Resolution 2876-09 1 RESOLUTION NO. 2876 -09
2 A Resolution of the South Tahoe Public Utility District
3 Declaring an Emergency, Authorizing Contracts without Bids,
Delegating Authority to Order Emergency Action
4 and Determining CEQA Exemption
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WHEREAS, the South Tahoe Public Utility District (District) is engaged in the
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collection, treatment and disposal of wastewater; and
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WHEREAS, Millich Ditch and Snowshoe Thompson Ditch No. 1 washed out near
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Woodfords, California; and
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WHEREAS, Millich Ditch and Snowshoe Thompson Ditch No. 1 was repaired
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under Resolution No. 2857 -09 in April through June 2009; and
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WHEREAS, Millich Ditch and Snowshoe Thompson Ditch No. 1 is exhibiting
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some erosion damage due to recent rainfall; and
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WHEREAS, the Millich Ditch and Snowshoe Thompson Ditch No. 1 need to be
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repaired to eliminate potential damage to the ditches and adjacent property owners; and
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WHEREAS, the damage related to the Millich Ditch and Snowshoe Thompson
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Ditch No. 1 is an unexpected occurrence posing a clear and imminent danger which
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could lead to the loss or impairment of health, property and /or essential public services;
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WHEREAS, substantial evidence has been provided to the District which
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demonstrates immediate action is necessary to prevent this loss or impairment, repair
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these facilities, and enter into agreements which contractors to design and perform
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such repair necessary to maintain service; and
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WHEREAS, emergency project are exempts from the requirements of the
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California Environmental Quality Act (CEQA) pursuant to CEQA guidelines sections
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15269 and 15369.
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NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
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1. The damage related to the Millich Ditch and Snowshoe Thompson Ditch
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No. 1 is a sudden, unexpected occurrence that poses a clear and imminent danger
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requiring immediate action to prevent or mitigate the loss or impairment of health,
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property and essential services and is therefore an emergency.
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1 2. The emergency will not permit a delay resulting from a competitive
2 solicitation for bids.
3 3. Immediate actions directly related to the emergency, including repair of
4 the Millich Ditch and Snowshoe Thompson Ditch No. 1 and surrounding areas and
5 action to procure the necessary equipment, services and supplies are necessary to
6 respond to the emergency and shall be made without giving notice for bids to let
7 contracts.
8 4. The General Manager and Assistant General Manager /Engineer of the
9 District is hereby authorized and directed to order any action necessary and appropriate
10 to respond to the emergency including repair of the Millich Ditch and Snowshoe
11 Thompson Ditch No. 1 and surrounding areas, and the procurement of any necessary
12 equipment, services and supplies, without giving notice for bids to let contracts.
13 5. Emergency repairs related to the damage for the Millich Ditch and
14 Snowshoe Thompson Ditch No. 1 are necessary to maintain service and repair actions
15 are necessary to mitigate the emergency and are thus exempt from the requirements of
16 CEQA.
17 6. This Resolution shall take effect immediately.
18 WE, THE UNDERSIGNED, do hereby certify that the above and foregoing
19 Resolution was duly adopted and passed by the Board of Directors of the South Tahoe
20 Public Utility District at a Board meeting held on the 5th day of November, 2009, by the
21 following vote:
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AYES: Directors Mosbacher, Rise, Claudio, Jones, Schafer
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NOES: None
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ABSENT: None
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/r/ ` 1ZC _ielcze
27 Ma Lou Mosbacher, Board President
South Tahoe Public Utility District
28 ATTEST:
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30 G), 11
Kathy Sharp Clerk of theteoard