REPORT TO THE CITY COUNCIL
November 17, 2022
FROM: RINA M. GONZALES, Interim City Attorney
Office of the City Attorney
BY: ERICA M. CAMARENA, Chief Assistant City Attorney
Office of the City Attorney, Division of Code Enforcement
SUBJECT
Title
***RESOLUTION - Declaring a proper purpose for separation of emergency and non-emergency demolition contracts in the procurement process. (Subject to Mayor Veto)
Body
RECOMMENDATION
City Attorney recommends Council adopt a resolution declaring a proper purpose for separation of emergency and non-emergency demolition contracts in the procurement process, specifically to ensure the preservation of life, health, or property without delay.
EXECUTIVE SUMMARY
The City Attorney’s Office is seeking to establish a requirements contract solely for emergency demolition services in order to avoid delays in the service to demolish imminently dangerous structures that could have a detrimental effect such as the loss of life. A finding that there is a proper purpose for separating emergency and non-emergency demolition contracts in the procurement process, specifically to ensure the preservation of life, health, or property without delay, is necessary to comply with Fresno Municipal Code §4-107(e).
BACKGROUND
The Code Enforcement Division of the City Attorney’s Office performs structural demolitions on private property on an as-needed basis. The need for demolition varies, including prolonged lack of maintenance of vacant and abandoned structures, dilapidation, fire damage, or other elements causing the structure to be uninhabitable and dangerous.
In some cases, the need for demolition is sudden and the structure poses an imminent danger to life, health, safety, or adjacent property. Qualified Code Enforcement staff will then make the decision to summarily demolish the structure to the minimum extent necessary to eliminate the imminent danger. At that time, it is crucial that a contracted demolition service provider be immediately available 24/7 to ensure the preservation of life, health, or property without delay. This is typically accomplished by “pancaking” the structures or portions of structures and providing security fencing. To comply with Fresno Municipal Code summary abatement requirements, summary abatements must only involve the minimum level of abatement necessary.
An urgent necessity contract for emergency demolitions is currently in place as previously approved by Council. In preparation for its expiration, the City Attorney’s Office seeks to work with the Purchasing Manager of the Finance Department to issue a Request for Proposals seeking requirements contract bids under the $158,000 threshold to meet these emergency needs and solely for conducting emergency summary abatement demolition services to the minimum extent necessary. This requirements contract will allow a City contractor to perform the emergency demolition services without delay.
The City Attorney’s Office will also separately work with the Purchasing Manager of the Finance Department to issue Requests for Proposals seeking bids for non-emergency demolition services on a case-by-case basis when imminent dangers are not present to necessitate immediate action. This is in accordance with prior and existing practices to allow prospective bidders to evaluate individual properties, projects, and needs as they arise.
ENVIRONMENTAL FINDINGS
This action is not a project pursuant to CEQA Guidelines Section 15378.
LOCAL PREFERENCE
Local preference was not considered because this resolution does not include a bid or award of a construction or service contract. However, local preference will be applicable and considered when an award is issued pursuant to a Request for Proposals procurement process.
FISCAL IMPACT
The funding to cover the cost of demolitions is included in the fiscal year 2023 adopted budget for the City Attorney’s Office. Much of this expense can ultimately be recovered through property assessments or collection suits, but those recoveries are deposited into the General Fund, not the CAO budget.
Attachment:
Attachment 1 - Resolution