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Date Adopted:
Date Approved:
Effective Date:
City Attorney Approval: ______ Resolution No.
RESOLUTION NO. ____________
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, REPEALING AND REPLACING
RESOLUTION NO. 2024 -033 AND AUTHORIZING THE
DIRECTOR OF PUBLIC UTILITIES 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 OF WATER 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 is not connected to the City's drinking water distribution system; and
WHEREAS, water quality samples collected from the taps at three homes in the 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
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WHEREAS, the Community desires to connect to the City of Fresno (City) drinking water system to alleviate risks to public health and gain access to a stable source of safe drinking water; and
WHEREAS, the Community desires to connect to the City water system to eliminate dependence on the residential wells; and
WHEREAS, the Community is located outside the City's sphere of influence; and
WHEREAS, pursuant to California Government Code section 56133(c), the Fresno Local Area Formation Commission (LAFCo) may authorize a city or special district to provide new or extended services outside of its jurisdictional boundaries and outside its sphere of influence to respond to an existing or impending threat to the health or safety of the public or residents of the affected territory if certain conditions are met; and
WHEREAS, on June 6, 2023, LAFCo issued Resolution OS-23-02 authorizing the City to extend domestic water and sanitary sewer services to the Community; and WHEREAS, prior to connecting to the City's water distribution system, the individual property owners within the Community will enter into an Extra- territorial Service Agreement with the City; and
WHEREAS, SWRCB has funding available through its Drinking Water State Revolving Fund (DWSRF) that prioritizes safe, clean, reliable drinking water for small, disadvantaged communities; and
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WHEREAS, the Department of Public Utilities (DPU) intends to apply for funding through DWSRF to fund a planning study for the installation of water extensions to serve the Community; and
WHEREAS, the City will be working with Self -Help Enterprises, through a Technical Assistance Workplan, to perform the tasks of the planning study to determine project feasibility. The planning study includes design work, environmental review, and preparation of an application for construction funding; and WHEREAS, the SWRCB requires that the governing body of the applicant submit a resolution designating an authorized representative or their designee(s) to prepare and submit applications, accept funds, and execute the financial assistance agreements and any amendments thereto; and
WHEREAS, on February 22, 2024, the Council adopted Resolution 2024-033 authorizing the Director of Public Utilities to prepare and submit applications, accept funds, and execute financial assistance agreements, and any amendments thereto with the SWRCB for the planning, design, and construction of water and sewer infrastructure to serve the Community; and
WHEREAS, the proposed water and sewer planning studies and construction projects were combined in Resolution 2024- 033. However, these are separate and independent studies and projects so DPU will be pursuing these studies and construction projects separately and will be requesting approval to submit separate applications for grant funding; and
WHEREAS, the SWRCB requires separate funding applications for the planning activities and the water infrastructure construction; and 491234v2
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WHEREAS, this resolution only request s authority to apply for funding for a planning study for the water infrastructure project . Should the City receive grant funding for the planning study, DPU intends to submit a funding application for construction grant funding after completion of the planning study; and WHEREAS, DPU recommends that Council adopt this resolution to repeal and replace Resolution 2024-033.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The Council of the City of Fresno hereby repeals Resolution No. 2024-033 and replaces it with Resolution No. 2025-____.
2. The Director of Public Utilities (Authorized Representative) or designees(s) is authorized to prepare and submit funding applications, accept funds, and execute the financial ass istance agreements and an y amendments thereto with the State Water Resources Control Board ( SWRCB) on behalf of the City for the planning of water infrastructure to serve the Community of Britten Avenue.
3. The Authorized Representative or designee(s) is authorized and designated to provide assurances, certifications, and commitments required for the financial assistance application.
4. The Authorized R epresentative or designee(s) is designated to represent the City in carrying out the City’s responsibilities under the financial assistance agreements, including certifying disbursement requests on behalf of the City and compliance with applicable state and federal laws.
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5. Subject to the foregoing provisions, the City certifies it has legal authority to participate in the aforementioned financial assistance programs with the state and federal government.
6. Nothing in this resolution binds or obligates the City's general fund, taxing authority, or borrowing power.
7. This resolution shall be effective upon final approval.
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* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, TODD STERMER, City Clerk of the City of Fresno, certify that the foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the day of 2025.
AYES :
NOES :
ABSENT :
ABSTAIN :
Mayor Approval: , 2025
Mayor Approval/No Return: , 2025
Mayor Veto: , 2025
Council Override Vote: , 2025
TODD STERMER, MMC
City Clerk
By:
Date
Deputy
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
Jennifer M. Quintanilla Date
Senior Deputy City Attorney