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RESOLUTION NO. 2023- 174
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, AUTHORIZING THE DIRECTOR
OF THE DEPARTMENT OF PUBLIC UTILITIES OR
DESIGNEE TO ACCEPT FUNDS AND EXECUTE THE
FINANCIAL ASSISTANCE AGREEMENT AND ANY
AMENDMENTS THERETO WITH THE CALIFORNIA STATE
WATER RESOURCES CONTROL BOARD ON BEHALF OF
THE CITY OF FRESNO FOR A WATER CONNECTION TO
SERVE THREE PALMS MOBILE HOME PARK
WHEREAS, the residential community of Three Palms Mobile Home Park (MHP), locatedwithinexistingcitylimits, is identifiedas a smallDisadvantagedCommunity (DAC) per State Water ResourcesControl Board (SWRCB) Division of Financial Assistance criteria-, and
WHEREAS, Three Palms MHP is currently served by a single well and is not connectedto the City of Fresno (City) drinkingwater distributionsystem; and WHEREAS, in March 2018, Three Palms MHP was issued a compliance order by the SWRCB for exceedance of the 1, 2, 3- Trichloropropane ( 1, 2, 3- TCP) Maximum Contaminant Level ( MCL) in the raw well water; and
WHEREAS, concentrations of 1,2,3-TCP in raw well water samples collected betweenFebruary2018andNovember2020 havebeennine (9) to twenty-four(24)times greater than the MCL allowed in drinking water; and
WHEREAS, continued exceedance of a drinking water MCL presents a persistent health risk to Three Palms MHP residents; and
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Date Adopted: 06/ 08/ 2023
Date Approved: 06/ 14/ 2023
Resolution No. 2023- 174Effective Date: 06/ 14/ 2023 1 rt
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WHEREAS, connection of the Three Palms MHP to the City' s distribution system- would represent a consolidation of two water systems and provide access of the City's water supply to Three Palms MHP residents; and
WHEREAS, in the DrinkingWater State RevolvingFund (DWSRF) IntendedUse Plan for Fiscal Year 2020- 21, the SWRCB promotes consolidation, where appropriate andfeasible, especiallyamongsmallcommunitywatersystemsservingDACs-, and WHEREAS, the City submitted a grant applicationto the SWRCB for DWSRF funds for a water connection to Three Palms MHP as authorized by Resolution No. 2021- 110; and
WHEREAS, Resolution No. 2021- 110 authorized the DPU Director, ordesignee( s) to representthe City in carryingout the City's responsibilitiesunderthe financing agreements, includingcertifyingdisbursementrequestson behalf of the City and compliance with applicable state and federal laws-, and WHEREAS, the SWRCB requires that the governing body of the applicant designate an Authorized Representative to execute the financial assistance agreement and any amendmentstheretoon behalfof the City.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The Council of the City of Fresno, California, authorizes this resolution.
2. The Director of the Department of Public Utilities or designee is hereby authorized and directed to accept funds and execute the financial assistance agreement andanyamendmentstheretowiththeStateWaterResourcesControlBoardonbehalfof 2 of 3
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the City of Fresno for a water connection to serve Three Palms Mobile Home Park, subject r. °° f' to approval as to form by the City Attorney' s Office.
3. This resolution shall be effective upon final approval.
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolutionwasadoptedbytheCouncilof theCityof Fresno, ata regularmeetingheldon the 8th day of June 2023.
AYES Perea, Karbassi, Arias, Chavez, Bredefeld, Esparza NOES None
ABSENT Maxwell
ABSTAIN None
Mayor Approval: June 14 2023
Mayor Approval/ No Return NIA 2023
Mayor Veto N/ A 2023
Council Override Vote: N/ A 2023
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By.
P 1Cl 23
ni)'br M- tuintanilla Date
Seni r Deputy City Attorney
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June 9, 2023 Council Adoption: 06/ 08/ 2023
Mayor Approval:
TO: MAYOR JERRY DYER Mayor Veto:
Override Request:
FROM; TODD STERMER, CMC
City Clerk
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FOR APPROVAL OR VETO AttheCityCouncilmeetingofJune8, 2023, CounciladoptedtheattachedResolution No. 2023- 174 ' RESOLUTION - Authorizing the Director of the Department of Public Utilities or designee to accept funds and execute the financial assistance agreementand any amendmentsthereto with the California StateWater Resources Control Board on behalf of the City of Fresno for a water connection to serve Three Palms Mobile Home Park. ( Subject to Mayor' s Veto) Item 1- G, File ID 23-851, by the following vote:
Ayes Perea, Karbassi, Arias, Chavez, Bredefeld, Esparza Noes None
Absent Maxwell
Abstain None
Pleaseindicateeitheryourformalapprovalor veto by completingthe followingsections and executing and dating your action. Please file the completed memo with the Clerk' s office on or before June 19, 2023. In computing the ten day period required by Charter, thefirstdayhasbeenexcludedandthetenthdayhasbeenincludedunlessthe10thday is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file thismemowiththe Clerk's officewithinthe requiredtime limitshallconstituteapprovalof the ordinance, resolution or action, and it shall take effect without the Mayor's signed approval.
APP IIEl67 / NO RETURN:
VETOED for the following reasons: ( Written objections are required by Charter; attach additional sheets if necessary.)
Date:
JerF/ Dyer, Mayor r
X i, 4
COUNCIL OVERRIDE ACTION: Date:
Ayes
Noes
Absent
A !7. 1
Abstain