HomeMy WebLinkAbout2014-21 CC Reso - Emergency Construction of Well #9 RESOLUTION NO. 2014-21
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF UKIAH DETERMINING THAT AN
EMERGENCY EXISTS IN THE CONSTRUCTION AND OPERATION OF WELL #9, THE
CONSTRUCTION OF WHICH WILL BE NECESSARY TO PREVENT THE DISRUPTION OF
WATER SERVICES TO THE RESIDENTS OF THE CITY OF UKIAH.
WHEREAS:
1. The City Council for the City of Ukiah approved item no. 13c on the April 2, 2014 agenda
for the design and development of new water well #9 ("Well"), and
2. Governor Edmund G. Brown Jr. issued "A Proclamation of A Continued State of
Emergency", dated April 25, 2014, a copy of which is attached to this Resolution as
Exhibit A, proclaiming the water shortage in the State of California as a state of
emergency and ordering immediate action to manage the crisis; and
3. On April 21, 2014, the State Water Resources Control Board (SWRCB) posted
curtailment projections which could take effect by May 15, 2014, a copy of which is
attached hereto as Exhibit B. R is projected that by May 15`", all post-1914 appropriative
rights may be curtailed. Between June 15`" and July 15`", the projected water supply ,
may not be sufficient to meet all riparian and/or pre-1914 demand. The remaining
supply of natural flow must be shared among all riparian users; and
4. On May 27, 2014, the City received notice from the State Water Resources Control
Board that diversion of water from the Russian River is prohibited by any holder of an
appropriative water right permit with a priority date later than February 2, 1954. Although
the City's permit has a priority date of January 30, 1954, that same notice warned the
City that appropriation of water under the City's pre-1914 and senior post-1914 water
rights could be curtailed in June, if current conditions persist and the City fails to reduce
substantially its normal summer-time diversions from the Russian River; and
5. Based on Governor Brown's proclamation finding that drought conditions exist and
declaring a water emergency and the above-referenced notices from the SWRCB, the
City Council hereby declares that an emergency situation exists requiring the City to take
direct and immediate action to construct a Well to provide sufficient quantity of water
necessary to meet the essential water needs of the residents of the City of Ukiah; and
6. 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 the end of the
availability of water diversion from the Russian River; and
NOW, THEREFORE, BASED ON THE FOREGOING FACTS, IT IS HEREBY RESOLVED, as
fol lows:
1. Substantial evidence has been provided to the City Council to allow it to determine and
declare that sudden, unexpected emergency water condition has occurred, posing an
imminent threat to public health and property which requires the City to take immediate
action without compliance with the California Environmental Quality Act ("CEQA") to
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obtain an alternative supply of water to ensure that the City and its residents do not run
out of water this summer and fall.
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 procure a contractor to construct and install the Well.
3. Based on the foregoing findings, the project is statutorily exempt from the requirements
of the California Environmental Quality Act pursuant to Section 15269(a) because it is an
emergency project due to the following facts: (1) After a number of years of below
normal rainfall, the City has received less than 50% of normal rainfall prior to beginning
of the dry summer season; 2) Due to the most severe draught in the last 100 years,
effective May 27, 2014, the SWRCB has curtailed the right of most permit holders to
appropriate water from the Russian River and has warned the City that if it fails to
substantially reduce its diversions from the river and conserve water, the Board will
curtail the City's right to divert water from the river under its pre-1914 and senior post-
1914 water rights; (3) If those rights are curtailed, the City will have no water available
for any irrigation which will cause severe property damage to residential, commercial
and municipal landscaping and food production; and 4) As a result of this sudden and
unexpected occurrence, the City must drill, test and install an additional well to supply
additional water from groundwater sources as soon as possible this summer and fall to
avoid or mitigate serious damage to property and the public health and for this reason
the City does not have time to comply with the California Environmental Quality Act
("CEQA") before procuring a contractor to drill, test and install said well.
PASSED AND ADOPTED this 4`" day of June, 2014, by the foilowing roll call vote:
AYES: Councilmembers Scalmanini, Crane, Thomas, Landis, and Mayor Baldwin
NOES: None
PRESENT: None
ABSTAIN: None /� '
Y
Philip . aldwin, Mayor
ATTESTED:
r ��n '._� ✓ � (��' ;. I.GL�.._ � ,y �\
Krlstine Lawler, City Clerk
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Exhibit "A"
� — �; �xeNdbe �epertment �
i �tare of �alifarnia ii
I I;
A PROCLAMATION OF A CONTINUED S7ATE OF EMERGENCY .
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I WHEREAS on January 17,2014, I proclaimed a State of Emergency to exist in the State h
II of CalifOmia due to severe drough�condilions;and '
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� WHEREAS state government has taken expedited actions as directed in that I,I
, Proclamation to minimize harm from lhe drought;and �I
I�, WHEREAS California's water supplies continue to be severely depleted despite a limited
� amount of rain and snowfall since January,with very limited snowpaCk in the Sierra Nevada '� ,
';, mountains,decreased water levels in California's reservoirs,and reduced Flows in the state's ,I
� rive�s�,and �
WHEREAS drought conditions have persisted for the last three yeare and[he duration of I ��
�I'�,'�� ihis drought is unknown;and �,
, WHEREAS the severe drought conditions continue to present urgent challenges:water I
� shortages in communities across the state.greaUy increased wildfire activity,diminished water
I for agricultural production,degraded habitat for many fish and wildlife species,lhreat of saltwater , ,,
��� contamination of large fresh water supplies conveyed through[he Sacramento-San Joaquin Bay � '
'�, Delta,and addilional water srarcity if dmught conditions continue into 2015;and
WHEREAS additional ezpedited actions are needed to reduce the harmful impacts from
I�'I the drought as the state heads into severel monihs of typically dry conditions;and j
�I WHEREAS Ihe magnitude of the severe drought conditions continues to present threats �
il� beyond the Control of the services,personnel,equipment,and facilitles of any single local
, govemment and require the combined forces of a mutual aid region or regions to combat;and
I� WHEREAS under the provisions of section 8558@)of the Govemment Code,I flnd that
'I, conditions of exVeme peril to the safety of persons and pmperty continue to exist in Cali(ornia
�', due to watar shortage and drought conditions wlth which local au[honty is unable to cope:and �
IWHEREAS under Ihe provisions of section 8571 of the Government Code.I find that
I'i stdct compllance wilh the various statules and regulations speCifed in this proclamation would
I, prevent,hinder,or delay the mitigation of the effects of the drought.
� NOW,THEREFORE,I,EDMUND G.BROWN JR.,Govemor of the State of Califomia,in
I� accordance with the authority vested in me by lhe Constitution and statutes of ihe State of I
, Califomia,including the Emergency Services Act and in particular Govemmant Code section
� 8567,do hereby issue this Executive Order,effective immediately,to mitlgale the effects of the I
drought conditions upon Ihe people and property wilhin the State of Califomia. II
� IT IS HEREBY ORDERED THAT: '�
I� 1. 7he orders and provisions contained in Proclamation No. 1-17-2014,dated January I
17,2014, remain in full force and effect except as modified herein. i
I� 2. The DeDartment of Water Resources and the State Water Resources Control Board '
I'� (Water Board)will immedia[ely and expeditiously process requesis lo move water to '�
areas of need,including requests involving voluntary water lransfers,forbearance
� agreements,water exchanges,or other means. If necessary,lhe Department will
request that the Water Board consider changes to water right permits to enable such
�� voluntary movements of water.
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i� 3. Recognizing the tremendous importance of conserving water during this drougM,all
I Califomia residents shouid refrain from wasting water: I I
a. Avoid using water to clean sidewalks,driveways, parking lots and other � '
hardscapes. i�l �I
b. Turn off fountains and other decorative water features unless recycied or grey �'i
water is available. I
a Limit vehicle washing at home by patronizing local carwashes that use recycled
water. II
d. Limit outdoor watenng of lawns and landscaping to no more than two times a lil �
week.
�� Recreational facilities,such as city parks and golf courses,and large institutional '�j
�� complexes,such as schools,husiness parks and campuses,should immediately
�� implement water reduction plans to reduce the use of pota6le water for outdoor !�
I, irrigation. ,
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� Commercial establishments such as hotel and restaurants should�ake steps to
reduce water usage and increase public awareness of the drought through measures �I�
such as offering drinking wa[er only upon request and providing customers with li
options to avoid daily washing of towels or sheets.
I II
Professional sports facilifies,such as basketball arenas,football,soccer,and
I, baseball stadiums,and hockey rinks should reduce water usage and increase public ii
awareness of the drought by reducing the use of potable water for outdoor irrigation il
and encouraging conservation by speclalors II ,
I� The Water Board shall direct urban water suppliers Ihat are not already implementing �I
drought response plans ro Iimit outdoor irriga[ion antl oiher wasteful water practices I'�
such as those identified in this Execu[ive Ordec The Water Board will request by ,,I
June 15 an update from urban water agencies on their actions to reduce water usage
and the effectiveness of these efforts. The Water Board is directed ro adopt II
emergency regulations as it deems necessary,pursuant to Water Code section �I
1058.5,lo implement this directive.
Californians can learn more about conserving water from the Save Our Water
campaign(Save0urH2O.org). II
II' 4. Homeowners Associations(commonly known as HOAs)have reportedly fined or II
threatened to fine homeowners who comply with water conservation measures
adopted by a oublic agency or private water company. To prevent Ihis practice, I
pursuant to Govemment Code section 8567,I order that any provision of the
governing document,archi[ectural or landscaping guidelines,or policies of a �i
common interest development will be void and unenforceable to the extent it has the II
effect of prohibiting compliance with the wateo-saving measures contained in this ��
,� directive,or any conservation measure adopted by a public agency or private water �!�i
!'� company,any pmvision of Division 4, Part 5(commencing with section 4000)of the I
�I Civil Code notwithstanding.
5. All state agencies tha[distribute tunding for projects Ihat impact water resources, I
including groundwater resources,will require recipients of future financial assistance
to have appropriate conservation and efficiency programs in place.
�� 6. The Department of Fish and Wildlife will immediately implement monitoring of winter- i
run Chinook salmon in the Sacramento River and its tributaries,as well as several I
runs of salmon and species of smelt in lhe Delta as described in the Apnl 8,2014 ,
Drought Operetions Plan. i
7. The Department of Fish and Wildlife will implement projects that respond to drought I�� I
�II�� conditions through habitat restoration and�hrough water Infrestructure projects on
property owned or managed by the Depariment of Ffsh and Wildlife or the �il
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I�� Department of Water Resources for the benefit o(fish and wildlife impacted by the
i drought.
I 8. The Department of Fish and Wildlife will work wi�h o[her s[ate and federal agencies ��:1
and with landowners in prionry watersheds to p�otect threatened and endangered �I �
species and species of special concern and maximize the beneficial uses of scarce
�, water supplies,including employment of voluntary agreements to secure insiream
, flows,relocation of inembers of Ihose species,or Ihrough other measures.
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� 9. The Department of W ater Resources will expedite the consideration and.where i
�� appropnate,the implemen[a�ion,of pump-back delivery of water through Ihe Slate
i Water Project on behalf of water disMcts. I
� �0. The Water Board will adopt statewide general waste discharge reduirements to ��
' facilitate the use of treated wastewater tha[meets standards sel by the Department �I
j� of Public Health,in order to reduce demand on potable water suppiies. I�
�I 11. The Department of Waler Resources will conduct intensive outreach and provide '
technical assistance to Iocal agencies in order to increase groundwater monitoring in
areas where the drought has signifcant impacts,and develop updated contour maps
����I where new data becomes available in order to more acwrately capture chanc�ing �
I, groundwater levels. The DepaAment will provide a public update by November 30 I
that idenEfies groundwaler basins with water shortages,details remaining gaps in
gmundwater monitoring,and updates its monitonng of land subsldence and
agriculturai land fallowing. '�
12. The Califomia Department of Public Heaith,the Offce of Emergency Services,and '��
the Offce of Planning and Research will assist local agencies that the Department of il
�' Public Health has idenGfied as vulnerable to acute dnnking water shortages in
II implementing solutions to those water shortages. II .
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� 13. The Department of Water Resources and[he W ater 8oard,in coordination with other
� state agencies,will provide appropriate assistance to public agencies or pnvate �� ��
�. water companies in establishing temporary water supply connections to mitigate ����
i eftects of the droughL �i ,.
I 14. For ihe prolection of heal[h,safery,and the environment,CAL FIRE,[he O(fice of �
, Emergency Services,the Department of Water Resources,and the Department of I
� Public Health,where appropriate.may enter into contracLS and arrangemenis for the I
I procurement of materials,goods, and services necessary to quickly mitigate the �i
� effec[s of Ihe droughL '�
�i 15. Pursuant to the drought legislation I signed into law on March�,2014,by July 1, j
� 2014,the California Departmenl of Food and Agriculture,in consultation with the
Department of Water Resources and Water Board,will establish and implement a
i' program to provide financial incentives to agricWNral operations to invest in water
irrigation treatment and distribution systems ihat reduce water and energy use,
augment supply,and increase water and energy effroiency in agncWWral i
applications.
; 16.To assist landowners meet�heir responsibilities for removing dead,dying and I I
I' diseased trees and to help landowners clear other trees and plants close to � .
strucNres that increase fire danger,certain noticing requirements are suspended for
� these activities. Specifically,the requirement that any person who conducts timber
� operations pursuant to the exemptions in Title Califomia Code of Regulations
��� sections'I038(b)and(c)submit notices to CAL FIRE under the provisions of Title .
14,Califomia Code o(Regulations,section 7038.2 is hereby suspended. Timber 'i,
Ii, operations pursuant to sedions 1038(b)and(c)may immediately commence i
operations upon submission of[he required notice to CAL FIRE and without a copy
I�I of the Director's notice o�acceptance at the opereting site. Ail other provisions of II
these regulations will remain in effec�.
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�7. The Water Boartl will adopt and implement emergency regulafions pursuant lo Water I�
Code section�058.5,as it deems necessary to prevent the was[e,unreasonable
use,unreasonable method of use,or unreasonable method of diversion of water,to
�I promote water recycling or water conservation,and to require curtailment of �
diversions when water is not available under the diverter's prioriry of right. �:i ,
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18. In order to ensure that equipment and services necessary for drought response can I
Ibe procured quickly,the provisions of the Government Code and the Public Contract
Code applicabie to state contracts, including,but not limited to,advertising and ;I
compeMive bidding requirements.are hereby suspended for directives 7 and'14.
Approval by the Department of Finance is required prior to the execution of any il
contract entered into pursuan[to these directives.
II��' 19. For several aclions called for in this proclamation,environmental review required by �� I
the Califomia Environmental Quallty Act is suspended to allow these actions to take �
�', place as quickly as possible. Specifically,for actions taken by state agencies �i
, pursuant to directives 2,3,6-'10,13, 15,and 17,for all actions taken pursuant to I
; directive'12 when the Offce of Planning and Research concurs that local action is
required,and for all necessary permits needed to implement these respective �'
actions, Division 13(commencing with section 21000)of the Public Resources Code �
and regulatlons adopted pursuant to that Division are hereby suspended. The I
entities implementing these directives will maintain on their websites a list of the
activities or approvals forwhich these provisions are suspended. This suspension ��
and that provided in paragraph 9 of the January 17,2014 Proclamation will expire on I�
i� December 31,2014,except that actions started prior to that date shall not be subjec[ I
to Division 13 for the time required to complete them. �
I��� 20. For several actions called for in this proclamation,certain regutatory requirements of �I
the Water Cotle are suspended to allow these actions to take place as quickly as I��
�, possible. Specifcally,for actions taken pursuant to directive 2,section 13247 of the I
� Water Code is suspended. The 30-day comment period provided in section 1726(� ,� ��
!� of the Water Code is also suspended for actions taken pursuant to directive 2, but
���� the W ater Board will provide fo�a 15-day comment period. For actions taken by �I
state agencies pursuanf to directives 6 and 7,Chapter 3 of Part 3(commencing with �I I
section 85225)of the Water Code is suspended. The entities implementing these �.
directives will maintain on their websites a list of the activities or approvals for which �I,I
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these provisions are suspended. I
j,, I FURTHER DIRECT that as soon as hereafter possible,[his Proclamation shall be filed i'
���� in the Office of the Secretary of State and that widespread publicity and notice be given to this �
IIProclamation.
I� IN WITNESS WHEREOF I have hereunto
'� sei my hand and caused the Great Seal of '
,,.�.n<�.,`_ the State of California to be affixed this 25th I,I,'��
^.—.-�-�_�� _. day of April,2014 I '�
'��z�T� : �' /
`;�" �' A �.�✓l rw�- I
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��,, `j EDMUND G. BROWN JR. II
_ " 5 Governor of Califomia
��� A EST: iI '
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etary ofState
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Exhibit B
Home a►Water Issues-i►Programs-t►Drought a►Analysis
State Water Board Drou�ht Year Water Actions
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� RUSSIAN RIVER WATERSHED ANALYSIS '
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May 2014 Update
The following information on projected water supply, demand and availability, prepared by the Division of Water Rights for the
Russian River Watershed upstream of Healdsburg, is being provided to assist water rigM holders in planning for water availability in �
the coming months. This information is the Division's best projection, based on current hydrologic data. These are estimates only and
subject to revision and update.
Charts and Forecasts
The projected water supply for the Upper Russian River Watershed was developed using historical water suppiy data at both a 90%
exceedance level and 50%exceedance levei.The exceedance level is the likelihood, based on historical data,that the actual flow will
exceed the projected amount. To determine which exceedance level best fits actual flow conditions, the Division is tracking the flows
daily in acre-feet per day and comparing that to ihe monthly total amount projecled by the Division divided by the number of days in
the month lo show acre-feet per day. The attached rg aoh �shows this daily tracking. �
-�►Current Waterehed CondiUons
"�Russian River Watershed Seasonal Chart �
�►Curtailment Notices Issued
�►None.
-M Curtailment ProJections
-�Pending
• Between May 19 and June 1, some Post-1914 appropriations may be curtailed.
�Prajected '
• By June 1, there may be no water available for diversions under a riparian basis of right from the Russian River �
upstream of the confluence with Dry Creek. ,
Notes
1. Curtailments can be lifted temporarily or permanently if water supply conditions improve. � I,
2. The State Water Resources Control Board expects to allow limited diversions of no more than 50 gallons per day per person tor ��,
public health and safety needs where there is no other water supply available for emergency human health, sanitation and I
safety needs. �
3. Diversions for hydropower generation,where all water is retumed to the slream,may continue during curtailmenL �
4. The curtailment notice does not affect water delivered by contract from state,federal or locai agencies, unless the curtailment
prevents an agency's ability to divert water under its water right Contracts using water withdrawn from reservoir storage that
had been collected prior to the curtailment are not affected.
Russian River Watershed Boundary II
Click Map to Enlarge I
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(Updated SA5/14) I
Contlitions of Use�Pnvacv Policv '.'�
Copyright�2014 State of Califomia
The California Water Boards include ihe State Water Resources Conlrol Board and nine Reqional Boards
The State Water Board is one of fve environmental entities operating under
the aulhority of ihe Celifornia Environmental Protection Agency �
CaIIEPA�ARBICaIRewcIeIDPR10'fSCIOEHHFlISWRCB
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Exhibit C
� Proposal-Engineering Design,Geotechnical and Construction Oversight Services for
Water Well#9 Development and Water Well iW Rehabilitation Projects
Summary Schedule
Engineering Design, Geotechnical and Construction Oversight Services for
Water Well #4 Rehabilitation and New Water Well #9
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„`� °�!"',,��'_ � , �';,. -�'"�:"'" "' _
• - ' -- _ -- 1 ._ _ =.y _ _ ._ _ �. _ . . - .
1 3 ] ♦ 5 6 G 9 0 11 12 13 1t 15 16 f] 1E tG 30 11 II Zi 1� Yv A ]] 3C ID Y )1 3] 33
Task 1 -Project Award and Preliminaries -
Well#9�esign and Installation
Task 2-Location Evaluation and Field Imestigation . _ _ _
Task 3-Concept Design Drawings to Qualified Drilling Contractors �� . � �'
Task 4-DeWiled Well Design and Bid Documents '
Task 5-Well it9 Site:Install 4-Inch Test Well(PVC Casing) � ' � �, .+I
� 7ask 6-Well#9 Installation � I '� ! �
_y-, . . .____ __ .__1�.
Task 7-Aquifer(Pump)Testing and Pump Design Refnement � �� � .
. T—H '—�--%--r–� ._.
, Task 8-Project Reporting and Closeout �
Task 9-Distributian Piping and Disinfection Design
Task 10- Engineering Support Bid Phase �
Well#4 Rehabilitation
Task 11 -Field Investigatlon _
� Task 12-Rehabilitation Specifications _
Task'13-RehabilitationObservation ' r�- T� �
Task 14-Project Reporting and Closeout �
'A complete schedu/e Ior this project is provided in Appendix A.
I 'Y`orincetl or.50°:, Pos.-Consumer Recyled Cont��-. 12 � GHD for City of Ukiah, DepaRment of Public Works
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