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AP 04-21-09 Emergency Meeting0 04 t * 1 0 A _ t SOUTH TAHOE PUBLIC UTILITY DISTRICT "Basic Services for a Complex World" NOTICE OF EMERGENCY BOARD MEETING April 21, 2009 8:30 A.M. District Office 1275 Meadow Crest Drive, South Lake Tahoe, California Richard Solbri , General Manager Paul Sciuto, Assistant Manager Mary Lou Mosbacher, President BOARD MEMBERS Dale Rise, Vice President James R. Jones, Director Eric W. Schafer, Director Ernie Claudio, Director 1. CALL MEETING TO ORDER 2. ITEMS FOR BOARD ACTION REQUESTED BOARD ACTION a. Snowshoe Thompson Ditch No. 1 Leak (Hal Bird) (1) Determine an Emergency Exists Pursuant to Section 1102 of the Public Contract Code; (2) Determine Substantial Evidence has Been Presented to Authorize an Exception be Made to Section 22050 of the Public Contract Code that this Emergency will Not Permit a Delay Resulting from a Competitive Solicitation for Bids and that this Action is Necessary to Respond to the Emergency; EMERGENCY MEETING AGENDA - APRIL 21, 2009 PAGE - 2 (3) Adopt Resolution No. 2857-09 Delegating Authority to the General Manager and Assistant General Manager/Engineer to Order any Action Necessary to Respond to to this Emergency and Determining this Project is Exempt from CEQA; (4) Approve Expenditures Necessary to Start Emergency Repairs 3. ADJOURNMENT South Tahoe Public Utility District - 1275 Meadow Crest Drive - South Lake Tahoe, CA 96150 Phone 530.544.6474 - Facsimile 530.541.0614 - www.stpud.us - r 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 RESOLUTION NO. 2857-09 A Resolution of the South Tahoe Public Utility District Declaring an Emergency, Authorizing Contracts without Bids, Delegating Authority to Order Emergency Action and Determining CEQA Exemption WHEREAS, the South Tahoe Public Utility District (District) is engaged in the collection, treatment and disposal of wastewater; and WHEREAS, Millich Ditch and Snowshoe Thompson Ditch No. 1 to wash out near Woodfords, California; and WHEREAS, the Millich Ditch and Snowshoe Thompson Ditch No. 1 need to be repaired to allow fresh water irrigation of the adjacent pasture lands and eliminate further damage to downstream property owners; and WHEREAS, the damage related to the Millich Ditch and Snowshoe Thompson Ditch No. 1 is an unexpected occurrence posing a clear and imminent danger which 1 could lead-tsthe 4as&-or-4mpairment-of-healt#,$reper4yandlar-~sse~^Ttiafpublic-services; WHEREAS, substantial evidence has been provided to the District which demonstrates immediate action is necessary to prevent this loss or impairment, repair I these facilities, and enter into agreements which contractors to design and perform such repair necessary to maintain service; and WHEREAS, emergency project are exempts from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA guidelines sections 15269 and 15369. NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The damage related to the Millich Ditch and Snowshoe Thompson Ditch No. 1 is a sudden, unexpected occurrence that poses a clear and imminent danger requiring immediate action to prevent or mitigate the loss or impairment of health, property and essential services and is therefore an emergency. 2. The emergency will not permit a delay resulting from a competitive solicitation for bids. N 1 11 Resolution 2857-09 2 Page 2 3 3. Immediate actions directly related to the emergency, including repair or 4 replacement of the Millich Ditch and Snowshoe Thompson Ditch No. 1 and action to 5 procure the necessary equipment, services and supplies are necessary to respond to 6 the emergency and shall be made without giving notice for bids to let contracts. 7 4. The General Manager of the District is hereby authorized and directed to 8 order any action necessary and appropriate to respond to the emergency including 9 repair or replacement of the Millich Ditch and Snowshoe Thompson Ditch No. 1, and the 10 procurement of any necessary equipment, services and supplies, without giving notice 11 for bids to let contracts. 12 5. Emergency repairs related to the damage for the Millich Ditch and 13 Snowshoe Thompson Ditch No. 1 are necessary to maintain service and repair actions 14 are necessary to mitigate the emergency and are thus exempt from the requirements of 15 I CEQA. 16 6. This Resolution shall take effect immediately. 17 WE, THE UNDERSIGNED, do hereby certify that the above and foregoing 18 Resolution was duly adopted and passed by the Board of Directors of the South Tahoe 19 Public Utility District at an emergency held on the 21 st day of April, 2009, by the 20 following vote: 21 22 AYES: 23 NOES: 24 ABSENT: 25 26 Mary Lou Mosbacher, Board President 27 South Tahoe Public Utility District ATTEST: 28 29 11 30 11 Kathy Sharp, Clerk of the Board