Resolution 2808-06 1 RESOLUTION NO. 2808-06
2 A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT
3 DECLARING AN EMERGENCY, AUTHORIZING CONTRACTS WITHOUT BIDS,
DELEGATING AUTHORITY TO ORDER EMERGENCY ACTION
4 AND DETERMINING CEQA EXEMPTION
5 WHEREAS, the South Tahoe Public Utility District (District) is engaged in the
6 collection, treatment and disposal of wastewater; and
7 WHEREAS, severe weather conditions and excessive runoff caused the
8 Diamond Ditch to wash out near Woodfords, California; and
9 WHEREAS, the Diamond Ditch needs to be repaired to allow recycled water
10 irrigation of the adjacent pasture lands and prevent spilling from Harvey Place
11 Reservoir; and
WHEREAS, replacement of the ditch will be by installation of concrete lining and
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clay soils; and
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WHEREAS, the damage related to the Diamond Ditch is an unexpected
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occurrence posing a clear and imminent danger which could lead to the loss or
15 impairment of health, property and/or essential public services; and
16 WHEREAS, substantial evidence has been provided to the District which
17 demonstrates immediate action is necessary to prevent this loss or impairment, repair
18 these facilities, and enter into agreements with contractors to design and perform such
19 repairs necessary to maintain service; and
20 WHEREAS, emergency projects are exempt from the requirements of the
21 California Environmental Quality Act (CEQA), pursuant to CEQA guidelines sections
22 15269 and 15369.
23 NOW, THEREFORE BE IT RESOLVED AS FOLLOWS:
24 1. The damage related to the Diamond Ditch is a sudden, unexpected
25 occurrence that poses a clear and imminent danger requiring immediate action to
prevent or mitigate the loss or impairment of health, property and essential services and
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is therefore an emergency.
27 2. The emergency will not permit a delay resulting from a competitive
28 solicitation for bids.
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1 Resolution 2808-06
2 Page 2
3 3. Immediate actions directly related to the emergency, including repair or
4 replacement of the Diamond Ditch and actions to procure the necessary equipment,
5 services and supplies are necessary to respond to the emergency and shall be made
6 without giving notice for bids to let contracts.
4. The General Manager of the District is hereby authorized and directed to
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order any action necessary and appropriate to respond to the emergency including
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repair or replacement of the Diamond Ditch, and the procurement of any necessary
9 equipment, services and supplies, without giving notice for bids to let contracts.
10 5. Emergency repairs related to the damage for the Diamond Ditch are
11 necessary to maintain service and repair actions are necessary to mitigate the
12 emergency and are thus exempt from the requirements of CEQA.
13 6. This Resolution shall take effect immediately.
14 We, the undersigned, do hereby certify that the above and foregoing resolution
15 was duly and regularly adopted and passed by the Board of Directors of the South
16 Tahoe Public Utility District at a regular meeting duly held on the 6th day of April, 2006,
17 by the following vote:
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19 AYES: Directors Jones, Wallace, Schafer, Comte, Mosbacher
20 NOES: None
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ABSENT: None
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23 J
24 Eric W. Sch er, Bar/rd President
South Tahoe Public Utility District
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26
27
28 ATTEST:
29 Amur
Kathy SharlClerk of the :bard
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