HomeMy WebLinkAboutResolution - - 2014-103 - 6/19/2014 OF
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RESOLUTION NO. 2014-103
A RESOLUTION OF THE COUNCIL OF THE CITY OF
FRESNO, CALIFORNIA, AUTHORIZING THE FILING OF
AN APPLICATION TO THE CALIFORNIA DEPARTMENT
OF PUBLIC HEALTH FOR A STATE REVOLVING FUND
LOW INTEREST LOAN FOR THE ABANDONMENT OF
THE ORANGE CENTER SCHOOL DISTRICT WATER
SYSTEM AND CONSTRUCTION OF A WATER UTILITY
SERVICE PIPELINE FOR CONSOLIDATION WITH THE
CITY OF FRESNO WATER SYSTEM AND AUTHORIZING
THE EXECUTION OF DOCUMENTS.
WHEREAS, during 1996, the United States Congress adopted amendments to
the Safe Drinking Water Act that included grants to States to establish a State
Revolving Fund (SRF) program to provide low interest loans and other types of
assistance to public drinking water systems to make necessary improvements to those
systems;
WHEREAS, the California Department of Public Health (CDPH) has been
delegated the responsibility for the administration of the Safe Drinking Water State
Revolving Fund Loan Program (Cal. H.S.C. 11676 et. seq.) within the State, setting up
necessary guidelines for water systems under the program;
WHEREAS, the Orange Center School District (OCSD) has requested to be
consolidated with the City of Fresno's Department of Public Utilities (City's) water
system through construction of a water service connection pipeline and remediation of
onsite water system issues (Project), and execution of an extra-territorial agreement;
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Date Adopted 06/19/2014
Date Approved 06/19/2014
Effective Date : 06/19/2014 Resolution No. 2014-103
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WHEREAS, in accordance with Fresno Municipal Code, Chapter 6, Article 5, the
City has the legal authority to provide domestic water service; assess water rates and
enter into contracts and incur debt on behalf of the OCSD;
WHEREAS, Project completion utilizing SRF Loan funding is contingent upon
meeting CDPH SRF Loan `Disadvantaged Community Consolidation Incentive Program'
(Incentive Program) requirements;
WHEREAS, the City has submitted a pre-application to the CDPH as an
expression of interest for a SRF low interest loan to construct the City's proposed 80-
Million Gallon per Day (80MGD) Surface Water Treatment Facility in southeast Fresno
(SESWTF);
WHEREAS, the City's SESWTF pre-application has been granted a Re-Ranking
Request by the CDPH as a first step in meeting Incentive Program requirements for
OCSD Project funding inclusion and eligibility under the SRF funding program;
WHEREAS, the City maintains the capacity to meet OCSD's water utility service
requirements;
WHEREAS, on April 8, 2014, through Resolution No. 14-4-8, and in accordance
with Incentive Program requirements, the Orange Center Board of Trustees approved
the City to submit a SRF funding application on behalf of the school district;
WHEREAS, the OCSD and City's Department of Public Utilities are desirous of
submitting a loan Application to fund said Project; and
WHEREAS, the CDPH requires that the governing body of the applicant submit a
resolution designating an authorized representative or his designee to execute the
Application to the State.
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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 the submittal of
an Application to the CDPH for a Safe Drinking Water State Revolving Fund (SDWSRF)
low interest loan in the amount of $3,000,000.00 for the Project provided that: (i) the
City shall not be bound under the Application, nor shall City accept or be deemed to
have accepted the SDWSRF loan referenced in the Application, absent City Council
approval of loan terms and conditions that are consistent with SDWSRF Program
requirements and all constitutional and local law requirements, which terms and
conditions shall be contained in written contract prior to approval as to form by the
Office of the City Attorney; (ii) the Application does not and shall not be deemed to
constitute a certification or opinion by the Office of City Attorney as to any matter
embraced therein; (iii) the City's legal authority, liability and obligation under any
program loan agreement is subject to constitutional and local law requirements, this
resolution and pledged, segregated revenue sources identified and appropriated under
the agreement.
2. The City of Fresno Public Utilities Director designee(s) thereof are
authorized and empowered to execute the Application in the name of the City of Fresno.
3. The Office of City Attorney is authorized to execute program related
certifications, assurances and opinions.
4. Subject to the foregoing provisions, the City certifies it has legal authority
to participate in the loan program with the State.
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5. Nothing in this resolution binds or obligates the City's general fund, taxing
authority, or borrowing power.
* * * * * * * * * * * * * *
STATE OF CALIFORNIA )
COUNTY OF FRESNO ) ss.
CITY OF FRESNO )
I, YVONNE SPENCE, 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 1 gth day of June, 2014.
AYES : Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau
NOES : None
ABSENT : None
ABSTAIN : None
YVONNE SPENCE, CMC
City Clerk
BY:07
Deputy
APPROVED AS TO FORM:
DOUGLAS T. SLOAN
City Attorney
BY: - (a &/te-.Sr ndoM. Collet a
Deputy
BMC:prn [64505prn/reso]04-16-14
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OF FRCS
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RESOLUTION NO. 2014-104
A RESOLUTION OF THE COUNCIL OF THE CITY OF FRESNO
ADOPTING THE 48TH AMENDMENT TO THE ANNUAL APPROPRIATION
RESOLUTION NO. 2013-98 APPROPRIATING $255,700 FOR ALHAMBRA
AND DENNETT SEWER MAIN INSTALLATION
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FRESNO:
THAT PART III of the Annual Appropriation Resolution No. 2013-98 be and is hereby amended
as follows:
Increase/(Decrease)
TO: DEPARTMENT OF PUBLIC UTILITIES
Wastewater Operating $ 255,700
THAT account titles and numbers requiring adjustment by this Resolution are as follows:
Wastewater Operating
Retained Earnings:
Account: 25300 Unreserved/Undesignated $ 255,700
Fund: 40501
Org Unit: 413501
Total Retained Earnings $ 255,700
Appropriations:
Account: 57507 Contract Construction $ 254,000
59105 Purchasing —Variable Charge 1,700
Fund: 40501
Org Unit: 413501
Project: RC00149
Total Appropriations $ 255,700
THAT the purpose is to appropriate $255,700 for the Alhambra and Dennett Sewer Main
installation.
Date Adopted :06/19/2014
Date Approved:06/26/2014
Effective Date 06/26/2014:
Resolution No. 2014-104
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CLERK'S CERTIFICATION
STATE OF CALIFORNIA }
COUNTY OF FRESNO } ss.
CITY OF FRESNO }
I, YVONNE SPENCE, City Clerk of the City of Fresno, certify that the foregoing Resolution was
adopted by the Council of the City of Fresno, California, at a regular meeting thereof, held on the 19th
Day of June, 2014
AYES : Baines, Brand, Caprioglio, Olivier, Quintero, Xiong, Brandau
NOES : None
ABSENT : None
ABSTAIN : None
Mayor Approval; N/A , 2014
Mayor Approval/No Return: June 26 , 2014
Mayor Veto: N/A , 2014
Council Override Veto: N/A , 2014
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YV NE SPENCE, WC
C y Clerk
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June 20, 2014 C Adoption: 6 n ,r
R E C E 1lra�pproval:
TO: MAYOR ASHLEY SWEARENGIN Mayor veto:
Override Request:
FROM: YVONNE SPENCE, CMC 1014 TIN 26 FM 3 17
City Clerk
SUBJECT: TRANSMITTAL OF COUNCIL ACTION FWYAWIWKSWAtTO
At the Council meeting of 6/19/14, Council adopted the attached Resolution No. 2014-104
entitled, 48th amendment to the Annual Appropriation Resolution No. 2013-98
appropriating $255,700 for the construction of the Anooshvan Park and Alhambra
water main replacements. Item No. 2C3, by the following vote:
Ayes Baines, Brand, Brandau, Caprioglio, Olivier, Quintero, Xiong
Noes None
Absent None
Abstain None
Please indicate either your formal approval or veto by completing the following sections and
executing and dating your action. Please file the completed memo with the Clerk's office on
or before June 30, 2014. In computing the ten day period required by Charter, the first day
has been excluded and the tenth day has been included unless the 10th 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.
Thank you.
CPPR�OV /NO RETURN:
VETOED for the following reasons: (Written objections are required by Charter; attach
additional sheets if necessary.)
Date: [4 12-(v I
Ashley Swearen , Mayor
COUNCIL OVERRIDE ACTION: Date:
Ayes
Noes
Absent
Abstain