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RESOLUTION NO. 2024- 195
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, DECLARING AN URGENT
NECESSITY FOR THE PRESERVATION OF LIFE,
HEALTH, PROPERTY AND AUTHORIZING THE CITY
MANAGER OR DESIGNEE TO ENTER INTO
AGREEMENTS WITHOUT ADVERTISED COMPETITIVE
BIDDING FOR THE PREPARATION AND
IMPLEMENTATION OF EMERGENCY REMEDIATION
PLAN TO MITIGATE GAS EMISSION EXCEEDANCES AT
THE NORTH SIDE OF FRESNO SANITARY LANDFILL.
WHEREAS, the City of Fresno (City) owns and operatesthe Fresno Sanitary Landfill ( Landfill) located at 1707 West Jensen Avenue; and WHEREAS, the Landfillwas placedon the NationalPriorityList in 1989due to migratinggases from years of receiving wastes of all types at an unlined sanitary landfill; and
WHEREAS, this project is under oversightof the UnitedStates Environmental ProtectionAgency (US EPA) andthe CaliforniaDepartmentof Toxic Substances; and WHEREAS, the Perimeter Probe MMW56 was monitored and detected methanegas levels exceedingthe explosivelimits; and
WHEREAS, US EPA has directed the City to prepare and implement an emergencyremediationplanto mitigatethe exceedances; and WHEREAS, the continued operation of the Landfill Gas Collection and Control System is essential for the health and safety of the community; and WHEREAS, further delays and proceedingthrougha formal bid processcould have serious negative impact on the operation of the Landfill Gas Collection and Control System and the health and safety of the surrounding area and community at 1 of 3
Date Adopted: 08/ 29/ 2024
Date Approved: 09/ 04/ 2024
Effective Date: 09/ 04/ 2024
Resolution No. 2024- 195
Lr '. 4a rj ly
large; and
WHEREAS, enteringintoagreements, withoutcompetitivebiddingfor various services, isnecessaryforthetimelyperformanceoftheemergencyremediationwork.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Fresno as follows:
1. The foregoingfacts constitutean urgent necessityfor the preservation of life, health, or property.
2. The requirementof advertisingfor bids is hereby waived pursuant to Charter Section 1208( a).
3. The City Manageror designeeis authorizedto negotiate, enter and execute service agreements, materials purchase agreements, and a construction contractfor the emergencyremediationof the LandfillGas Collectionand Control System, at a cost not to exceed $ 611, 679, with construction management cost not to exceed $ 50,000, for a total cost of $661,679, subjectto prior approvalas to form by the City Attorney' s Office.
4. The Council finds the Project in the best interest of the City.
5. This resolution shall be effective upon final approval. 2 of 3
OFP,
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STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO
1, TODDSTERMER, CityClerkofthe Cityof Fresno, certifythatthe foregoing resolution was adopted by the Council of the City of Fresno, at a regular meeting held on the ggth day of ' - August 2024.
AYES : Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld, Esparza NOES None
ABSENT None
ABSTAIN None
Mayor Approval: September 4 2024
Mayor Approval/ No Return: 2024
Mayor Veto: N/ A 2024
Council Override Vote: N/ A 2024
TODD STERMER, CMC
City Clerk
By.
D puty Date
APPROVED AS TO FORM:
ANDREW JANZ
City Attorney
By:
r 1
1191
Christine C. Charitar Date
Deputy City Attorney
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e
7 August 30, 2024 Council Adoption: 08/ 29/ 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 CityCouncilmeetingof August29, 2024, Counciladoptedthe attached Resolution No. 2024- 195 *** RESOLUTION - Declaring an urgent necessity for the preservation of life, health, property and authorizing the City Manageror designee, to enter into agreements without advertised competitive bidding for the preparation and implementation of emergency remediation plan to mitigate gas emission exceedances at the north side of Fresno Sanitary Landfill. ( Requires 5 Affirmative Votes) ( Subject to Mayor' s Veto) Item 2-K-2, File ID 24- 1107, by the following vote:
Ayes Perea, Karbassi, Arias, Maxwell, Chavez, Bredefeld, Esparza Noes None
Absent None
Abstain None
Pleaseindicateeitheryourformalapprovalor vetoby completingthe followingsectionsand executing and dating your action. Please file the completed memo with the Clerk' s office on or beforeSeptember9, 2024. Incomputingthe tenday periodrequiredby Charter, thefirst day has beenexcludedand the tenth day hasbeenincludedunlessthe loth day 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.
ROVED 1 O RETURN:
VETOED for the following reasons: ( Written objections are required by Charter; attach additional sheets if necessary.)
Date:
Jerry' Dyer, Mayor
COUNCIL OVERRIDE ACTION: Date: r-
Ayes
Noes cn
Absent n n1
Abstain o
C` 7 W