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Resolution 2834-07 '-' ~ \., 1 2 3 4 5 6 7 RESOLUTION NO. 2834-07 A RESOLUTION OF THE SOUTH TAHOE PUBLIC UTILITY DISTRICT DECLARING AN EMERGENCY, AUTHORIZING CONTRACTS WITHOUT BIDS, DELEGATING AUTHORITY TO ORDER EMERGENCY ACTION AND DETERMINING CEQA EXEMPTION ANGORA FIRE EMERGENCY RESPONSE PROJECT BE IT RESOLVED, by the Board of Directors of the South Tahoe Public Utility 8 District, County of EI Dorado, State of California, as follows: 9 10 11 12 WHEREAS, more than 220 homes served by District facilities have been moderately or severely damaged by fire since June 24,2007 (ie., the Angora Fire); and WHEREAS, these moderately and severely damages homes may also have 13 experienced damage to their water and sewer service connections; and 14 WHEREAS, damaged services, both water and sewer, pose an immediate threat 15 16 to the District's water distribution, sewer collection and wastewater treatment systems; 17 and 18 19 WHEREAS, fire-fighting and other emergency response activities within the limits of the District's service area may have resulted in damage to fire hydrants on the District 20 21 water distribution system; and 22 WHEREAS, damaged hydrants pose an immediate threat to the District's water 23 distribution system and the firefighters' ability to fight future fire in the affected area; and 24 25 26 WHEREAS, the areas already affected by the fire will continue to be at great risk of fire in the immediate future; and 27 11/ 28 11/ 29 30 11/ '-' \., '-' 1 Resolution 2834-07 2 Page 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 solicitation for bids. 28 29 11/ 30 11/ WHEREAS, substantial evidence has been provided to the District which demonstrates immediate action is necessary to prevent declining function and/or contamination of the water distribution systems, blockage of the sewer collection system, and blockage and/or upset of the wastewater treatment plant; and WHEREAS, the District must enter into agreements with contractor and vendors to abandon the services and to test and replace the hydrants, as needed; and WHEREAS, emergency projects are exempt from the requirements of the California Environmental Quality Act (cEQA) pursuant to cEQA guidelines sections 15269. NOW, THEREFORE BE IT RESOLVED AS FOLLOWS: 1. The circumstances concerning the substantial risk for loss of pressure or contamination of the water system, overloading and/or plugging of the sewer system and treatment plant, and reduction in fire fighting capacity as a result of damage from the Angora Fire constitute an emergency within the meaning of the Public Contract Code Sections 1102 and 22050 and Public Resources Code Section 21060.3. 2. Abandonment of water and sewer services at locations where they were damaged by fire, and testing and replacement of fire hydrants on the District water system in the area affected by fire constitutes an emergency project exempt from the requirements of cEQA. 3. The emergency will not permit a delay resulting from a competitive ... \. \., 1 2 3 4 5 6 7 8 Resolution 2834-07 Page 3 4. Immediate actions directly related to the emergency, including abandonment of services and testing and replacement of hydrants, and related work and actions to procure the necessary equipment, services and supplies as necessary to respond to the emergency, shall be made without competitive bidding to let contracts. 5. The Assistant General Manager of the District is authorized and directed 9 to order any action necessary and appropriate to respond to the emergency. 10 11 12 13 14 15 by the following vote: 16 17 18 19 ABSENT: None 20 21 22 23 24 25 26 27 ATTEST: 28 29 30 6. 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 5th day of July, 2007, AYES: Directors Wallace, Jones, Schafer, Farrell, Mosbacher NOES: None