Resolution No. 3194-21 Caldor Emergency1
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RESOLUTION NO. 3194-21
A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
DECLARING AN EMERGENCY RELATED TO PROTECTING CRITICAL FACILITIES FROM
CALDOR FIRE, AUTHORIZING CONTRACTS WITHOUT
BIDS, DELEGATING AUTHORITY TO ORDER EMERGENCY ACTION, AND
DETERMINING CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION
WHEREAS, the South Tahoe Public Utility District ("District") is engaged in
the collection, treatment, export and distribution of recycled water and the
diversion, treatment and distribution of potable water within the Tahoe Basin;
and,
WHEREAS, on August 14, 2021, the Caldor Fire broke out in El Dorado
County near Grizzly Flats and Omo Ranch and has since burned over 136,000
acres and is progressing rapidly northeast towards the Tahoe Basin; and,
WHEREAS, on August 17, 2021, Governor Newsom proclaimed a state of
emergency as a result to the wide-spread destruction of the Caldor Fire; and,
WHEREAS, on August 26, 2021 , the El Dorado County Sheriff designated the first
evacuation warning area within the Tahoe Basin, including all of the Christmas Valley;
and,
WHEREAS, critical District water and wastewater facilities are located in
Christmas valley and the expected path of the Caldor Fire if it reaches the Tahoe
Basin; and,
WHEREAS, immediate preparations are required to harden and protect critical
District facilities against Caldor wildfire and to procure supplies and equipment to
support a response to the Caldor Fire; and,
WHEREAS, the Caldor Fire is a fast moving fire with minimal containment and
could enter the Tahoe Basin and impact critical District facilities within a few days;
and,
1 WHEREAS, the District does not have sufficient time for the preparation of
2 bidding documents and advertising for competitive bids in accordance with the
3 California Public Contracting Code and the District's purchasing requirements, which
4 would take several weeks to complete and, during such time, the Caldor Fire could
5 enter the Tahoe Basin and adversely impact critical District facilities; and,
6 WHEREAS, in accordance with Public Contract Code section 22050, substantial
7 evidence has been presented to the District, which demonstrates immediate action is
8 necessary to respond to the emergency and protect critical District facilities, all of
g which will not permit a delay resulting from competitive solicitation for bids or
1 O compliance with the District's purchasing requirements and this action is necessary to
11 respond to the emergency; and,
1 2 WHEREAS, emergency projects are exempt from the requirements of the
1 3 California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section
1 4 15301 relating to existing facilities.
15 NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
16 1.The Caldor Fire is a sudden and unexpected occurrence that poses
1 7 a clear and imminent danger, which could lead to the loss or impairment of life,
1 8 health, property and essential services, and is therefore an emergency pursuant to
1 g section 1102 of the California Public Contract Code.
20 2.Immediate action directly related to the emergency, including
21 procurement of the necessary equipment, services and supplies and
22 hardening and protecting the areas adjacent to the District critical facilities
23 are necessary to respond to the emergency, which will not permit a delay
24 resulting from competitive solicitation for bids or compliance with the District's
2 5 purchasing requirements.
26 3.The General Manager of the District is authorized and directed to
2 7 order any action necessary and appropriate to respond to the emergency
2 8 including repair, restoration, replacement and the procurement of any necessary
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equipment, services and supplies, without giving notice for competitive bids to let
contracts.
4.Emergency action is necessary to prepare for and protect the
District's critical infrastructure from the Caldor Fire and mitigate the emergency
and, as a result, are exempt from the requirements of CEQA pursuant to CEQA Public
Resource Code sections 21080(b)(2) and (4).
5.
6.
File a CEQA notice of Exemption.
Approve expenditures necessary to commence emergency action to
prepare for, and respond to, the Caldor Fire in an amount not to exceed $300,000.
7.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 regularly scheduled meeting held on the 2nd day of September,
2021, by the following vote:
AYES: Cefalu, Romsos, Peterson, Sheehan, Exline
NOES: None
ABSENT: None
Kelly S an, President
South Tahoe Public Utility District
ATTEST:
By: �� Melonie Guttry, Cieri/of the Board
South Ta hoe Public Utility District