Resolution No. 3230-22 Declaring an Emergency - DVR 1 RESOLUTION NO.3230-22
2 A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
3 DECLARING AN EMERGENCY RELATED TO DAMAGE TO THE DIAMOND VALLEY RANCH
FACILITIES, AUTHORIZING CONTRACTS WITHOUT
4 BIDS, DELEGATING AUTHORITY TO ORDER EMERGENCY ACTION, AND
5 DETERMINING CALIFORNIA ENVIRONMENTAL QUALITY ACT EXEMPTION
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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
10 the District's Diamond Valley Ranch in Alpine County, California, where the District
11 stores recycled water in its Harvey Place Reservoir, delivers recycled water to
12 ranchers for irrigation through the Diamond Valley Ditch, operates freshwater
1 3 ditches, grazes cattle, operates two reservoirs and grows alfalfa (collectively
14 "Diamond Valley Ranch Facilities"); and,
15 WHEREAS, on July 4, 2021, the Tamarack fire broke out in Alpine County
16 and has since burned over 68,000 acres (the majority of the watershed)
17 including portions of the Diamond Valley Ranch; and,
18 WHEREAS, on July 23, 2021, Governor Newsom proclaimed a state of
19 emergency as a result to the wide-spread destruction of the Tamarack fire;
20 and,
21 WHEREAS, beginning on August 4, 2022, a severe rain event and microburst
22 ("Rain Event") has occurred and will likely continue to occur, in Alpine County that
23 caused a debris flow that washed mud, rocks and debris from the fire scorched and
24 denuded hills further compounding the damage 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
27 following damage: damaged roads, debris accumulation in the fresh water ditches
28 restricting flows; and, further damage yet to be determined.
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1 WHEREAS, it is critical that the District repair the damage to the Diamond
2 Valley Ranch Facilities, as soon as possible in order to restore the District's critical
3 operations and,
4 WHEREAS, the preparation of bidding documents and advertising for
5 competitive bids in accordance with the California Public Contracting Code and the
6 District's purchasing requirements would take several weeks to complete and, during
7 such time, the Diamond Valley Ranch Facilities would remain totally or partially
8 impacted; and,
9 WHEREAS, in accordance with Public Contract Code section 22050, substantial
10 evidence has been presented to the District, which demonstrates immediate action is
11 necessary to address this loss and impairment to repair the Diamond Valley Ranch
12 Facilities and enter into agreements with consultants and contractors to design and
13 perform such repair to the Diamond Valley Ranch Facilities in order to restore critical
14 operations, which will not permit a delay resulting from competitive solicitation for
15 bids or compliance with the District's purchasing requirements and this action is
16 necessary to respond to the emergency; and
17 WHEREAS, emergency projects are exempt from the requirements of the
18 California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section
19 15301 relating to existing facilities.
20 NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
21 1. The damage to the Diamond Valley Ranch Facilities is a sudden
22 and unexpected occurrence that poses a clear and imminent danger, which
23 could lead to the loss or impairment of life, health, property and essential services,
24 and is therefore an emergency pursuant to section 1102 of the California Public
25 Contract Code.
26 2. Immediate action directly related to the emergency, including
27 repair, restoration and other action to procure the necessary equipment,
28 services and supplies is necessary to respond to the emergency, which will not
29 permit a delay resulting from competitive solicitation for bids or compliance
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Resolution No.3230-22
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1 with the District's purchasing requirements and this action is necessary to
2 respond to the emergency.
3 3. The General Manager of the District is hereby authorized and
4 directed to order any action necessary and appropriate to respond to the
5 emergency including repair, restoration, replacement and the procurement of
6 any necessary equipment, services and supplies, without giving notice for
7 competitive bids to let contracts.
8 4. Emergency repairs related to the repair, restoration, replacement of
9 Diamond Valley Ranch Facilities is necessary to restore recycled water deliveries
10 and mitigate the emergency are thus exempt from the requirements of CEQA
11 pursuant to CEQA Public Resource Code sections 21080(b)(2) and (4).
12 5. File a CEQA notice of Exemption.
13 6. Approve expenditures necessary to commence emergency repairs to
14 the Diamond Valley Ranch Facilities in an amount not to exceed $300,000.
15 7. This Resolution shall take effect immediately.
16 WE, THE UNDERSIGNED, do hereby certify that the above and foregoing Resolution
17 was duly adopted and passed by the Board of Directors of the South Tahoe Public
18 Utility District at a regularly scheduled meeting held on the 4th day of August, 2022, by
19 the following vote:
20 AYES: Cefalu, Romsos, Peterson, Sheehan, Exline
None
NOES:
21
ABSENT: None
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23'� Kel S eehan, Board President
Sou Tahoe Public Utility District
24 A_T_TEST: , 7*7/11.,
- 25 _ Melonie Guttry, Clerk of the Board
South Tahoe Public Utility District
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Resolution No.3230-22
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