Resolution 2902-121
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RESOLUTION NO. 2902 -12
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, the District's collection system includes a 12 -inch sewer line
approximately 1,000 feet from the intersection of Country Club and Bakersfield;
WHEREAS, an inspection of this line by District personnel and retained
consultants has revealed that the line is exposed in the Upper Truckee River and that
the river bank is eroding within a few feet of the line's manhole; and
WHEREAS, the damage to the line protection and manhole could potentially
result in a rupture of the pipeline at any time with a consequent discharge of wastewater
into the Upper Truckee River
WHEREAS, the sewer line and manhole need to be protected before the 2012
spring runoff; and
WHEREAS, the damage and danger to the manhole and sewer line are
unexpected occurrences posing a clear and imminent danger, which could lead to the
loss or impairment of health, property and /or essential public services; and
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 with 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 and danger to the sewer line protection and manhole off
Country Club near Upper Truckee River, are unexpected occurrences that pose a clear
and imminent danger which could lead to the loss or impairment of health, property and
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essential services, and are therefore an emergency, pursuant to Section 1102 of the
Public Contract Code.
2. The emergency will not permit a delay resulting from a competitive
solicitation for bids.
3. Immediate actions directly related to the emergency, including protection
to both the manhole and sewer line 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 and Assistant General Manager /Engineer of the
District are hereby authorized and directed to order any action necessary and
appropriate to respond to the emergency including protection to the manhole and sewer
line and surrounding areas, and the procurement of any necessary equipment, services
and supplies, without giving notice for bids to let contracts.
5. Emergency repairs related to the protection of the manhole and sewer
line 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 a Board meeting held on the 5th day of January, 2012, by the
following vote:
AYES: Cefalu, Jones, Vogelgesang, Sheehan, Schafer
NOES: None
ABSENT: None
ATTEST:
Kathy Shar
Jerk of the Bo
rd
Eric Schafer, BohrdUPresident
South Tahoe Public Utility District