3242-23 Declaring an Emergency1
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RESOLUTION NO.3242-23
A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
DECLARING AN EMERGENCY RELATED TO PROTECTING CRITICAL FACILITIES
FROM WINTER STORMS AND ATMOSPHERIC RIVER, AUTHORIZING CONTRACTS
UVITHOUT BIDS, DELEGATING AUTHORITY TO ORDER EMERGENCY ACTION, AND
DETERMINING CEQA EXEMPTION
WHEREAS, the South Tahoe Public Utility District ("District") is engaged in
he collection, and treatment, of wastewater within the Tahoe Basin portion of El
)orado County, the export to and storage and application treated wastewater in and
o Alpine County, and the diversion, treatment and distribution of potable water
within the Tahoe Basin portion of El Dorado County; and,
WHEREAS, on March 5, 2023, a local state of emergency was proclaimed
or the El Dorado County Sheriff due to a condition of extreme peril to the persons
id property within the county as a result of the winter storms of February and
arch 2023; and,
WHEREAS, on March 8, 2023, Governor Newsom extended to El Dorado
)unty the ongoing California state of emergency to support disaster response and
lief resulting from severe winter storms; and,
WHEREAS, on March 9, 2023, the President of the United States responded
a request from Governor Newson, declaring a disaster for portions of California,
including El Dorado County; and,
WHEREAS, on March 9, 2023, an "atmospheric river" winter storm event
commenced, bringing heavy rain to El Dorado and Alpine Counties on top of a record -
breaking snowpack and causing unstable snow conditions and localized flooding; and,
WHEREAS, critical the District's water and wastewater facilities located in the
Tahoe Basin and Alpine County are in the expected path of the ongoing winter storms;
nd.
WHEREAS, immediate preparations are required to harden, protect and respond
damage of critical District facilities caused by flooding, avalanche and structural
lapse; and,
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WHEREAS, effective March 7, 2023, the General Manager has declared an
emergency and opened the Emergency Operations Center (EOC) to coordinate the
District's emergency response, and
WHEREAS, the District does not have sufficient time for the preparation of bidding
documents and advertising for competitive bids in accordance with the California Public
Contracting Code and the District's purchasing requirements, which would take several
weeks to complete and, during such time, the winter storms are expected to enter the
Tahoe Basin and Alpine County and adversely impact critical District facilities; and,
WHEREAS, in accordance with Public Contract Code section 22050, substantial
evidence has been presented to the District, which demonstrates immediate action is
necessary to respond to the emergency and protect critical District facilities, all of which
will not permit a delay resulting from competitive solicitation for bids or compliance with
the District's purchasing requirements and this action is necessary to respond to the
emergency; and
WHEREAS, emergency projects are exempt from the requirements of the
California Environmental Quality Act (CEQA) pursuant to CEQA guidelines section 15301
relating to existing facilities.
NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
1. The winter storms are sudden and unexpected occurrences that pose a
clear and imminent danger, which could lead to the loss or impairment of life, health,
property and essential services, and is therefore an emergency pursuant to section 1102
of the California Public Contract Code.
2. Immediate action directly related to the emergency, including
procurement of the necessary equipment, services and supplies and hardening
and protecting the areas around District critical facilities are necessary to respond
to the emergency, which will not permit a delay resulting from competitive
solicitation for bids or compliance with the District's purchasing requirements.
3. The General Manager of the District is authorized and directed to order
any action necessary and appropriate to respond to the emergency including repair,
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restoration, replacement and the procurement of any necessary 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 winter storms 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. File a CEQA notice of Exemption.
6. Approve expenditures necessary to commence emergency action to
prepare for, and respond to, the winter storms 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 16th day of March 2023, by the
following vote:
AYES:Haven,Romsos,Peterson,Sheehan,Exline
NOES: None
ABSENT: None
David Pete on, President
South Tahoe Public Utility District
ATTEST:
7-- & 4 2 z � A- �-Z--tz
By:
Melonie Guttry, Clerk of the Board