REPORT TO THE CITY COUNCIL
January 30, 2025
FROM: ANDREW JANZ, 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
Approve a consultant services agreement with Leon Environmental Consulting in an amount not to exceed $200,000, to provide professional inspection, testing, and consultant services for potentially hazardous materials (lead-based paint and asbestos containing materials) as well as supervision of removal of hazardous materials for demolitions of dangerous structures conducted by Code Enforcement; and authorize the City Attorney or designee to sign the agreement on behalf of the City.
Body
RECOMMENDATION
Staff recommends Council approve a consultant services agreement with Leon Environmental Consulting; and authorize the City Attorney to sign the agreement on behalf of the City.
EXECUTIVE SUMMARY
The agreement referenced above will allow Code Enforcement to continue to safely perform demolitions of dangerous buildings in accordance with all applicable federal, state, and local government and agency requirements.
BACKGROUND
When a private property owner is unable or unwilling to do so, the Code Enforcement Division of the City Attorney’s Office is responsible for the demolition of severely damaged structures that pose a significant threat to health and safety as a result of dilapidation, fire, or other elements causing the structure to be uninhabitable and dangerous.
In many cases, a fire will occur after hours, in the middle of the night, or on a weekend; and Code Enforcement is called out to the scene to assess whether the structure is at risk of collapse. In instances where the structural integrity of the building is compromised, qualified Code Enforcement staff will make the decision to summarily demolish the structure. In other non-emergency demolition cases, authority to abate by demolition is obtained through the administrative hearing process. In both scenarios, it is necessary that the potentially hazardous materials be tested and properly handled throughout the demolition process in accordance with applicable laws.
On February 9, 2023, the City Council approved a consultant services agreement for these services. Said agreement will terminate by expiration on February 9, 2025.
The Code Enforcement Division of the City Attorney’s Office recently engaged in the competitive Request for Qualifications (RFQ) process. The Code Enforcement Division worked with the Purchasing Division to solicit Statements of Qualification from professional consulting service providers with the capability and experience necessary to provide the requisite inspection, testing, and supervision of removal of hazardous materials. The RFQ was properly advertised in The Business Journal and published on the City’s Planet Bids website. Eight proposals were received in response to the RFQ. The qualifications of the respondents were evaluated and rated by a committee of four in accordance with the provisions of the RFQ. Leon Environmental Consulting of Fresno, California was determined to be the most qualified respondent.
A standardized consultant services agreement has been used. Upon approval by the City Council, the consultant services agreement will be executed by the City Attorney and will be effective on February 10, 2025.
ENVIRONMENTAL FINDINGS
By definition provided in the California Environmental Quality Act Guidelines Section 15378, the award of this consultant services agreement does not qualify as a “project”.
LOCAL PREFERENCE
Local preference was taken into consideration and Leon Environmental Consulting is a local business pursuant to Fresno Municipal Code 4-109(b).
FISCAL IMPACT
The General Fund is not impacted by this expenditure, as the funding for this agreement is included in the City’s FY25 adopted budget for demolitions.
Attachment: Consultant Services Agreement with Leon Environmental Consulting