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RESOLUTION NO. 2024- 033
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, AUTHORIZING THE
DEPARTMENT OF PUBLIC UTILITIES DIRECTOR OR
DESIGNEE( S) TO PREPARE AND SUBMIT GRANT
APPLICATIONS, ACCEPT FUNDS, AND EXECUTE ANY
FINANCIAL ASSISTANCE AGREEMENTS AND
AMENDMENTS WITH THE CALIFORNIA STATE WATER
RESOURCES CONTROL BOARD ON BEHALF OF THE
CITY OF FRESNO FOR THE PLANNING, DESIGN, AND
CONSTRUCTION OF WATER AND SEWER
INFRASTRUCTURE TO SERVE THE COMMUNITY OF
BRITTEN AVENUE
WHEREAS, the community of Britten Avenue ( Community), located on Britten Avenue, east of South Cherry Avenue, is identified as a Disadvantaged Community DAC) per State Water Resources Control Board ( SWRCB) Division of Financial Assistance criteria; and
WHEREAS, the Community is served by residential wells and septic systems and is not connectedto the City's drinkingwater and sewerdistribution systems; and WHEREAS, water quality samples collectedfrom the taps at three homesin the Britten Community contained nitrate and/or uranium levels meeting or exceeding the maximum contaminant level (MCL) for drinking water; and WHEREAS, the source for the nitrate is likely residential septic tanks and fertilizer runoff from neighboring agricultural areas; and
WHEREAS, the uranium likely originates from natural deposits in the groundwater aquifer; and
WHEREAS, the Community desires to connectto the City of Fresno( City) drinking watersystemto alleviaterisks to publichealthandgain accessto a stablesourceof safe 1 of 4
Date Adopted: 02/ 22/ 2024
Date Approved: 03/ 01/ 2024
Effective Date: 03/ 01/ 2024 Resolution No. 2024- 033 drinking water; and
WHEREAS, maintenance and replacement costs for residential septic systems are higher per capital for DACs; and
WHEREAS, the Communitydesiresto connectto the City sewersystemto reduce dependence on the residential septic systems; and
WHEREAS, the Communityis locatedoutsidethe City's sphere of influence; and WHEREAS, pursuantto CaliforniaGovernmentCodesection56133(c), the Fresno Local Area Formation Commission ( LAFCo) may authorize a city or special district to provideneworextendedservicesoutsideofitsjurisdictionalboundariesandoutsideits sphere of influence to respond to an existing or impending threat to the health or safety of the publicor residentsof the affectedterritory; and
WHEREAS, LAFCo Resolution OS-23-02 authorizes the City to extend domestic water and sanitaryservicesto the Community; and
WHEREAS, priorto connectingto the City's waterand sewer distributionsystems, theCommunitywillenterintoan Extra-territorialServiceAgreementwiththeCity; and WHEREAS, the SWRCB has funding availablethrough its DrinkingWater State Revolving Fund ( DWSRF) and the Clean Water State Revolving Fund ( CWSRF) that prioritizessafe, clean, reliabledrinkingwaterandwastewatertreatmentsolutionsfor small, disadvantaged communities; and
WHEREAS, the Departmentof Public Utilities (DPU) intends to applyfor funding through DWSRF and CWSRF to fund installation of water and sewer extensions to serve the Community; and
WHEREAS, the SWRCB requiresthat the governingbody of the applicantsubmit 2 of 4
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a resolutiondesignatinganauthorizedrepresentativeortheirdesignee(s) to prepareand submit applications, acceptfunds, and executethe financialassistanceagreementsand any amendments thereto.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The Councilof the City of Fresno, Californiaauthorizesthis resolution.
2. The Director of Public Utilities (Authorized Representative) or designee(s) isauthorizedto prepareandsubmitapplications, acceptfunds, andexecutethefinancial assistanceagreementsandanyamendmentstheretowiththe SWRCBon behalfofthe Cityforthe planning, design, andconstructionofwaterandsewerinfrastructureto serve the Community of Britten Avenue.
3. TheAuthorizedRepresentativeordesignee(s) isauthorizedanddesignated to provide assurances, certifications, and commitments required for the financial assistance application.
4. The Authorized Representative or designee( s) is designated to represent the City in carryingout the City's responsibilitiesunder the financingagreements, includingcertifyingdisbursementrequestsonbehalfof the Cityandcompliancewith applicable state and federal laws.
5. Subjectto the foregoingprovisions, the Citycertifiesit has legalauthorityto participateintheaforementionedfinancialassistanceprogramswiththestateandfederal government.
6. Nothingin this resolutionbindsor obligatesthe City's generalfund, taxing authority, or borrowing power.
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7. 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 resolutionwasadoptedbythe CounciloftheCityof Fresno, at a regularmeetingheldon the _ 22nd day of February 2024.
AYES Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld, Esparza NOES None
ABSENT None
ABSTAIN None
Mayor Approval: March 1 2024
Mayor Approval/ No Return: nua 2024
Mayor Veto: N/ A 2024
Council Override Vote: 2024
TODD STERMER, CMC
City Clerk
By:
Deputy Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By: 3/` 1I d
Christine C. Charitar Date
Deputy City Attorney
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February 23, 2024 Council Adoption: 02/ 22/ 2024
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 At the City Councilmeetingof February22, 2024, Counciladoptedthe attached Resolution No. 2024- 033 *** RESOLUTION - Authorizing the Department of Public Utilities Director or designee( s) to prepare and submit grant applications, accept funds, and execute any financial assistance agreements and amendments with the California State Water Resources Control Board on behalf of the City of Fresno for the planning, design, and construction of water and sewer infrastructure to serve the Community of Britten Avenue. ( Subject to Mayor' s Veto) ( Unincorporated Fresno County) Item 2-W, File ID 24-220, by the following vote:
Ayes Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld, Esparza Noes None
Absent None
Abstain None
Please indicate either your formal approvalor veto by completingthe followingsectionsand executing and dating your action. Please file the completed memo with the Clerk' s office on or beforeMarch4, 2024. Incomputingtheten dayperiodrequiredby Charter, thefirst dayhasbeen excludedand the tenth day has been includedunlessthe 101hday is a Saturday, Sunday, or holiday, in which case it has also been excluded. Failure to file this memo with the Clerk' s office within the required time limit shall constitute approval of the ordinance, resolution or action, and it shall take effect without the Mayor' s signed approval.
APPROVED 1 0 RETURN:
VETOED for the following reasons: ( Written objections are required by Charter; attach additional sheets if necessary.)
Date:
Jerry er, Mayor 31AJ0 S. HH310 A110
CO NCIL OVERRIDE ACTION: Date: DI4S? tIj All Atli Ayes
Noes ZO : i d I - u3W ka
Absent
Abstain C13AI303d