HomeMy WebLinkAbout2009-20 Emergency Exists Requiring the Construction and Operation of an Additional New Well at Oak Manor ParkSOLUTION NO. 09-20
WHEREAS:
1. At a special meeting on May 14, 2009, the City Council for the City of Ukiah
considered whether an emergency exists warranting the construction of a water well in Oak
Manor Park on an emergency basis under Public Contract Code Section 22050 without providing
notice inviting bids or awarding the contract on the basis of competitive bids; and
2. The City staff also recommended that the City Council authorize the City
Manager to contract with Zim Industries to drill a well at Oak Manor Park as soon as it
completes construction of a well at Gobbi and Orchard Streets in the City; and
3. Based on the findings as set forth below the City Council has determined to
authorize a budget amendment of $305,000 to perform this Work, which includes well drilling
supervision by Taber Consultants (Taber), an organization of geotechnical engineers and
geologists; and
4. Taber will develop data concerning the chemistry and the source of the water
produced by the well; and
5. The City will use the analysis of the data developed by Taber and other
information to determine the water right and procedures that will govern the City's use of the
water produced by the well; and
6. For the reasons set forth below, this determination and the procedures, if any,
followed in the lawful use of the water produced by the well will be pursued on an emergency
basis; and
7. The City staff will seek additional City Council authority, including a budget
amendment, to perform the necessary additional work to convert the well into an additional
water source to the City water system this summer at which time it will also recommend the
procedures, if any, that the City should pursue for the lawful use of the water produced by the
well; and
8. These agenda items were scheduled for a special meeting, because the following
facts require the construction of the well in less time than would be required, if notice for bids
were given and the construction contract for this work were awarded through a competitive
bidding process in accordance with the City Code and the Uniform Construction Cost
Accounting Act.
a. An emergency due to drought has been declared under the Emergency Services
Act by the Governor, the County of Mendocino and the City Council.
b. The City Council has declared a water shortage emergency under its City Code.
c. Given the drought conditions, Victoria A. Whitney, Deputy Director for Water
Rights for the Water Resources Control Board (Water Board) issued a letter, dated February 26,
2009, encouraging water permit holders to find alternative sources of water, including
groundwater wells.
d. The Water Board has granted a petition by the Sonoma County Water Agency
(SCWA) to reduce the minimum flows in the Russian River between July 5 and October 1 to
levels established in Water Board Decision 1610 for a critically dry water year. As a condition
of granting the petition, the Water Board has directed the SCWA to seek the cooperation of
Mendocino Russian River water users to achieve a conservation goal of a 50% reduction in water
use.
e. The SCWA urgency change petition and the Water Board order granting the
petition were based on the fact that storage of water in Lake Mendocino at the beginning of the
dry summer season is at its lowest level since the Coyote Dam was constructed. At
approximately 55,000 acre feet, the storage of water in the Lake is 66% of its storage capacity
and at its average level for October.
f. If releases from the Lake are not reduced substantially below the rate required
in Decision 1610 for a normal water year, there could be insufficient water for the fall return of
Chinook salmon to the Russian River.
g. The City currently has one well (Well No. 4) that is not dependent on releases
from Lake Mendocino which produces roughly 1 Million gallons per day (GDP).
h. Well No. 4 is over 50 years old and could fail at any time.
i. To supplement Well No. 4, the City Council authorized the construction on an
emergency basis of a new well at Gobbi and Orchard Streets in Ukiah.
j. The Gobbi/Orchard Well is under construction and looks promising, but its
output and reliability are currently unknown. Even if it reliably produces very substantial
quantities of water, the combination of reduced flows in the Russian River and a possible failure
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of Well No. 4 could leave the City with less water than it needs to meet demand, even if water
use is reduced by 50% or more, or to satisfy fire flow requirements in the event of a fire in the
City, resulting in substantial damage to property and public health.
k. A test boring at a well site in Oak Manor Park, performed in connection with
the construction of the Gobbi/Orchard Well, suggests that a well at that location would be a high
production well;
1. The well driller constructing the Gobbi/Orchard Well is nearing completion and
will demobilize and leave the area within the next few days. If procurement of the Oak Manor
Well is undertaken on an emergency basis, the well driller could move his drilling rig to that site
and construct the well immediately.
in. Given the time required to give notice for bids and the reduced availability of
well drillers during the busy summer season and in particular during the current drought
conditions, the City could not construct the well and have it on line for use this summer, unless it
procures construction of the well on an emergency basis.
9 At or prior to its special meeting on May 14, 2009, the City Council was presented
with evidence to substantiate each of the above factual findings;
NOW, THEREFORE, BASEL) ON THE FOREGOING FACTS, IT IS HEREBY
RESOLVED, 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 additional alternative supply of water to ensure that the City and
its residents do not run out of water this summer and that there is sufficient water available for
fire flows through the City's fire hydrants.
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 and that sufficient water is available
in the event of a fire emergency, the City needs to take immediate action to construct the Oak
Manor Well in addition to the Gobbi/Orchard Well.
3. There is not sufficient time to construct the Oak Manor 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 Uniform Construction
Cost Accounting Act.
4. For the foregoing reasons, the City Council directs the City Manager to take all
necessary direct and immediate action to construct the Oak Manor Well without going through
the formal competitive bid process by contracting with Zim Industries to drill the well in
accordance with Specifications 09-09.
5. The City Council is taking this action pursuant to Public Contracts Code § 22050,
which authorizes the City Council to contract for the construction of public facilities without
going through the competitive bid process, when such action is necessary in order to respond to
an emergency situation.
6. The City Council shall review the actions taken by the City Manager to
implement this resolution at its regular meeting on May 20, 2009, and at each regular meeting
thereafter, to determine by a four-fifths vote whether there is a need to continue the action,
including the authorization of additional steps and additional work to use this summer the water
produced by the well, and shall terminate the action at the earliest possible date that conditions
warrant.
PASSED AND ADOPTED this 14th day of May, 2009, by the following roll call vote:
AYES: Councilmembers Landis, Thomas, Crane, and Mayor Baldwin
NOES: None
ABSENT: Councilmember Rodin
ABSTAIN: None
ATTESTED:
A
Joe Currie, Deputy City Clerk
Phil Baldwin, Mayor
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