT. This CONTRACT supersedes any prior written or oral agreements between the parties.

12. SEVERABILITY. If any provision of this CONTRACT will be held to be invalid or unenforceable for any reason, the remaining provisions will continue to be valid and enforceable. If a court finds that any provision of this CONTRACT is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision will be deemed to be written, construed, and enforced as so limited.

13. GOVERNING LAW/VENUE. This CONTRACT shall be construed in accordance with the laws of the State of California.

This CONTRACT is entered into Lancaster, CA and venue shall be in the Superior Court of California-Antelope Valley Courthouse.

14. WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this Contract shall not be construed as a waiver or limitation of that party's right to subsequently enforce and compel strict compliance with every provision of this Contract.

15. COMMUNICATIONS. By accepting the terms of this agreement and/or moving forward with the work listed, you agree to receive marketing communications from CONTRACTOR. You can opt-out at any time by speaking with your technician or reaching out to the corporate office 800-248-5065. An 'unsubscribe' link will also be present on digital marketing communications.

16. FREON. Freon-related issues are excluded from all warranties. This exclusion applies to any HVAC units or systems under warranty, and no claims pertaining to Freon will be covered. To maintain warranty eligibility for other components, it is imperative to adhere to recommended maintenance schedules and guidelines.

Contact Us: (800) 248-5065 [email protected] www.econowestair.com

Page 1 ends

RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY, CALIFORNIA, DIRECTING THE
PURCHASE AND INSTALLATION OF SIX (6) HVAC UNITS
(HEATING AND VENTILATION AND AIR CONDITIONING) FOR
THE POLICE DEPARTMENT AND TWO (2) 18,000 BTU HEADS
MINI SPLIT SYSTEM FOR THE POLICE DEPARTMENT’S GYM,

UTILIZING THE RESTRICTED COMMUNITY BENEFIT

DONATION FUNDS FROM AES CLEAN ENERGY
The City Council of the City of California City (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS AES Clean Energy Corporation has become a partner in developing California City with the development of a green energy solar field project within the City of California City; and,
WHEREAS, AES Clean Energy Corporation has made a positive community impact by supporting multiple City of California City projects and capital improvements through a fiscal donation to the City; and,
WHEREAS, at the request of AES Clean Energy Corporation, these funds must be used solely for the City projects and City capital outlined in their donation request; and, WHEREAS, AES allocated $95,000.00 to replace the Police Department HVAC units and the department’s gym multi head mini split system; and, WHEREAS, JLC Air had the most competitive bid at $75,430.00 which is under the allocated $95,000.00 donated by AES; and
WHEREAS any additional unused donated funds may be utilized to support any of the approved projects by way of maintenance, warranty, supporting equipment, upfitting, or training required to fulfill the project or capital acquisition goals for the above-approved donation.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE

CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA THAT THE CITY MANAGER IS DIRECTED TO PURCHASE THE SIX (6) NEW HVAC UNITS AND TWO (2) MULTI-HEAD MINI SPLIT SYSTEMS FOR THE DEPARTMENT GYM FROM JLC AIR FOR $75,430.00 FOR THE BENEFIT OF THE COMMUNITY AND THE SAFETY OF THE CALIFORNIA CITY POLICE DEPARTMENT.
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PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City, this 9th day of December 2024.
__________________________
Kelly Kulikoff,
Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Leanndrea Weible Victor M. Ponto,
Acting City Clerk City Attorney
[THIS SPACE INTENTIONALLY LEFT BLANK]

Page 3 ends

CERTIFICATION
I, Leanndrea Weible, Acting City Clerk of the City of California City, California, hereby certify that the foregoing resolution was duly adopted at a meeting of the City Council of said City at its meeting held on the 9th of December 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of California City, California, this ______ day of December 2024. __________________________
Leanndrea Weible
Acting City Clerk
1 ITEM NO. NB

COUNCIL AGENDA ITEM
December 9, 2024
TO: Mayor and City Council
FROM: Dr. Justin Vincent, Director of Public Safety
SUBJECT:

Purchase of Police Department, Code Enforcement, and Building department vehicles utilizing previously accepted restricted community benefit funding from AES Green Energy Corporation.

BACKGROUND/ DISCUSSION:

AES Green Energy Corporation is currently building a large green energy solar project in the Southern portion of the California City limits known as Bellefield 2. As part of their business model and organizational values, AES always strives to become an active member of every community that it comes into and works hard to make lasting positive community impacts through involvement and donations to both local non-profits and local government. Their company values encourage the organization to not only develop infrastructure and businesses within communities but to become an active member in their community through local partnerships and donations where applicable.

Since AES began its project in California City, they have been an active partner, seeking out opportunities to positively impact the lives of California City residents. They have already donated to the California City local non-profit, Safe Haven. AES provided a donation to their Back-to-School Backpack, Job Fair, and Community Resources Giveaway. They have already pledged to donate to their 2nd Annual Resource Spectacular (Thanksgiving) Event in November 2024 and to their Annual Holiday Toy Giveaway in December 2024. Since coming to Kern County, AES has also made major financial donations to Goodr Foundation Pop-up Market Food Activation in Mojave, the East Kern Family Resource Center, the Kern Economic Development Foundation, and the Kern County Superintendent of Schools for East Kern Career Expo. On November 4th, 2024, AES came before the City Council and presented a donation of 2.7 million dollars to the city to be used for several identified specific purchases to benefit the city of California City. The council voted to accept these funds for these specific projects.

After identifying requests and needs from the city departments, AES selected several worthy projects and capital items to donate funds towards to make a positive community impact and bring a community benefit to California City. AES donated the following amounts to the following restricted capital acquisitions for the police department, code enforcement, and the building department.
2 2
Dept Qty Description Cost
Building 1 Ford Ranger truck 45,000
CE 2 Ford Ranger Truck with graphics and amber light package 100,000 PD 2 Ford F150 Pursuit package w/ graphics and upfit 160,000 PD 2 Chevrolet Tahoe SSV Pursuit Package w/ graphics and upfit
180,000
PD 3 Ford Explorer Pursuit package w/ graphics and upfit 228,000 It is AES’s intention that their donation be restricted to the above projects and acquisitions.

AES has agreed that any additional unused donated funds may be utilized to support any of the approved projects by way of funding, maintenance, warranty, supporting equipment, upfitting, or training that may be required to fulfill the project or capital acquisition goals for the approved donation.

As a community and as a city, it is vital that we continue to foster strong working partnerships with our developers to continue to grow our community. AES has proven that they intend to not only bring development projects to California City but that they intend to be part of our community and support our city as we work to grow and prosper. Staff is extremely humbled by the generosity of AES and fully recommends that the city council approve the acquisition of the following vehicles in line with the intended donation from AES to enhance and elevate the services provided by the city to the public.
(3) AWD Ford Explorer Police Interceptor Vehicles
The California City Police Department needs to upgrade its patrol fleet as soon as possible. The current fleet consists of high mileage vehicles with constant mechanical issues, which has resulted in an unreliable and unsafe fleet for the police department. AES Solar has made a restricted funds donation to the city to replace three current high-mileage police cars with three AWD Ford Explorers. The council accepted these restricted funds on 11/4/2024, in the amount of $228,000.00.

This funding allows the city to proceed with the cash acquisition of three AWD Ford Explorer Interceptor vehicles with full upfit for the police department. The police department has acquired multiple updated quotes to competitively bid this large purchase and recommends that the city strongly consider choosing the bid with the fastest turnaround time, due to the current state of the police department fleet. The quickest options to choose from are from Dana Safety or Utilitac Equipment and Upfitters, who both provide turnkey vehicle acquisition versus purchasing a vehicle and upfitting it is utilizing different vendors. The bid for three 2024 AWD Ford Explorer Interceptor vehicles with taxes, shipping, and full upfit from Utilitac Equipment and Upfitters is $221,978.49. These would have a 90–120-day turnaround time from the time the order is placed.
3 The second turnkey option has a 5–6-month turnaround time and is from Dana Safety Supply Inc. in Greensboro, North Carolina. The quoted price for the three 2023 Ford Explorer Pursuit Interceptor vehicles upfitted from Dana Safety is $210,957.03, including shipping. Taxes will be paid directly to the state when the vehicles are registered at the DMV. This amount does not also include the cost of the addition of the locking rifle/shotgun racks or the custom decals for the vehicles. These vehicles are also brand new but one year older than the quoted 2024 Explorers from Utilitac. For these reasons and the overall price per unit, it is recommended that the city proceed with Utilitac Equipment and Upfitters for the fastest and most economical acquisition of five patrol vehicles.

The police department also received separate quotes for patrol vehicles, without any upfit, from separate dealerships. Phil Long Ford quoted a cost of $52,570.00 with taxes, per AWD 2024 Ford Explorer Interceptor patrol vehicles. Additionally, Jim Burke Ford provided a quote for five 2025 Ford Explorer Interceptor vehicles at $45,700.00 including taxes per vehicle. The drawback to this order of 2025 units is that the city would not receive these units by the middle of Spring 2025 and then they would still need to be upfitted at our local upfitter at over $20,000 a unit.

The local upfitter, West Coast Lights and Sirens, that the city uses is greatly delayed in its capability to assist California City due to a large back-up in orders. On June 12th, 2024, Mitchel Gonzalez with West Coast Lights and Sirens emailed the Fire Chief and stated that they are five to six months out from the time of submitting a purchase order on being able to accept a vehicle for upfit. Once they receive vehicles it is 90 to 120 days until they are complete. This delay would result in the city acquiring the new emergency vehicles, which will sit in the parking lot, unused, for half a year. Then having to wait 90-120 days for the upfitting process, delaying the use of the newly acquired vehicles to 9-12 months.

Staff recommends that the city council approves the purchase of three turnkey 2024 Ford Explorer Interceptors with full emergency response upfitting from Utilitac Equipment and Upfitters at a total cost including shipping and taxes of $ 221,978.49. 4 (2) Ford F-150 Police Interceptor Vehicles
The California City Police Department needs upgrading its patrol fleet as soon as possible. The current fleet consists of high mileage vehicles with constant mechanical issues, which has resulted in an unreliable and unsafe fleet for the police department. AES Solar has made a restricted funds donation to the city to replace two of the current high-mileage police vehicles with two Ford F-150’s. The council accepted these restricted funds on 11/4/2024, in the amount of $160,000.00.

This funding allows the city to proceed with the cash acquisition of two Ford F-150 Interceptor vehicles with full upfit for the police department. The police department has acquired multiple updated quotes to competitively bid on this large purchase and recommends that the city strongly consider choosing the bid with the fastest turnaround time, due to the current state of the police department fleet. The quickest option to choose from is Utilitac Equipment and Upfitters, which provides turnkey vehicle acquisition versus purchasing a vehicle and upfitting it is utilizing different vendors. Additionally, they are currently building the rest of the police department's fleet that is on order. The bid for the two 2024 Ford F-150 Interceptor vehicles with taxes, shipping, and full upfit from Utilitac Equipment and Upfitters is $164,859.76. These would have a 90–120-day turnaround time from the time the order is placed.

For these reasons and the overall price per unit, it is recommended that the city proceed with Utilitac Equipment and Upfitters for the fastest and most economical acquisition of two patrol vehicles.
5 The police department also received separate quotes for patrol vehicles, without any upfit, from separate dealerships. Phil Long Ford quoted a cost of $58,350.00 with taxes, per 2024 Ford F-150 Interceptor patrol vehicle. Additionally, Jim Burke Ford provided a quote for a 2025 Ford F-150 Interceptor vehicle at $53,171.26, including taxes, per vehicle. The drawback to this order of 2025 units is that the city would not receive these unit the middle of Summer 2025 and then they would still need to be upfitted at our local upfitter at over $20,000 a unit.

The local upfitter, West Coast Lights and Sirens, that the city uses is greatly delayed in its capability to assist California City due to a large back-up in orders. On June 12th, 2024, Mitchel Gonzalez with West Coast Lights and Sirens emailed the Fire Chief and stated that they are five to six months out from the time of submitting a purchase order on being able to accept a vehicle for upfit. Once they receive vehicles it is 90 to 120 days until they are complete. This delay would result in the city acquiring the new emergency vehicles, which will sit in the parking lot, unused, for half a year. Then having to wait 90-120 days for the upfitting process, delaying the use of the newly acquired vehicles to 9-12 months.

Staff recommends that the city council approve the purchase of two turnkey 2024 Ford F150 Interceptors with full emergency response upfitting from Utilitac Equipment and Upfitters at a total cost including shipping and taxes of $ 164,859.76. 6 (2) Chevrolet Tahoe SSV Police Interceptor Vehicles
The California City Police Department needs upgrading its patrol fleet as soon as possible. The current fleet consists of high mileage vehicles with constant mechanical issues, which has resulted in an unreliable and unsafe fleet for the police department. AES Solar has made a restricted funds donation to the city to replace two of the current high mileage police vehicles with two Chevrolet Tahoe SSV Police Interceptor vehicles. The council accepted these restricted funds on 11/4/2024, in the amount of $180,000.00.

This funding allows the city to proceed with the cash acquisition of two Chevrolet Tahoe SSV Interceptor vehicles with full upfit for the police department. The police department has acquired multiple updated quotes to competitively bid on this large purchase and recommends that the city strongly consider choosing the bid with the fastest turnaround time, due to the current state of the police department fleet. The quickest option to choose from is Utilitac Equipment and Upfitters, which provides turnkey vehicle acquisition versus purchasing a vehicle and upfitting it is utilizing different vendors. Additionally, they are currently building the rest of the police department's fleet that is on order. The bid for the two 2024 Chevrolet Tahoe SSV Interceptor vehicles with taxes, shipping, and full upfit from Utilitac Equipment and Upfitters is $179,623.68. These would have a 90–120-day turnaround time from the time the order is placed.

For these reasons and for the overall price per unit, it is recommended that the city proceed with Utilitac Equipment and Upfitters for the fastest and most economical acquisition of two patrol vehicles.

The police department also received separate quotes for patrol vehicles, without any upfit, from separate dealerships. Antelope Valley Chevrolet quoted a cost of $65,696.00 with taxes, per 2024 Chevrolet Tahoe SSV Interceptor patrol vehicle. Additionally, Quality Chevrolet provided a quote for a 2025 Chevrolet Tahoe SSV Interceptor vehicle at $68,445.00, including taxes, per vehicle. The drawback to this order of 2025 units is that the city would not receive these units by the middle of Spring 2025 and then they would still need to be upfitted at our local upfitter at over $20,000 a unit.
7 The local upfitter, West Coast Lights and Sirens, that the city uses is greatly delayed in its capability to assist California City due to a large back-up in orders. On June 12th, 2024, Mitchel Gonzalez with West Coast Lights and Sirens emailed the Fire Chief and stated that they are five to six months out from the time of submitting a purchase order on being able to accept a vehicle for upfit. Once they receive vehicles it is 90 to 120 days until they are complete. This delay would result in the city acquiring the new emergency vehicles, which will sit in the parking lot, unused, for half a year. Then having to wait 90-120 days for the upfitting process, delaying the use of the newly acquired vehicles to 9-12 months.

Staff recommends that the city council approve the purchase of two turnkey 2024 Chevrolet Tahoe SSV vehicles with full emergency response upfitting from Utilitac Equipment and Upfitters at a total cost including shipping and taxes of $ 179,623.68. 8 (2) Ford Ranger XL Code Enforcement Vehicles
The California City Code Enforcement Department needs upgrading its fleet as soon as possible.

The current fleet consists of a permanently out of service 2009 Ford Escape Hybrid SUV that is not fixable, and a second-hand 2007 Ford F-150 from the police department with several mechanical issues and 179,000 miles on it. This has resulted in an unreliable and unsafe fleet for the code enforcement department. AES Solar has made a restricted funds donation to the city to replace the two code enforcement vehicles with two upfitted Ford Rangers. The council accepted these restricted funds on 11/4/2024, in the amount of $100,000.00.

This funding allows the city to proceed with the cash acquisition of two Ford Ranger SLT models with limited amber light upfit, a communications radio install, and vehicle graphics for the code enforcement department. Staff has acquired multiple updated quotes to competitively bid on this purchase and recommends that the city strongly consider choosing the bid with the fastest turnaround time, due to the current state of the code enforcement department’s fleet. The quickest option to choose from is Utilitac Equipment and Upfitters, which provides turnkey vehicle acquisition versus purchasing a vehicle and upfitting it is utilizing different vendors.

Additionally, they are currently building the rest of the city’s police and fire department’s fleet that is on order. The bid for the two 2024 Ford Ranger XL vehicles with taxes, shipping, and full upfit from Utilitac Equipment and Upfitters is $101,538.07. These would have a 90–120-day turnaround time from the time the order is placed.

For these reasons and the overall price per unit, it is recommended that the city proceeds with Utilitac Equipment and Upfitters for the fastest and most economical acquisition of two upfitted code enforcement vehicles.

Staff has also received separate quotes for code enforcement vehicles, without any upfit, from separate dealerships. Jim Charlon Ford quoted a cost of $35,750.00, per 2024 Ford Ranger XL vehicle. Additionally, Jim Burke Ford provided a quote for a 2024 Ford Ranger XL vehicle at $34,510.00, per vehicle. The drawback to this order is that they would still need to be upfitted at our local upfitter at over $15,000 a unit.
9 The local upfitter, West Coast Lights and Sirens, that the city uses is greatly delayed in its capability to assist California City due to a large back-up in orders. On June 12th, 2024, Mitchel Gonzalez with West Coast Lights and Sirens emailed the Fire Chief and stated that they are five to six months out from the time of submitting a purchase order on being able to accept a vehicle for upfit. Once they receive vehicles it is 90 to 120 days until they are complete. This delay would result in the city acquiring the new emergency vehicles, which will sit in the parking lot, unused, for half a year. Then having to wait 90-120 days for the upfitting process, delaying the use of the newly acquired vehicles to 9-12 months.

Staff recommends that the city council approves the purchase of two turnkey 2024 Ford Ranger SLT vehicles with limited amber emergency lighting upfitting, radio, and graphics, from Utilitac Equipment and Upfitters at a total cost including shipping and taxes of $101,538.07.
10 (1) Ford Ranger XLT for the Building Department
The California City Building Department needs to upgrade its assigned vehicle for onsite inspections as soon as possible. The current Building department vehicle is a 2007 Toyota Prius with 115,614 miles which is in very poor condition. AES Solar has made a restricted funds donation to the city to replace the current high mileage building department vehicles with a new Ford Ranger pickup truck. The council accepted these restricted funds on 11/4/2024, in the amount of $45,000.00.

This funding allows the city to proceed with the cash acquisition of a new Ford Ranger pickup truck for the building department. Staff has acquired multiple updated quotes to competitively bid on this purchase and recommends that the city choose the lowest and most competitive local bid. Staff received a bid for a 2024 Ford Ranger XLT that is immediately available on the lot at Ford of Upland in Upland with an out-the-door quote with taxes included at $46,968.50.

Staff also received separate quotes from other Ford dealerships. Jim Burke Ford quoted a cost of $48,095.11, with taxes. Additionally, Diamond Ford provided a quote for $48,186.18, including taxes.

Staff recommends that the City Council approve the purchase of a 2024 Ford Ranger XLT from Ford of Upland at a total cost including taxes of $ 46,968.50.

FISCAL IMPACT:

This restricted donation of funds to the city is accounted for in GL 60-6000-752 (Restricted Donations Funds). The fiscal impact of the city spending the previously accepted donation would be a reduction of general fund liability across the police department, code enforcement department, and building department through the replacement of an aging and costly capital fleet, an overall reduction in maintenance costs for the city, and a potential reduction in city risk and liability.
11 RECOMMENDATION:

Staff recommends that the City Council approve the purchase of identified vehicles for the police department, code enforcement, and the building department in line with the restricted donation of funds via the attached resolution as requested by AES and to direct the City Manager to fulfill the terms of purchasing and payment for the identified vehicles to elevate the quality of life for the residents of California City.

ATTACHMENTS:

A. Utilitac – (3) 2025 Ford Explorers, $221,978.49
B. Utilitac – (2) 2024 Ford F-150, $164,859.76
C. Utilitac – (2) 2024 Chevy Tahoe SSV, $179,623.68
D. Utilitac – (2) 2024 Ford Ranger – XL, $101,538.07
E. Ford of Upland – (1) 2024 Ford Ranger XLT, 46,968.50 F. Resolution # 24-
G. Resolution # 24-
H. Resolution # 24-
I. Resolution # 24-
J. Resolution # 24-
3067
3067A
3067B
3067C
3067D

Page 1 ends

RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY, CALIFORNIA, DIRECTING THE

PURCHASE VEHICLES FOR THE POLICE DEPARTMENT,

CODE ENFORCEMENT, AND BUILDING DEPARTMENT

UTILIZING THE RESTRICTED COMMUNITY BENEFIT

DONATION FUNDS FROM AES CLEAN ENERGY
The City Council of the City of California City (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS AES Clean Energy Corporation has become a partner in developing California City with the development of a green energy solar field project within the City of California City; and,
WHEREAS, AES Clean Energy Corporation has made a positive community impact by supporting multiple City of California City projects and capital improvements through a fiscal donation to the City; and,
WHEREAS, at the request of AES Clean Energy Corporation, these funds must be used solely for the City projects and City capital outlined in their donation request; and, WHEREAS, restricted funds in the amount of, $713,000, were donated by AES Clean Energy Corporation to be used solely for the City projects and City capital outlined in their donation request; and
WHEREAS, the vehicles to purchase will replace the vehicles that have met or exceeded the city’s maintenance, age, and/or mileage requirements; and WHEREAS, the City of California has procured a quote from Utilitac to provide three (3) new Ford Explorer Pursuit units for the Police department, by the competitively bid purchase for a total estimated cost of $221,978.49;
WHEREAS, the City of California has procured a quote from Utilitac to provide two (2) new Ford F-150 Pursuit units for the Police department, by the competitively bid purchase for a total estimated cost of $164,859.76;
WHEREAS, the City of California has procured a quote from Utilitac to provide two (2) new Chevy Tahoe SSV units for the Police department, by the competitively bid purchase for a total estimated cost of $179,623.68;
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WHEREAS, the City of California has procured a quote from Utilitac to provide two (2) new Ford Ranger XL for the Code Enforcement department, by the competitively bid purchase for a total estimated cost of $101,538.07.

WHEREAS, the City of California has procured a quote from Ford of Upland to provide one (1) new Ford Ranger XLT for the Building department, by the competitively bid purchase for a total estimated cost of $46,968.50.

WHEREAS any additional unused donated funds may be utilized to support any of the approved projects by way of maintenance, warranty, supporting equipment, upfitting, or training required to fulfill the project or capital acquisition goals for the above-approved donation.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE

CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA THAT THE CITY

MANAGER IS DIRECTED TO PURCHASE VEHICLES FOR THE POLICE

DEPARTMENT, CODE ENFORCEMENT, AND BUILDING DEPARTMENT AT AN ESTIMATED COST OF $714,968.20 FOR THE BENEFIT OF THE COMMUNITY AND

THE SAFETY OF THE CALIFORNIA CITY POLICE DEPARTMENT, CODE ENFORCEMENT, AND BUILDING DEPARTMENT.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City, this 9th day of December 2024.
__________________________
Kelly Kulikoff,
Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Leanndrea Weible Victor M. Ponto,
Acting City Clerk City Attorney

Page 3 ends

[THIS SPACE INTENTIONALLY LEFT BLANK]

CERTIFICATION
I, Leanndrea Weible, Acting City Clerk of the City of California City, California, hereby certify that the foregoing resolution was duly adopted at a meeting of the City Council of said City at its meeting held on the 9th of December 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of California City, California, this ______ day of December 2024. __________________________
Leanndrea Weible
Acting City Clerk
1 Item No. NB____

COUNCIL AGENDA ITEM
December 9, 2024
TO: Mayor and City Council
FROM: Dr. Justin Vincent, Director of Public Safety
SUBJECT: Police Department and Fire Department Surplus Declaration/Disposition BACKGROUND/ DISCUSSION:

The Police Department and the Fire Department have currently identified seven vehicles, a Fire engine, and an air compressor that have exceeded their service life and are no longer needed by the departments.

Most of the vehicles and equipment require extensive repairs, require destruction to fulfill grant requirements, are no longer used, and/or are too costly to overhaul. The vehicles and equipment on this list are:
• PD Unit 328, 2011 Ford Crown Vic, with 163,938 miles
• PD Unit 310, 2011 Ford Crown Vic, with 232,976 miles
• PD Unit 384, 2006 Ford Expedition, with 109,500 miles • PD Unit 314, 2006 Ford Crown Vic, with 182,386 miles
• PD Unit 327, 2011 Ford Crown Vic, with 121,704 miles, totaled in a collision • FD Mako Air Compressor Trailer
• FD Unit #526, 2011 Ford Expedition XL, with 288,644 miles, surplus but will be donated to another FD. • FD Engine Seagrave, surplus but destroyed per Carl Moyer Grant. • FD 2006 Ford Expedition, with 138,867 miles
Selling the vehicles at auction in an “as is” condition at a City Surplus Auction would allow our department to get rid of these vehicles and make room for operable vehicles. The donation of the out-of-service 2011 Ford Expedition Fire vehicle to Yermo F.D. will assist another High Desert community through the acquisition. The Blue Book value of this unit is under $300 and the cost to repair or even sell the vehicle far exceeds its value.

FISCAL IMPACT:

Revenue to be generated by the auction and the destruction of the fire engine will allow for revenue from the Carl Moyer Grant.

RECOMMENDATION:
4 2
City Manager Approval (Initial): _________
City Attorney Approval (Initial): _____ ____
Finance Manager Approval (Initial): _______
(Select Category)
Departmental Reports (DR) ______
Consent Calendar (CC) ______
City Manager Report (CMR) ______
Continued Business (CB) ______
New Business (NB) ___x___
Staff is asking the Council to approve as surplus and authorize their sale, donation of one unit, and destruction of the out-of-service fire engine.

ENVIRONMENTAL IMPACT:

None
ATTACHMENTS:

A. List of vehicles for surplus
B. Resolution #24-3069
2024 -25 Surp lus Fle e t/Eq uip m e nt
Unit 328, 2011 FORD Crown Vic, License Plate #1390881 Unit 310, 2011 FORD Crown Vic, License Plate #1376927 VIN #2FABP7BV2BX180355 Miles: 163,938 VIN #2FABP7BV3BX175973 Miles: 232,976 Unit 384, 2006 FORD Expedition, License Plate #1297553 Unit 314, 2006 FORD Crown Vic, License Plate #1223485 VIN #1FMPU16526LA47044 Miles: 109,500 VIN #2FAHP71W46X107546 Miles: 182,386 Unit 327, 2011 FORD Crown Vic, License Plate #1390882
VIN #2FABP7BV8BX180294 Mile: 121,704
Seagrave Engine, License Plate #906126 **Surplus to be destroyed per Carl Moyer Grant.

Unit 526, Chief’s, 2011 FORD Expedition XL, License Plate #1376667 VIN #1FMJU1G52BEF57493 Miles: 288,644 **Surplus but will be donated to another Fire department Unit #526 (Front) Unit #526 (Back)
2006 FORD Expedition, License Plate #1413386
VIN #1FMPU15566LA70215 Miles: 138,867
MAKO Air Compressor Trailer
MAKO (Front)

Page 1 ends

RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

CALIFORNIA CITY, CALIFORNIA, DECLARING CERTAIN

FLEET VEHICLES AND EQUIPMENT SURPLUS, AND
AUTHORIZING THEIR SALE OR DESCTRUCTION.

The City Council of the City of California City (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS, the Police Department and Fire Department purchased seven vehicles, a Fire engine, and an air compressor described and depicted in photographs on the list of vehicles and equipment; and
WHEREAS the vehicles and other equipment described and depicted in the attached list of photographs have outlived their usefulness and are no longer needed by the City of California’s Police and Fire departments; and
WHEREAS, the City of California has statutory authority to dispose of such supplies and equipment under Sec. 3-3.114., provided such property is declared surplus to the City’s needs.

WHEREAS, Declaration of Surplus the seven vehicles, one fire engine, and equipment described and depicted in photographs on the list of vehicles and equipment are hereby declared surplus.

WHEREAS, Police and Fire Departments are hereby authorized to sell, donate, and/or destroy the seven vehicles, one fire engine, and an air compressor as described and depicted in photographs on the list of vehicles and equipment.

WHEREAS, the presented or amended report is hereby approved and ordered to be filed in the Office of the City Clerk as a permanent record and to remain open to public inspection.

WHEREAS, the City Clerk shall certify to the passage and adoption of this Resolution and the minutes of this meeting shall so reflect the presentation of the Report.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE

CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA THAT THE CITY

MANAGER IS AUTHORIZED TO SELL, DONATE, OR DESTROY CERTAIN FLEET VEHICLES AND EQUIPMENT SURPLUS:
3069

Page 2 ends

PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City, this 9th day of December 2024.
__________________________
Kelly Kulikoff,
Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Leanndrea Weible Victor M. Ponto,
Acting City Clerk City Attorney
[THIS SPACE INTENTIONALLY LEFT BLANK]

CERTIFICATION
I, Leanndrea Weible, Acting City Clerk of the City of California City, California, hereby certify that the foregoing resolution was duly adopted at a meeting of the City Council of said City at its meeting held on the 9th of December 2024, by the following vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of California City, California, this ______ day of December 2024. __________________________
Leanndrea Weible
Acting City Clerk
1 ITEM NO. NB

COUNCIL AGENDA ITEM
December 9, 2024
TO: Mayor and City Council
FROM: Dr. Justin Vincent, Director of Public Safety
SUBJECT:

Purchase of Fire Department SCBA Fill Station utilizing previously accepted restricted community benefit funding from AES Green Energy Corporation.

BACKGROUND/ DISCUSSION:

AES Green Energy Corporation is currently building a large green energy solar project in the Southern portion of the California City limits known as Bellefield 2. As part of their business model and organizational values, AES always strives to become an active member of every community that it comes into and works hard to make lasting positive community impacts through involvement and donations to both local non-profits and local government. Their company values encourage the organization to not only develop infrastructure and businesses within communities but to become an active member in their community through local partnerships and donations where applicable.

Since AES began its project in California City, they have been an active partner, seeking out opportunities to positively impact the lives of California City residents. They have already donated to the California City local non-profit, Safe Haven. AES provided a donation to their Back-to-School Backpack, Job Fair, and Community Resources Giveaway. They have already pledged to donate to their 2nd Annual Resource Spectacular (Thanksgiving) Event in November 2024 and to their Annual Holiday Toy Giveaway in December 2024. Since coming to Kern County, AES has also made major financial donations to Goodr Foundation Pop-up Market Food Activation in Mojave, the East Kern Family Resource Center, the Kern Economic Development Foundation, and the Kern County Superintendent of Schools for East Kern Career Expo. On November 4th, 2024, AES came before the City Council and presented a donation of 2.7 million dollars to the city to be used for several identified specific purchases to benefit the city of California City. The council voted to accept these funds for these specific projects.

After identifying requests and needs from the city departments, AES selected several worthy projects and capital items to donate funds towards to make a positive community impact and bring a community benefit to California City. AES donated $60,000 to the restricted capital acquisition of a new SCBA sill station for the fire department to replace its current broken and aged unit.
5 2
It is AES’s intention that their donation be restricted to the above projects and acquisitions. AES has agreed that any additional unused donated funds may be utilized to support any of the approved projects by way of funding, maintenance, warranty, supporting equipment, upfitting, or training that may be required to fulfill the project or capital acquisition goals for the approved donation.

Staff reached out to several SCBA fill station providers to attempt to get three quotes. In the end, due to delivery, install, and service location, staff only received two bids back. Staff reached out to Bauer Compressor and received a bid of $58,698.47. This bid included sales tax, delivery, the haul away and disposal of our old SCBA fill station along with the install of the new unit. Staff also received a bid from LN Curtis of $80,494.00. This bid included delivery and set up, but did not include the haul away of the old unit. Lastly, the department failed to receive a formal bid back from Mako Air Compressor, which would have provided a third bid. With the city’s remote service location, it is very difficult to acquire bids for specialized equipment that will require installation services.

FISCAL IMPACT:

This restricted donation of funds to the city is accounted for in GL 60-6000-752 (General Fund Donations). The fiscal impact of the city spending the previously accepted donation would be a reduction of general fund liability through the replacement of an aging and costly capital item, an overall reduction in maintenance costs for the city, and a potential reduction in city risk and liability.

RECOMMENDATION:

Staff recommends that the City Council approve the purchase of the Bauer SCBA fill station for the fire department at a cost of $58,698.47, below the dedicated $60,000.00 from AES, in-line with the restricted donation of funds, via the attached resolution as requested by AES and to direct the City Manager to fulfill the terms of purchasing and payment for the identified capital item to elevate the safety and efficiency for the fire department.

ATTACHMENTS:

Bauer QuoteLN Curtis QuoteResolution # 24-
3 RESOLUTION NO. 24-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CALIFORNIA

CITY, CALIFORNIA, DIRECTING THE PURCHASE OF A NEW SCBA FILL

STATION FOR THE FIRE DEPARTMENT UTILIZING THE RESTRICTED COMMUNITY BENEFIT DONATION FUNDS FROM AES CLEAN ENERGY.

The City Council of the City of California City (hereafter referred to as the “City Council”) does resolve as follows:

WHEREAS AES Clean Energy Corporation has become a partner in developing California City with the development of a green energy solar field project within the City of California City; and,
WHEREAS, AES Clean Energy Corporation has made a positive community impact by supporting multiple City of California City projects and capital improvements through a fiscal donation to the City; and,
WHEREAS, at the request of AES Clean Energy Corporation, these funds must be used solely for the City projects and City capital outlined in their donation request; and, WHEREAS, AES allocated $60,000.00 to replace the fire department SCBA fill station; and,
WHEREAS, Bauer Compressor had the most competitive bid at $58,698.47 which is under the allocated $60,000.00 donated by AES; and,
WHEREAS any additional unused donated funds may be utilized to support any of the approved projects by way of maintenance, warranty, supporting equipment, upfitting, or training required to fulfill the project or capital acquisition goals for the above approved donation.

NOW, THEREFORE BE IT RESOLVED, DETERMINED, AND ORDERED BY THE

CITY COUNCIL OF THE CITY OF CALIFORNIA CITY, CALIFORNIA THAT THE CITY

MANAGER IS DIRECTED TO PURCHASE THE NEW SCBA FILL STATION FROM BAUER COMPRESSOR AT A COST OF $58,698.47 FOR THE BENEFIT OF THE COMMUNITY AND THE SAFETY OF THE CALIFORNIA CITY FIRE DEPARTMENT.

PASSED, APPROVED, AND ADOPTED by the City Council of the City of California City, this 9th day of December 2024.
__________________________
Kelly Kulikoff,
Mayor
3070
4 ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Leanndrea Weible, Victor M. Ponto,
Acting City Clerk City Attorney
5 CERTIFICATION
I, Leanndrea Weible, Acting City Clerk of the City of California City, California, hereby certify that the foregoing resolution was duly adopted at a meeting of the City Council of said City at its meeting held on the 4th of November, by the following vote, to wit:

AYES: None
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of California City, California, this 9th day of December 2024. __________________________
Leanndrea Weible
Acting City Clerk
267 East Airway Blvd
Livermore, CA 94551
Phone: 925-449-7210
Fax: 925-449-7201
To: Date: 11/27/2024
California City Fire Department
Blaine Smith
Phone: 951-796-5421
Email: [email protected]
Quotation Valid Until 12/31/24

ITEM QTY DESCRIPTION PRICE AMOUNT
1 1 Bauer Legacy2/13-E3 Compressor $28,617.00
Horsepower: 10 Three Phase Electric
Charging Rate: 13 SCFM
Purification: P2 B-Securus
Electronic CO Monitor w/ Calibration Kit
2 2 CFS5.5-2S Fill Station $10,319.00
3 1 (2) 6000psi ASME Cylinders w/ Rack $9,883.00
ASME6K-2
2 2 MSA Quick Connect Adapter $575.00 $1,158.00
10149700-SP
3 2 Coupling Adapter QC to ¼“ NPT Male $42.75 $85.50
10172885
4 2 Copper Crush Washer $3.00 $6.00
Subtotal $50,068.50
Sales Tax 7.25% $3,629.97
Shipping $3,500.00
Installation $1,500.00
Total $58,698.47
NOTE: Customer is responsible for having an electrical disconnect box with proper wire installed. A Baue Service Tech will supply flexible conduit and wiring from disconnect box to compressor.

Thank you for the opportunity to submit this quotation.

Sincerely,
Jeff Dart
Sales Specialist
Phone: 510-846-8892
[email protected]
Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
UEI#: DDLSADSWN7U7
Pacific North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
www.LNCurtis.com

Page 1 of 2 ends

Quotation
CUSTOMER: SHIP TO:

California City Fire Department
21000 Hacienda Boulevard
California City CA 93505
California City Fire Department
21000 Hacienda Boulevard
California City CA 93505
QUOTATION NO. ISSUED DATE EXPIRATION DATE
323957 11/26/2024 12/26/2024

SALESPERSON CUSTOMER SERVICE REP
Chris Parano
[email protected]
559-301-5156
Chris Parano
[email protected]
559-301-5156
REQUISITION NO. REQUESTING PARTY CUSTOMER NO. TERMS OFFER CLASS DAVID ORR C32344 Net 30 FR
F.O.B. SHIP VIA DELIVERY REQ. BY
FTSP Standard Shipping

NOTES & DISCLAIMERS
Thank you for this opportunity to quote. We are pleased to offer requested items below. If you have any questions, need additional information, or would like to place an order, please contact your Customer Service Rep as noted above.

Safety Warning Notice: Products offered, sold, or invoiced herewith may have an applicable Safety Data Sheet (SDS) as prepared by the manufacturer of the product. The SDS is provided with the product. In addition, manufacturer’s safety and/or warning notices, instructions and information relating to the proper use and care of the product is provided with the product. All applicable SDS, safety and/or warning notices, instructions and other information provided with the product should be thoroughly read, reviewed, and understood prior to handling, distributing, using, reselling, or servicing any and all products provided by Curtis. Materials utilized to clean, repair, maintain and/or service your owned equipment, as well as Curtis owned equipment, may contain per-and polyfluoroalkyl substances (PFAS) to meet national standards or original equipment manufacturer specifications. For other important product notices and warnings, or to request an SDS, product specifications, manufacturer’s safety notices, instructions and/or warning notices, please contact Curtis or visit https://www.lncurtis.com/product-notices-warnings Ph: 510-839-5111
TF: 800-443-3556
Fax: 510-839-5325
[email protected]
UEI#: DDLSADSWN7U7
Pacific North Division
6723 Sierra Court, Suite C
Dublin, CA 94568
www.LNCurtis.com

Page 2 of 2 ends

LN QTY UNIT PART NUMBER DESCRIPTION PL UNIT PRICE TOTAL PRICE 1 1 EA ARCTIC

COMPRESSOR
CUSTOM
* As Below:
001 C-E4-10-A6-E1C
4 STAGE, 6000 PS, 10 HP,14 CFM
, SINGLE PHASE ELECTRIC

MOTOR, SOUND SUPPRESSING
CABINET. INCLUDES FILTER
SYSTEM TO PROCESS 24,000 CU
FT., MAGNETIC STARTER, AUTO

DRAIN SYSTEM, GAUGE PANEL,

HIGH PRESSURE SWITCH AND

ELECTRONIC CO MONITOR
Low Oil Level Switch Component
Add High Temp Switch TRPL FILL W/
CONTROLS 5500 PSI 6000 PSI ASME
Cyl with safety ASME-6000
relief valve, drain valve, and
shut off valve.

UNI INLINE 4 CYL RACK ASSY SC-4ILCYLRACK

8.00 EA ASME CYLINDER CLAMP P-2

4.00 EA Hose 72" (6FT) 7000 PSI w/
ends Hose 120"(10ft)7000 PSI w/ends
ACE Silver Extended Warranty EXDACE-SILVER
5 YEARS OR 1000 HOURS
*FOR BREATHING-AIR
APPLICATIONS**
$72,000.00 $72,000.00
Small Business
CAGE Code: 5E720
SIC Code: 5099
Federal Tax ID: 94-1214350
UEI #DDLSADSWN7U7
This pricing remains firm until 12/26/2024. Contact us for updated pricing after this date.

Due to market volatility and supply shortages, we recommend contacting your local L.N. Curtis and sons office prior to placing your order to confirm pricing and availability. This excludes our GSA Contract and other Fixed Price Contracts which are governed by contract-specific prices, terms, and conditions.

Subtotal $72,000.00
Estimated Tax Total $5,220.00
Transportation $3,274.00
Total $80,494.00
View Terms of Sale and Return Policy

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