Resolution 2857-09k
4AW
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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
could lead to the loss or impairment of health, property and/or essential public services;
WHEREAS, substantial evidence has been provided to the District which
demonstrates immediate action is necessary to prevent this loss or impairment, repair
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.
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4jW 30
Resolution 2857-09
Page 2
3. Immediate actions directly related to the emergency, including repair or
replacement of the Millich Ditch and Snowshoe Thompson Ditch No. 1 and action to
procure the necessary equipment, services and supplies are necessary to respond to
the emergency and shall be made without giving notice for bids to let contracts.
4. The General Manager of the District is hereby authorized and directed to
order any action necessary and appropriate to respond to the emergency including
repair or replacement of the Millich Ditch and Snowshoe Thompson Ditch No. 1, and the
procurement of any necessary equipment, services and supplies, without giving notice
for bids to let contracts.
5. Emergency repairs related to the damage for the Millich Ditch and
Snowshoe Thompson Ditch No. 1 are necessary to maintain service and repair actions
are necessary to mitigate the emergency and are thus exempt from the requirements of
CEQA.
6. This Resolution shall take effect immediately.
WE, THE UNDERSIGNED, do hereby certify that the above and foregoing
Resolution was duly adopted and passed by the Board of Directors of the South Tahoe
Public Utility District at an emergency Board meeting held on the 21 st day of April,
2009, by the following vote:
AYES:
NOES:
ABSENT:
ATTEST:
Kathy Sha
Directors Mosbacher, Rise, Claudio, Jones
None
Director Schafer
Mary ou Mosbacher, Board President
Sout Tahoe Public Utility District
rk of the 130'ard