Resolution No. 3193-21 DVR Fire Emergency RESOLUTION NO. 3193-21
A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
DECLARING AN EMERGENCY RELATED TO DAMAGE TO THE DIAMOND VALLEY RANCH
FACILITIES, AUTHORIZING CONTRACTS WITHOUT
BIDS, DELEGATING AUTHORITY TO ORDER EMERGENCY ACTION, AND
DETERMINING CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION
7 WHEREAS, the South Tahoe Public Utility District ("District") is engaged in
8 the collection, treatment, export and distribution of recycled water; and,
9 WHEREAS, the District exports recycled water from the Lake Tahoe Basin to
the District's Diamond Valley Ranch in Alpine County, California, where the District
stores recycled water in its Harvey Place Reservoir, delivers recycled water to
12 ranchers for irrigation through the Diamond Valley Ditch, grazes cattle, operates
13 two reservoirs and grows alfalfa (collectively "Diamond Valley Ranch Facilities");
14 and,
15 WHEREAS, on July 4, the Tamarack fire broke out in Alpine County
16 and has since burned over acres including portions of the Diamond
17 Valley Ranch; and,
18 WHEREAS, on July Governor Newsom proclaimed a state of
19 emergency as a result to the wide-spread destruction of the Tamarack fire;
20 and,
21 WHEREAS, on July a severe rain event and microburst ("Rain Event")
22 occurred in Alpine County that caused a debris flow that washed mud, rocks and
23 debris from the fire scorched and denuded hills further compounding the damage
24 caused by the Tamarack fire; and,
25 WHEREAS, the Tamarack fire and Rain Event combined to cause extensive
26 damage to the Diamond Valley Ranch Facilities including, but not limited to the
following damage: Diamond Valley Ditch recycled water facilities (debris in the ditch
preventing recycled water deliveries, unstable and eroded slopes above the ditch
29 and damaged fences); loss of electrical power due to downed power poles and
1 lines; damaged fences and gates around the pastures; damaged roads, debris
2 accumulation in the fresh water ditches restricting flows; unstable trees adjacent to
3 roads; damage to flumes, ditches and dams, and, further damage yet to be
4 determined.
5 WHEREAS, it is critical that the District repair the damage to the Diamond
6 Valley Ranch Facilities, as soon as possible in order to restore the District's critical
7 operations including recycled water deliveries to the ranchers; and,
8 WHEREAS, the preparation of bidding documents and advertising for
9 competitive bids in accordance with the California Public Contracting Code and the
10 District's purchasing requirements would take several weeks to complete and, during
11 such time, the Diamond Valley Ranch Facilities would remain totally or partially
12 shutdown; and,
13 WHEREAS, in accordance with Public Contract Code section 22050, substantial
14 evidence has been presented to the District, which demonstrates immediate action is
15 necessary to address this loss and impairment to repair the Diamond Valley Ranch
16 Facilities and enter into agreements with consultants and contractors to design and
17 perform such repair to the Diamond Valley Ranch Facilities in order to restore
1 $ recycled water deliveries and other critical operations, all of which will not permit a
19 delay resulting from competitive solicitation for bids or compliance with the District's
20 purchasing requirements and this action is necessary to respond to the emergency;
21 and
22 WHEREAS, emergency projects are exempt from the requirements of the
23 California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section
24 15301 relating to existing facilities.
25 NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
26 1 . The damage to the Diamond Valley Ranch Facilities is a sudden
27 and unexpected occurrence that poses a clear and imminent danger, which
28 could lead to the loss or impairment of life, health, property and essential services,
29 and is therefore an emergency pursuant to section 1102 of the California Public
30 Contract Code.
Resolution No.3193-21
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1 2. Immediate action directly related to the emergency, including
2 repair, restoration and other action to procure the necessary equipment,
3 services and supplies is necessary to respond to the emergency, which will not
4 permit a delay resulting from competitive solicitation for bids or compliance
5 with the District's purchasing requirements and this action is necessary to
6 respond to the emergency.
7 3. The General Manager of the District is hereby authorized and
8 directed to order any action necessary and appropriate to respond to the
9 emergency including repair, restoration, replacement and the procurement of
10 any necessary equipment, services and supplies, without giving notice for
11 competitive bids to let contracts.
12 4. Emergency repairs related to the repair, restoration, replacement of
13 Diamond Valley Ranch Facilities is necessary to restore recycled water deliveries
14 and mitigate the emergency are thus exempt from the requirements of CEQA
15 pursuant to CEQA Public Resource Code sections 21080(b)(2) and (4).
16 5. File a CEQA notice of Exemption.
17 6. Approve expenditures necessary to commence emergency repairs to
18 the Diamond Valley Ranch Facilities in an amount not to exceed $300,000.
19 7. This Resolution shall take effect immediately.
20 WE, THE UNDERSIGNED, do hereby certify that the above and foregoing Resolution
21 was duly adopted and passed by the Board of Directors of the South Tahoe Public
22 Utility District at a regularly scheduled meeting held on the 5th day of August, 2021, by
23 the following vote:
24 AYES: Cefalu, Romsos, Peterson, Sheehan, Exline
25 NOES: None
ABSENT: None
26
6-
27 Kelly S a_han, Board President
)io28uth Tahoe Public Utility District
ATTES : r (, {nra
29 Melonie uttry, Clerk of the Board
South Tahoe Public Utility District
30
Resolution No. 3193-21
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