HomeMy WebLinkAbout2009-12 Gobbi Street and Orchard Avenue Well ConstructionS®LTJTI®N IVY. 2009-12
E AS:
1. The City Council for the City of Ukiah has item no. l0A on the agenda for its
March 4, 2009, meeting far the adoption of specifications 09-06 for the construction of a test
well at Gobbi Street and Orchard Avenue and to issue requests for bids for the same; and
2. Since the preparation of the agenda for the March 4, 2009, regular City Council
meeting, Governor Arnold Schwarzenegger, the Governor of the State of California, has issued a
proclamation, dated February 27, 2009, a copy of which is attached to this Resolution as Exhibit
A, proclaiming a water shortage in the State of California as a state of emergency and ordering
immediate action to manage the crisis; and
3. On February 26, 2009, after the preparation of the agenda for the City's March 4,
2009, meeting, Victoria A. Whitney, Deputy Director for Water Rights for the State of California
Water Resources Control Board, issued a notice which was served on the City of Ukiah, a copy
of which is attached hereto as Exhibit B, advising the City that "there will not be sufficient
surface water available during the year for those who hold water permits, licenses, and
registrations issued by the State Water Board. If water supply conditions do not improve, permit,
license, and registration holders may be curtailed. It may even become necessary this year in
some parts of the State to curtail more senior water rights, such as riparian rights or pre-1914
rights. * * * Consequently, you should look into acquiring a firm alternative sources of water,
such as a well pumping from groundwater that does not require a water right permit, purchase
water from someone that pumps groundwater or has a storage reservoir, or recycled wastewater.
* * * If you hold a water right for domestic municipal use, you may also need to reduce water
use and seek alternative supplies. If there are no alternative supplies available, you may be
required to reduce water use down to what is necessary for health and safety purposes"; and
4. Based on Governor Schwarzenegger's proclamation finding that drought
conditions exist and declaring a water emergency and the notice from the State Water Resources
Control Board, that there will "not be sufficient surface waters available during the year" for the
City to utilize to provide essential water services to the residents of the City of Ukiah, the City
Council hereby declares that an emergency situation exists requiring the City to take direct and
immediate action to construct the Gobbi Street and Orchard Avenue well ("Well") to provide a
sufficient quantity of water necessary to meet the essential water needs of the residents of the
City of Ukiah; and
5. Because the residents of the City of Ukiah place the greatest demands on the City
to provide them with water during the summer months, and in order to ensure that there is a
sufficient quantity of water to meet the essential water needs of the residents of the City of
Ukiah, the Well will have to be constructed and on line prior to August 1, 2009; and
6. City staff has determined how long it would take to construct the Well if the City
went through the formal competitive bidding process required under the California Public
Contracts Code; and
7. Based upon the City staff's projected schedule, a copy of which is attached hereto
as Exhibit C, City staff has determined that the only way that the Well can be constructed and
on line and available to the City to provide essential water service to City residents during the
critical summer months, is if the City does not go through the competitive bidding process for
the construction of the Well.
N®VV, TIIE F®RE, ~ASEI) ®N TIIE F® G®ING FACTS, IT' IS ICE ~'~'
S®I.,VEI), as follows:
1. Substantial evidence has been provided to the City Council to allow it to
determine and declare that an emergency water situation exists requiring the City to take
immediate action to obtain an alternative supply of water to ensure that the City and its residents
do not run out of water this summer;
2. In order to ensure that the residents of the City of Ukiah have a sufficient quantity
of water this summer to meet their most basic water needs, the City needs to take immediate
action to construct the Well;
3. There is not sufficient time to construct the Well, have it on line and have the
water from the well available to the residents of the City of Ukiah this summer, if the City goes
through the formal competitive bid process required under the California Public Contracts Code;
4. This water emergency will not permit a delay resulting from the competitive
solicitation for bids for the construction of the Well, therefore, the City Council directs the City
Manager to take direct and immediate action to construct the Weli without going through the
formal competitive bid process;
5. The City Council is taking this action pursuant to Public Contracts Code § 22050,
which authorizes the City Council to not undertake the competitive bid process when such action
is necessary in order to respond to an emergency situation; and
6. Pursuant to Public Contracts Code § 22050(b)(3}, the City Manager is directed to
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2
report back to the City Council at its next regular meeting setting forth the reasons justifying why
the emergency will not permit a delay resulting from the competitive solicitation for bids for the
Well and why the action is necessary to respond to the emergency.
PASSED AND ADOPTED this 4th day of March, 2009, by the following four-fifths roll call
vote:
AYES:
NOES:
ABSENT:
ABSTAIN
Councilmembers Landis, Thomas, Crane, Rodin, and Mayor Baldwin
None
None
None
Philip .Baldwin, Mayor
-ATTE TEb ~ ,~--'
- ~~.
' da C. r n, i Clerk
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Proclaims Sfate of Emergency, Direcfs Govemmentfo Utilize Resources, !~'u[4trr,Sc,~,liy.~ct,,).i~`i;{;;
Help People
Ta combat California's third consecutive year of draught, Governor Arnold
Schwarzenegger #oday proclaimed a state of emergency and ordered
immediate action to manage the crisis. !n the proclamation, the Governor
uses hts authority #o direct all state government agencies to utilize their
resources, implement a state emergency plan and provide assistance for
people, communities and businesses impacted by the drought.
"Even with the recent rainfall, California faces its third consecu#ive year of
draught and we must prepare for the worst - a fourth, fifth or even sixth year
of drought," Governor Schwarzenegger said. "Last year we experienced the
driest spring and summer on record and storage in the s#ate's reservoir
system is near historic laws. This drought is having a devastating impact on
our people, our communities, our economy and our environment -making
today's action absolutely necessary. This is a crisis, jus# as severe as an
earthquake or raging wildfire, and we must treat it with the same urgency by
upgrading California's water infrastructure to ensure a clean and reliable
water supply for our growing state."
The Governor's order directs various state departments to engage in activity
to provide assistance to people and communities impacted by the drought.
The proclamation:
~ Requests that aN urban water users immediately increase their water
conservation activities in an effort to reduce #heir individual water use
by 2d percent
~ Directs the Department of Water Resources {DWR) to expedite water
transfers and related efforts by water users and suppliers
® Directs DWR to offer technical assistance to agricultural water
suppliers and agricultural water users, including information on
managing water supplies to minimize economic impacts and
implementing efficient water managemen# practices
a Directs DWR to implement short-term efforts to protect water quality or
water supply, such as the installation of temporary barriers in the Delta
or temporary water supply connections
~ Directs the Labor and Workforce Development Agency to assist the
labor market, including job training and financial assistance
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a DireC#s DWR to join with other appropriate agencies to launch a
statewide wafer conservation campaign calling for aN Californians to
immediately decrease their water use
~ Directs state agencies to immedia#ely implement a water use reduction
plan and take immediate water conservation actions and requests that
federal and local agencies also implement water use reduction plans
for facilities within their control
In particular, the order directs that by March 30, 2009, DWR shall provide an
updated report on the state's drought conditions and water availability.
ACCarding to the proclamation, if the emergency conditions have not been
sufficiently mi#igated, the Governor wilt consider additional steps. These
could include the institution of mandatory water rationing and mandatory
reductions in water use; reoperation of major reservoirs in the state to
minimize impacts of the drought; addi#ionaf regulatory relief or permit
streamlining as allowed under the Emergency Services Act; and other
actions necessary to prevent, remedy or mitigate the effects of the extreme
drought conditions.
DWR and Galifornia's Department of Food and Agricul#ure will also
recommend, wi#hin 30 days, measures to reduce the economic impacts of
the drought, including but no# limited to water transfers, through-Delta
emergency #ransfers, water conservation measures, efficient irrigation
practices, and improvements to the California Irrigation Management
Information System.
Last week, DWR announced tha# California's severe drought had prevented
it from increasing its State Water Project {SWP} delivery allocations for the
first time since 2001. This year's allocation as of February is at just 15
percent of SWP contractor's requests. This is only the secand time in SWP
history that the February allocation has been this low.
The drought conditions and water restrictions are causing additional
devastating economic and business losses. Agricultural revenue losses
exceed $300 mil€ion to date and could exceed $2 billion in the coming
season, with a total economic loss of Hearty $3 billion in 2009.
Full text of proclamation:
A PROCLAMATION!
BY THE GOVERNOR OF THE STATE OF CALIFORNIA
WHEREAS the State of California is now in its third consecutive year of
drought; and
WHEREAS in each year of the current drough#, annual rainfall and the water
content in the Sierra snowpatk have been significantly below the amounts
needed to fill California's reservoir system; and
WHEREAS the rainfall and snowpack deficits in each year of the current
drough# have put California further and further behind in meeting its essential
water needs; and
WHEREAS statewide, 2008 was the driest spring and summer on retard,
with rainfall 76 percent below average; and
WHEREAS the Sacramento and San Joaquin River systems, which provide
moth of the state's reservoir inflow, were Classified as Critically Dry for the
2048 water year; and
WHEREAS in the second year of this continuous drought, on June 4, 2008, t
issued an Executive Order proclaiming a statewide drought, and I ordered
my administration to begin taking action to address the water shortage; and
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~~, WHEREAS because emergency conditions existed in the Central Vaiiey in
the second year of the drought, E issued an Emergency Proclamation on
June 12, 2008, finding that conditions of extreme peril to the safety of
persons and property existed in the counties of Sacramento, San Joaquin,
Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and Kern caused by
severe drought conditions, and I ordered my administration to take
emergency action to assist the Central Valley; and
WHEREAS the drought conditions and water delivery limitations identified in
my prior Executive Order and Emergency Prociamation s#ill exist, and have
become worse in this third year of drought, creating emergency conditions
not just in the Central Valley, but throughout the State of Califomia, as the
adverse environmental, economic, and social impacts of the drought cause
widespread harm to people, businesses, property, communities, wildlife and
recreation; and
WHEREAS despite the recent rain and snow, the three year cumulative
water deficit is so large there is only a 15 percent chance that California will
replenish its water supply this year; and
WHEREAS in the time since the state's last major drought in 1991,
California added 9 million new residents, experienced a significant increase
in the planting of permanent, high-value crops not subject to fallowing, and
was subjected to new biological opinions that reduced the flexibili#y of water
operations throughout the year; and
WHEREAS because there is no way to know when the draught will end,
further urgent action is needed to address the water shortage and protect
the people and property in California; and
WHEREAS rainfall levels statewide for the 2008-2009 water year are 24
percent below average as of the February 1, 2009 measurement; and
WHEREAS the second snow pack survey of the 2009 winter season
indicated that snow pack water content is 39 percent below normal; and
WHEREAS as of February 23, 2009, storage in the state's reservoir system
is at a historic low, with Lake Oroville 70 percent below capacity, Shasta
Lake 66 percent below capacity, Folsom Lake 72 percent below capacity,
and San Luis Reservoir 64 percent below capacity; and
WHEREAS low water levels in the state's reservoir system have significantly
reduced the ability to generate hydropower, including a 62 percent reduction
in hydropower generation at Lake Oroville from October 1, 2008 to January
31, 2009; and
WHEREAS a biological opinion issued by the United States Fish and Wildlife
Service on December 15, 2008, imposed a 30 percent restriction on water
deliveries from the S#ate Water Project and the Central Valley Project to
protect Delta Smelt; and
WHEREAS State Water Project water alloca#ions have now been reduced #o
15 percent of requested deliveries, matching 1991 as the lowest water
allocation year in State Water Project history, and Central Valley Project
water allocations for agricultural users have now been reduced to zero: and
WHEREAS the lack of water has forced California farmers to abandon or
leave unplanted mare than 100,000 acres of agricultural land; and
WHEREAS California farmers provide nearly half of the fresh fruits, nuts and
vegetables consumed by Americans, and the crop losses caused by the
drought will increase food prices, which will further adversely impact families
and economies throughout California and beyond our borders; and
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Goy-. Sci~~~~ztrzenegger "I'alces A.cti~n. to 1~ddress Califc~t-iiia's Water Shortage -Dress I2.i;Iea... Pale 4 of 7
WHEREAS agricultural revenue losses exceed $300 million to date and
could exceed $2 billion in the coming season, with a total economic lass of
nearly $3 billion in 2009; and
WHEREAS it is expected that State Water Project and Central VaAey Project
water delivery reductions will cause more #pan 80,000 lost jabs; and
WHEREAS the incame and job losses will adversely impact entire
communities and diverse sectors of the economy supported by those jabs
and incame, including the pausing market and commercial business; and
WHEREAS these conditions are causing a loss of livelihood far many
thousands ofi people, an inability to provide for families, and increased perm
to the communities that depend on them; and
WHEREAS Phis loss of income and jabs will increase the number of defaults,
foreclosures and bankruptcies, and will cause a loss of businesses and
property at a time when Californians are already struggling with a nationwide
and worldwide economic downturn; and
WHEREAS the Central Valley town of Mendo#a, as one example, already
reporfs an unemployment rate of more than 40 percent and lines of a
thousand or more for food distribution; and
WHEREAS when jabs, property and businesses are lost, same families will
move away from their communities, causing further harm to local
economies, lower enrollments in local schools and reduced funding far
schools; and
WHEREAS at least 18 IacaE water agencies throughout the state pave
already implemented monde#ory wa#er conservation measures, and 57
agencies have implemen#ed other water conservation programs or
restrictions an water deliveries, with many agencies considering additional
rationing and wafer supply reductions in 2008; and
WHEREAS the lack of water pas forced local communities to draw water
from their emergency water reserves, putting cammuni#ies at risk of further
catastrophe if emergency reserves ara depleted or cut off; and
WHEREAS the state recently endured one of its worst wildfire seasons in
history and the continuing drought conditions increase the risk of devastating
fires and reduced water supplies far fire suppression; and
WHEREAS an February 26, 2009, tpe United States Department of
Agriculture and the United States Department of Interior created a Federal
Drought Action ream to assist California to minimize the social, economic,
and environmental impacts of the current drought; and
WHEREAS tpe circumstances of the severe drought conditions, by reason
of their magnitude, are beyond the control of the services, personnel,
equipment and facilities of any single county, city and county, or city and
require the combined forces of a mutual aid region or regions to combat; and
WHEREAS under the provisions of section 8558(b} of the Galifomia
Government Code, I find that conditions of extreme peril to the safety of
persons and property exist in California caused by the current and
continuing severe drought conditions and water delivery restrictions.
NOW, THEREFORE, I, ARNOLD SCHWARZENEGGER, Governor of the
State of Gaiifomia, in accordance with tpe authority vested in me by the
California Cons#itution and the California Emergency Services Act, and in
particular California Government Code sections 8625 and 8571, HEREBY
PROCLAIM A STATE OF EMERGENCY to exist in California.
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C:ic~v. Scf~~uar~er~egger `~'a.kes Elctic~l~ to 1~dd.ress Califtrr~~ia's Water 5lrcrrtage -Press Relea... Page 5 of 7
IT tS HEREBY ORDERED that all agencies of the state government utilize
and employ state personnel, equipment and facilities for the perEprmance of
any and ail activities consistent with the direction of the California
Emergency Management Agency (CaIEMA) and the State Emergency Plan.
E FURTHER DIRECT THAT:
1. The California Department of Water Resources (DWR) shall, in
partnership with other appropriate agencies, launch a statewide water
conservation campaign calling for all Californians to immediately decrease
their wafter use.
2. DWR shall implemen# the relevant mitigation measures identified in the
Environmental Water Account Environmental Impact Report, Environmental
Impact Statement, Supplement, and Addendums for the wa#er transfers
made through the 2009 Drough# Water Bank. In addition, the California Air
Resources Board shall, in coapera#ion with DWR and other agencies,
expedite permitting and development of mitigation measures related to air
quality impacts which may result from groundwater substitution transfers.
3. DWR and the State Water Resources Gontral Board (SWRCB) shall
expedite the processing of water transfers and rela#ed efforts by water users
and suppliers #hat cannot participate in the 2009 Draught Water Bank,
provided the water users and suppliers can demonstrate that the transfer will
not injure other legal users of water or cause unreasonable effects an fish
and wildlife.
4. The SWRCB shall expedite the processing and consideration of the
request by DWR for approval of the consolidation of the places of use and
points of diversion far the State Water Project and federal Gentral Valley
Projec# #o allow flexibility among the projects and to facilitate water transfers
and exchanges.
5. DWR shat( implement shor#-term efforts to protect water quality or water
supply, such as the installation of temporary barriers in the Delta or
temporary water supply connections.
6. The SWRGB shall expedi#e the processing and considera#ion of requests
by DWR to address wa#er quality standards in the Delta to help preserve
cold water pools in upstream reservoirs for salmon preservation and water
supply.
7. To the extent al{owed by applicable law, state agencies wi#hin my
administration shall prioritize and streamline permitting and regulatory
compliance actions for desalination, wa#er conservation and recycling
projects that provide drought relief.
8. The Department of General Services shall, in cooperation with other state
agencies, immediately implement a water use reduction plan far all state
agencies and facilities. The plan shall include immediate water conservation
actions and retrofit programs for state facilities. A moratorium shall be
placed on all new landscaping projects at state facilities and on state
highways and roads except for those that use water efFcient irrigation,
drought tolerant plants or non-irrigated erosion control.
9. As a condition #o receiving state drought financial assistance or water
transfers provided in response to this emergency, urban water suppliers in
the state shall be required to implement a water shortage contingency
analysis, as required by California Water Code section 10632. DWR shall
offer workshops and technical assistance fa any agency that has not yet
prepared or implemented the water shortage contingency analysis required
by California iaw_
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10. DWR shad offer technical assistance to agricultural water suppliers and
agricultural water users, including informafion on managing water supplies to
minimize economic impacts, implementing efficient water management
practices, and using technology such as the California Irrigation
Management informafion System (C(MIS} to get the greatest benefit from
available water supplies.
91. The Departmen# of Public Health shall evalua#e the adequacy of
emergency interconnections among the state's public water systems, and
provide technical assis#ance and continued financial assistance from existing
resources to improve or add interconnections.
12. DWR shah continue to monitor the state's groundwater conditions, and
shad collect groundwater-level data and other relevant information from
water agencies, coon#ies, and cities. It is requested that water agencies,
counties and cities cooperate with DWR by providing fhe information needed
to comply with this Proclamation.
13. DWR and the Department of Food and Agriculture shall recommend,
within 30 days from the date of this Proclamation, measures to reduce the
economic impacts of the drought, including but not limited to, water
transfers, through-Delta emergency transfers, water conservation measures,
efficient irrigation practices, and improvemen#s to C1MIS.
14. The Department of Boating and Waterways shalt recommend, within 30
days #rom the date of this Proclamation, and in cooperation with the
Department of Parks and Recrea#ian, measures to reduce the impacts of the
drought conditions to water-based recreation, including but not limited to, the
relocation or extension of boat ramps and assistance to marina owners.
15. The Labor and Workforce Development Agency shall recommend,
within 30 days from the date of this Proclamation, measures to address fhe
impact of the draught conditions on California's labor market, including but
not limited to, identifying impacted areas, providing one-stop service,
assisting employers and workers facing layoffs, and providing job training
and financial assistance.
16. DWR and the Department of Food and Agriculture shall be the lead
agencies in working with the Federal Drought Action Team to coordinate
federal and state drought response activi#ies_
17. The emergency exemptions in Public Resources Code sections 21080
(b)(3), 21080(b)(4) and 21172, and in California Code of Regulations, title
14, section 15269(c), shall apply to all actions or efforts consistent with #his
Proclamation that are #aken to mitigate or respond to this emergency. In
addition, Water Code section 13247 is suspended to allow expedited
responses to this emergency that are consistent with this Proclamation. The
Secretary for the California Environmental Protection Agency and the
Secretary far the Califomia Natural Resources Agency shall determine which
efforts fall within these exemptions and suspension, ensuring that these
exemptions and suspension serve the purposes of this Proclamation while
protecting the public and fhe environment. The Secretaries shall maintain
an their web sites a list of the actions taken in reliance on these exemptions
and suspension.
18. By March 30, 2009, DWR shall provide me with an updated report on
the state's drought conditions and water availability. If the emergency
conditions have not been sufficiently mitigated, l will consider issuing
additional orders, which may include orders per#aining to the following:
(a} institution of mandatory water rationing and mandatory reductions in
water use;
{b} reoperation of major reservoirs in the sta#e to minimize impacts of the
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drought;
(c) additional regulatory reliefi or permit streamlining as allowed under the
Emergency Services Act; and
(d) other actions necessary to prevent, remedy pr mitigate the effects of the
extreme drought conditions.
t FURTHER REQUEST THAT:
19. All urban water users immediately increase their water conservation
activities in an effort to reduce their individual water use by 20 percent.
20. Ai! agricuiturat water suppliers and agricultural wa#er users continue to
implement, and seek additions( opportunities to immediately implement,
appropriate efficient water management practices in order to minimize
economic impacts to agriculture and make the best use of available water
supplies.
21. Federal and local agencies also implement water use reduction puns
for facilities within their con#rol, including immediate water conservation
efforts.
1 FURTHER DIRECT that as soon as hereafter possible, this proclamation
be filed in the Office of the Secretary of State and that widespread publicity
and notice be given of this proclamation.
1N WITNESS WHEREOF I have hereunto set my hand and caused the
Great Seat of fihe State of California to be affixed this 27th day of February
2009.
ARNOLD SCHWARZENEGGER
Governor of California
ATTEST:
DEBRA BOWEN
Secretary of State
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To: Diverkers of Surface Water
f~GTIC~ OF SURFACB t~JATBR SNi~RTAGE ~'t~R 2009
After experiencing tvvo years of drought, California's water reserves are extremely low in many pads of the
state. The California water rights system is designed to provide for the orderly allocation of water supplies
in the event that there is not enough water to satisfy everyone`s needs. As a result, every water right
holder has a priority, relative to every other water right holder. When there is insuf#icient water for all,
water diversions must be curtailed in order of water right priority.
Currenf hydrologic data indicates that this year will tae a dry year in your hydrologic area. In view of the
current situation, the State Water Resources Contras Board (State Water 8aard) considers it important and
prudent to assume that there will not be sufficient surface water available during the year for fhtase who
hold vrater right permits, licenses, and registrations issued lay the State Water Board- if water supply
conditions do not improve, permit, license and registration holders may tae curtailed, it may even become
necessary this year in same parks of the state to curtail more senior water rights, such as riparian rights or
pre~9914 rights.
if you plan to grow crops that will need water beyond the limited supply available, you may frnd yourself in
a very serious dilemma. There is a strong passibility that your water righf will be curtailed due to a lack of
surface water ar a lo~v priority of right. Consequently, you should look info acquiring a firm alternate source
of water, such as a well pumping from groundwater that does not require a water right permit, purchase
water from someone that pumps groundwater or has a storage reservoir, ar recycled wastewater. Yau
may also be able to contract for water deliveries from a water supplier, such as the U.S. Bureau of
Reclamation, fhe State Deparkment of Water Resources, ar a loco! water or irrigation district, provided that
the water supplier has water to deliver to you. (n view of the current situation, the State Water Board
strongly encourages your immediate implernentatian of the enclosed conservation guidelines. Additional
guidance is available far agricultural water users at the Agricultural Water Management Council's website
at http:I/wwvr.agwatercaunciLorg-
If you hold a water right for domestic or municipal use, you may also need to reduce water use and seek
alternate supplies. !f there are no alternate supplies available, you may be required to reduce water use
down to what is necessary far health and safety purposes. Guidance for urban water users is available at
the California Urban Water Conservation Council's website at http:lfwww.cuwca.org.
Unless sufficient additional precipitation occurs this rainy season, no water will be available for many water
diverters. It is our intent to contact you again in the near future if there is expeated to be no water
available for you at your vrater right priority. State Water Board staff is available to answer your questions
at ~9fi6) 34'i-5300.
Sincerely,
Victoria A. Whitney
CJeputy Directorfior bNater Rights
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