HomeMy WebLinkAbout2019-282Resolution No. 2019-282
RESOLUTION NO. 2019-282
RESOLUTION OF THE MAYOR AND CITY COUNCIL OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
APPROVING TETRA TECH INC. TO INSTALL
UPGRADES TO THE EXISTING LANDFILL GAS
COLLECTION AND TREATMENT SYSTEM AT THE
CITY'S INACTIVE WATERMAN LANDFILL
WHEREAS, The City of San Bernardino operated a sanitary landfill for municipal solid
waste between 1950 and 1960 on 19 acres of leased private property along the south bank of the
Santa Ana River, east of Waterman Avenue and north of Vanderbilt Way and Carnegie Drive.
and
WHEREAS, As the operator of the former Waterman Landfill, the City of San
Bernardino bears the responsibility for properly closing, maintaining, and monitoring the 19 -
acre site, which ceased operations in 1961; and
WHEREAS, The City was notified in 2004 by State regulatory agencies that the
Waterman Landfill site was not in compliance with landfill closure regulations. The City was
required to implement appropriate landfill measures to satisfy legal requirements; and
WHEREAS, The approved construction and installation of the landfill gas extraction and
treatment system was completed in 2006; and
WHEREAS, As mandated by South Coast Air Quality Management District
(SCAQMD), routine operations, maintenance and monitoring of the landfill gas extraction and
treatment system at Waterman Landfill must continue; and
WHEREAS, On July 21, 2008, per Resolution 2008- 285, the Mayor and Common
Council of the City of San Bernardino authorizing the execution of an Agreement and issuance
of a Purchase Order with three (3) option years; and
WHEREAS, Due to the City's fiscal challenges, on June 1, 2010, staff wrote BAS a
letter and asked them to accept a 20 percent reduction in charges to their OM & M. The 20
percent reduction equated to 35,000 in savings per year; and
WHEREAS, On June 16, 2010, BAS responded to our letter and accepted the 20 percent
reduction but requested that the City extend the current contract by four additional years; and
WHEREAS, Staff recommended extending the contract by four additional years since it
yielded a savings of $ 210, 000 over the next six years. The amendment extended the contract
effective for option years two and three and additionally, effective July 1, 2012, the contract
extended to June 30, 2016; and
WHEREAS, On June 22, 2016 Resolution of the Mayor and Common Council of the
City of Ban Bernardino authorizing the City Manager to execute amendment no. 1 to agreements
Resolution No. 2019-282
for on-call professional civil engineering design and project management services for the capital
improvement program (CIP) and staff augmentation; and
WHEREAS, The City Manager may extend the term of the Agreement for one- year
intervals by written notice to the Consultants. The City Manager shall be required to give the
Consultants such written notice of the City's intent to extend before the Agreements expire. The
total duration of the Agreement, including the exercise of any options, shall not exceed June 30,
2020; and
WHEREAS, On June 19, 2019, the City Manager submitted a written notice to the
consultant to extend the current agreement forone additional year to June 30, 2020; and
WHEREAS, On December 7, 2017, San Bernardino County Local Enforcement Agency
(LEA) issued a Notice of Violation (NOV) to the City for violation of Title 27, California Code
of Regulations, Section 20921(a)(2)- Gas Monitoring and Control; and
WHEREAS, The City and its consultant, Tetra Tech, Inc, submitted a remediation plan
to the County LEA to resolve the notice of violation. The remediation plan included 6 phases
with 4 phases to directly resolve the NOV and 2 recommended phases to improve the landfill gas
collection system throughout; and
WHEREAS, The first two (2) phases of the remediation plan have been completed under
FY 2018-19 non -routine budget. The third (3) phase of the remediation plan calls for significant
upgrades to the current Landfill Gas Collection and Treatment System to help prevent migrating
landfill gas leaving off-site of the landfill.
BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. The above recitals are true and correct and are incorporated herein by this
reference.
SECTION 2. The Mayor and City Council hereby allocate SEVEN HUNDRED FORTY
FOUR THOUSAND EIGHT HUNDRED THIRTY FOUR DOLLARS ($744,834) from the
fiscal Year 19-20 CIP budget to upgrade the current Landfill Gas Collection and treatment
System at the City's Inactive Waterman Landfill.
SECTION 3. The Director of Finance is authorized to issue a Purchase Order to the
Consultant for FY 2019/20.
SECTION 4. That the City Council finds this Resolution is not subject to the California
Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA
applies only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty, as in this case, that there is no possibility that
the activity in question may have a significant effect on the environment, the activity is not
subject to CEQA.
Resolution No. 2019-282
SECTION 5. Severability. If any provision of this Resolution or the application thereof
to any person or circumstance is held invalid, such invalidity shall not affect other provisions or
applications, and to this end the provisions of this Resolution are declared to be severable.
SECTION 6. Effective Date. This Resolution shall become effective immediately.
APPROVED and ADOPTED by the Cit/�oI
it and signed by the Mayor and attested
by the City Clerk this 18'" day of September 201 1
w- z
John Valdivia, Mayor
City of San Bernardino
Attest:
C()
+Georgeann Han , MMC, City Clerk
Approved as to form:
✓�Gc�L L
Gary D. Saenz, City Attorney
Resolution No. 2019-282
CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF SAN BERNARDINO) ss
CITY OF SAN BERNARDINO )
I, Georgeann Hanna, MMC, City Clerk, hereby certify that the attached is a true copy of
Resolution No. 2019-282, adopted at a regular meeting held on the 18th day of September 2019
by the following vote:
Council Members: AYES NAYS
SANCHEZ x
FIGUEROA X
SHORETT x
NICKEL
RICHARD
MULVIHILL
ABSTAIN ABSENT
WITNESS my hand and official seal of the City of San Bernardino this 18th day of September
2019.
Jn6eorgeann Ha 6a, W4C, City Clerk
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