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CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
From: JAMES FUNK
Director
Subject: Resolution authorizing the execution
of a License Agreement with the San
Or' ,,", " , . ~emardino Valley Municipal Water District,
r' , j for the construction of monitoring wells in
II 10." ..1\ . I' d th C'
anous ocatlOns aroun e Ity,
Dept: Development Services
Date: October 30, 2002
Synopsis of Previous Council Action:
None,
File No. 15.06-155
MCC Date: 11-18-2002
Recommended Motion:
Adopt Resolution,
~~
V James Funk
Contact person:
EILEEN GOMEZ
Phone:
5328
Supporting data attached: Staff Report/Letter/ Ward:
t,xhlhltsl Kesol Agreement
FUNDING REQUIREMENTS: Amount: None
1 &3
Source: (Acct. No.)
(Acct Description)
Finance:
Council Notes:
~ 1h. 7lY.':J 2 - .3<D3
Agenda Item No,
J5
II"~ I D~
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Staff Report
SUBJECT:
Resolution authorizing the execution of a License Agreement with the San Bernardino Valley
Municipal Water District, for the construction of monitoring wells in various locations around
the City.
BACKGROUND:
The San Bernardino Valley Municipal Water District (SBVMWD) is coordinating various
projects for the mitigation of liquefaction, which is a public health and safety issue in the Bunker
Hill Groundwater Basin. This basin is one of the largest in the county and is a primary water
source to over 800,000 residents in the East San Bernardino Valley. The liquefaction process
occurs when sandy, saturated soil turns into a quicksand state during an earthquake. This high
groundwater area is within the City of San Bernardino and is referred to as a pressure zone or the
Area of Historic High Groundwater (AHHG). Recently, water has risen to levels that cause
basements to flood, the disruption of underground utilities, and can adversely affect the load-
bearing capacity of streets. .
The first phase of the project is known as the High Groundwater Mitigation Project. This project
will help mitigate liquefaction by lowering the groundwater level to at least 15 feet below land
surface so the soil is no longer saturated. This would reduce the liquefaction process which
would ultimately benefit the whole community. In order to monitor the effectiveness of the High
Groundwater Mitigation Project, SBVMWD is proposing to construct ten (10) monitoring wells
within the pressure zone areas. Three of the proposed monitoring well sites are located on City
properties. They are the Norman Feldheym Central Library, Lytle Creek Community Center, and
Mill Community Center, which is owned jointly with the County. The County has submitted a
letter concurring to the approval of a monitoring well at this location (see attached). The
SBVMWD will also coordinate a separate license agreement with the County for use of this
property for the monitoring well. The SBVMWD prefers to use public land since tenants in
City-owned properties are more permanent, therefore reducing the possibility of relocating their
facilities unless they are required to do so by the City. Detailed plans with dimensions
specifying locations of the monitoring wells for each location will be required to be submitted to
the City Engineer/Deputy Director for approval and all necessary permits will need to be
obtained prior to construction.
In order to minimize the impact of construction on normal City business conducted at these three
sites, each monitoring well is proposed to be located in areas that are low traffic in below-ground
vaults with traffic rated lids that would also be easily accessible to the SBVMWD (see attached
Exhibits "I" and "2"). When construction of the monitoring wells begins, construction will be
scheduled to take place at times where there is low traffic so as not to negatively impact normal
City business. Each site should take approximately two to four weeks to construct and will be
electronically monitored on a monthly basis by SBVMWD. The benefit these monitoring wells
offer the City will serve as consideration for the grant of this License, in lieu of any fees, which
the standard in other cities that utilize these wells.
FINANCIAL IMP ACT:
None.
RECOMMENDATION:
Adopt resolution.
PRESCHOOL SERVICES DEPARTMENT
COUNTY OF SAN BERNARDINO
HUMAN SERVICES SYSTEM
250 South Lena Road . San Bernardino, CA 92415-0630
(909) 3B7-2363 . TOO (909) 387.2438 . Fax (909) 387.3313
ROBERTA YORK
Director
'~\i5~rsn\V7rs~
;,,"i-:::l~L.:::J~IVL:::1U
LiD OCT 2 1 2002
October 18, 2002
CI'fY OF SAN BERNARDINO
DEVELOPMENT SERVICES
DEPARTMENT
Les Fogassy
City of San Bernardino
300 North "0" Street
San Bernardino, CA 92418-0001
Dear Mr. Fogassy,
The County of San Bernardino is currently processing the San Bernardino Valley
Municipal Water District's request to drill a monitoring well at the site jointly
owned by the City of San Bemardino and the County which houses the County's
Mill Head Start Pre-school and the City's Mill Community Center.
On April 9, 2002, the county approved the installation of one of these wells on
another piece of County owned property. As a result, I do not anticipate any
problems processing this request.
Please contact me if you have further questions. I can be reached at 387-2357.
Sincerely,
A:)' ,/, l-r-fj, 1 1/
I'U'7/-vt&r ,';F"-'V\"",
,/
Roberta York
Director, Pre-school Services Department
cc: Robert Tincher, SBVMWD
PRESCHOOL SERVICES. READINESS FOR FUTURE LEARNING
JOHN MICHAELSON
80ard of ~up2\.visnr',
BILL PO$TMUS .. Fjr~3t District OE.N~Jm rtikNSBERGEH. Third [1istnc1
JON 0. MiKELS, . S.:conl Distric1 FREi) .~GlJjAP . t-r:<!ifth Ui<;trlct
JERRY EAVES." , FHU: !,)ishjr:t
l":ansl'tjom,: (;;j1,j;)!Y Administrative OffIcer
.JUhN F. i'viiGHAElSQN
P.3S;'it.S1nt County Administrator
H'e-iifjiir: ,s'3.'.:icG2 SV3tem
I
PLAN VIEW
'"
(0 0 \
\ 0 J
,,_/
12-INCH BOREHOLE
APPROXIMATE 2X3X3 FOOT VAULT
2-INCH \.D. STAINLESS STEEL CASING
0. :<:"'vl'-/J
PROFILE VIEW
URS
y.
II2-INCH GAP BETWEEN TOP OF V AUL T
V AUL T AND NATIVE MATERIAL
NATIVE MATERIAL
2-INCH MINIMUM I.D. STAINLESS STEEL CASING
APPROXIMATE 2X3X3 FOOT V AUL T
y.
GRAVEL FILL IN VAULT
12-INCH BOREHOLE
CEMENT SANITARY SEAL
FIGURE 2
GENERIC SURFACE COMPLETION
SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
EXHIBIT "1"
San Bernardino Valley Municipal Water District
Monitoring Well Installation
EXHIBIT "2"
l~---
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1
2
~~(Q)~\?
RESOLUTION NO.
3 RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE
EXECUTION OF A LICENSE AGREEMENT WITH THE SAN BERNARDINO
4 VALLEY MUNICIPAL WATER DISTRICT, FOR THE CONSTRUCTION OF
5 MONITORING WELLS IN VARIOUS LOCATIONS AROUND THE CITY.
6
7
8
9
BE IT RESOLVED BY THE MAYOR AND COMMON COUNCIL OF THE CITY OF
SAN BERNARDINO AS FOLLOWS:
SECTION 1. That the Mayor of the City of San Bernardino is hereby authorized and
directed to execute, on behalf of said City, a License Agreement relating to certain City-owned
10 real properties at various locations in the City, including Norman Feldheym Central Library _
11 555 W. 6'h Street; Lytle Creek Community Center - 308 S. "K" Street; and Mill Community
12
13
Center - 503 E. Central Avenue, a copy of which is attached hereto, marked Exhibit "I" and
incorporated herein by reference as fully as though set forth at length.
14
SECTION 2. That the San Bernardino Valley Municipal Water District shall be required
15
16 to submit detailed plans and legal descriptions for each location to the City Engineer/Deputy
17 Director for approval and all necessary permits will need to be obtained prior to construction of
18
each monitoring well.
19
SECTION 3. The authorization to execute the above-referenced agreement is rescinded
20
21 if the parties to the agreement fail to execute it within sixty (60) days of the passage of this
22
23
24
25
26
27
28
resolution.
/II
I I/15/02
''170. IS-
(! /1 %/tx
RESOLUTION OF THE CITY OF SAN BERNARDINO AUTHORIZING THE EXECUTION OF A
LICENSE AGREEMENT WITH THE SAN BERNARDINO VALLEY MUNICIPAL WATER DISTRICT
1 FOR THE CONSTRUCTION OF MONITORING WELLS IN VARIOUS LOCATIONS AROUND THE
CITY.
2
3
4
5
6
7
8
9
10
11
12
13
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I HEREBY CERTIFY that the foregoing resolution was duly adopted by the Mayor and
Common Council of the City of San Bernardino at a
held on the
day of
wit:
Council Members:
AYES
NAYS
ESTRADA
LIEN
MCGINNIS
DERRY
14
15
16
SUAREZ
ANDERSON
MCCAMMACK
17
18
19
The foregoing resolution is hereby approved this
20
21
22
23
24
Approved as to form
and legal content:
25
26
27
28
JAMES F. PENMAN
City Attorney
"yet- ') fb- ~
1 ]/15102
meeting thereof
, 20_, by the following vote, to
ABSTAIN
ABSENT
City Clerk
day of
,20_.
JUDITH VALLES, Mayor
City of San Bernardino
2
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LICENSE AGREEMENT
FOR THE CONSTRUCTION OF THREE MONITORING WELLS
This Agreement made this
day of
, 2002, by
and between the City of San Bernardino, hereinafter referred to as "Licensor," and the San
Bernardino Valley Municipal Water District, hereinafter referred to as "Licensee."
WHEREAS, Licensor is the owner of three parcels of real property, known as follows:
Norman Feldheym Central Library, Assessor's Parcel Number 0134-062-17 - located at 555
W. 6th Street (see Ex~ibit "A" attached); Lytle Creek Community Center, Assessor's Parcel
Number 0137-141-06 - located at 308 South "K" Street (see Exhibit "B" attached); and Mill
Community Center, Assessor's Parcel Number 0280-151-05 - located at 503 E. Central
Avenue (see Exhibit "C" attached), (The Mill Community Center is jointly owned with the
County of San Bernardino) and;
WHEREAS, Licensee shall obtain a License Agreement from the County of San
Bernardino in addition t9 the agreement with the City for the construction of a monitoring well
at the Mill Community Center, and;
WHEREAS, the parties desire to provide for the construction, installation, operation
and maintenance of a water monitoring well and appurtenant facilities upon each of said three
properties and to provide permission for Licensee to enter upon said properties for that
purpose, and;
WHEREAS, Licensor desires that such facilities be constructed;
NOW THEREFORE, it is hereby agreed as follows:
1. Licensor grants to Licensee, a non~exc1usive License to enter in, over, upon and
through the above-described three properties for the purpose of constructing the
aforementioned water monitoring well(s) and appurtenant facilities. The exact location of each
EXHIBIT "1"
well shall be subject to the approval of the City Engineer prior to construction. Dimensions
. specifying the location of monitoring wells shall be submitted at the time the permits are
issued. Relocation of any existing utilities conflicting with such use is the responsibility of the
.
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Licensee at Licensee's expense.
2. The benefit of the monitoring of groundwater levels to the City will serve as
consideration for granting this License.
3. This License shall continue unless either party decides to terminate the License. The
License may be terminated by either party by notifying the other party at least thirty (30) days
prior to termination. In the event of termination of the License and return of the premises to
Licensor, Licensee shall return the licensed premises to the Licensor in substantially the same
condition it was in when received by Licensee as determined by Licensor. The Licensee
agrees to maintain the licensed facilities in a neat and orderly manner and comply with all
applicable laws. The Licensee shall also be responsible for providing whatever security is
necessary to protect the licensed premises. In no event will the Licensor be responsible for
damages to the facilities constructed by the Licensee.
4. Licensee shall provide appropriate documentation to the Licensor to show that the
Licensee is self-insured. See attached Exhibit "D" for insurance documentation. Licensee
agrees to continue such self-insurance arrangements in force, during the term of the License.
5. Licensee hereby agrees to defend, indemnify, and hold harmless Licensor, its officers,
agents and employees from any and all liability for claims for injury or death to persons or
damage to property arising as a proximate result of the exercise of any of the rights and
privileges granted herein; exercised by Licensee, its agents, employees, contractors,
subcontractors, or by anyone or more persons directly or indirectly employed by, or acting as,
agent for the Licensee or any of the Licensee's contractors, subcontractors, agents or
2
employees. This indemnification provision applies regardless of whether or not the Licensee
. has prepared or supplied, and the Licensor has approved plans and/or specifications for the
,
.
.'
project and operations for which this License is obtained. With respect to Licensee's
operations for construction, installation, and maintenance and operation of a water monitoring
well and appurtenant facilities upon the property described herein, Licensor hereby agrees to
defend, indemnify, and hold harmless, Licensee, its officers, agents, and employees from any
and all liability for claims for injury or death to persons or damage to property arising as a
proximate result of the negligent acts or omissions of Licensor, its agents, employees,
contractors, subcontractors, or by anyone or more persons directly or indirectly employed by
or acting as agent for the Licensor or any of the Licensor's contractors, subcontractors, agents
or employees.
6. Licensee further agrees that this License shall be binding upon its executors,
administrators, heirs, assigns, and invitees.
7. Licensee also agrees to allow Licensor reasonable access to the water monitoring well
and any appurtenant facilities, as well as access to any and all data obtained from the well
monitoring program.
8. This License is obtained by the Licensee for the furtherance of its High Groundwater
Mitigation Project and also its cooperative program with the United States Geological Survey
(USGS) for ground water monitoring, and it is understood by the parties that USGS crews and
equipment may be involved in the work. This License shall not be assigned or transferred by
the Licensee, its agents, employees, and subcontractors. Any attempt to assign the license
shall, at the option of the Licensor, be void.
3
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LICENSE AGREEMENT
FOR THE CONSTRUCTION OF THREE MONITORING WELLS
IN WITNESS WHEREOF, The parties hereto have caused the contract to be executed the day
and year first above written.
LICENSOR:
LICENSEE:
By:
Judith Valles, Mayor
City of San Bernardino
300 N. "D" Street
San Bernardino, CA 92418
By:
Robert L. Reiter
General Manager/Chief Engineer
P.O. Box 5906
San Bernardino, CA 92412-5906
Approved as to form
and legal content:
JAMES F. PENMAN
City Attorney
By: L 7.~
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San Bernardino Valley Municipal Water District
1350 SOUTH "E" STREET - P. O. BOX 5906 - SAN BERNARDINO. CALIFORNIA 92412-5906 -(909) 387-9200
FAX (909) 387.9247
.
EXHIBIT "0 "
November 13, 2002
Les Fogassy
City of San Bernardino
300 North "D" Street
San Bernardino, CA 92418-0001
Dear Mr. Fogassy,
Thank you for your assistance in processing the license agreement for construction of a
monitoring well on City of San Bcrnardino land.
This letter is to provide you with confirmation of the San Bernardino Valley Municipal
Water District's insurance reserve fund. Since the early 1980's the District has been self-
insured.
.
The District has established a "Reserve for Insurance" fund which has a current fund
balance of$7,000,000. There are no claims pending against the fund.
If you have further questions regarding this matter please contact either Randy Van
Gelder at 909-387-9218 or me at 909-387-9222.
Very truly yours,
~ ~ CR~
Robert L. Reiter
General Manager
and Chief Engineer
.
Directors and Officen
EDWARD B. KILLGORE
Division I
GEORGE A. AGUILAR
Division II
PATMIWGAN
Division III
MARK BULOT
Division IV
STEVE COPELAN
Division V
ROBERT L. REITER
General Manager
and Chief ED.iDter
CITY OF SAN BERNARDINO
Interoffice Memorandum
CITY CLERK'S OFFICE
Records and Information Management (RIM) Program
DATE:
November 21, 2002
TO:
Eileen Gomez, Real Property Specialist
FROM:
Michelle Taylor, Senior Secretary
RE:
Transmitting Documents for Signature - Resolution 2002-363
At the Mayor and Common Council meeting of November 18,2002, the City of San Bernardino
adopted Resolution 2002-363 - Resolution authorizing the execution 0/ a license agreement with
the San Bernardino Valley Municipal Water District/or the construction o/monitoring wells in
various locations around the city.
Attached are three (3) original agreements. Please obtain signatures in the appropriate location
and return the original agreement to the City Clerk's Office as soon as possible, to my attention.
Please be advised that the resolution and agreement will be null and void if not executed
within 60 days, or by Jannary 17, 2003.
If you have any questions, please do not hesitate to contact me at ext. 3206. Thank you.
Michelle Taylor
Senior Secretary
e above mentioned documents.
Signed:
Date:
/ l :// .-' tJ ;;;;---
Please sign and return
** FOR OFFICE USE ONLY - NOT A PUBLIC DOCUMENT **
RESOLUTION AGENDA ITEM TRACKING FORM
Meeting Date (Date Adopted): JI-J g-o;;;L Item #
Vote: Ayes~ Nays-e-
Change to motion to amend original documents: -
/r;; Resolution # ;)OO,:}- - 3~ '=3
Abstain ~ Absent 3
Reso. # On Attachments: L Contract term: -
Note on Resolution of Attachment stored separately: -==-
Direct City Clerk to (circle I): PUBLISH, POST, RECORD W/COUNTY
Date Sent to Mayor: 11--\ q -0 ;l.-
Date of Mayor's Signature: 1\- ZO-o2..
Date ofClerklCDC Signature: _\ \-7-0--02....-
Null/Void After: 00 Drrys 1,-n-0..3
By: -
Reso. Log Updated:
Seal Impressed:
v-
i/'
Date MemolLetter Sent for Signature: i (- 7-\ -0.)-
60 Day Reminder Letter Sent on 30th day:
90 Day Reminder Letter Sent on 45th day:
See Attached: V Date Returned: /,?- -J\:-o::r-
See Attached:
See Attached:
Request for Council Action & StatTReport Attached:
Updated Prior Resolutions (Other Than Below):
Updated CITY Personnel Folders (6413, 6429, 6433, 10584, 10585, 12634):
Updated CDC Personnel Folders (5557):
Updated Traffic Folders (3985, 8234, 655, 92-389):
Copies Distributed to:
City Attorney /
Parks & Rec.
Dev. Services /
Code Compliance
Police Public Services
Water
Notes:
Yes ,/ No By
Yes No ~ By
Yes No II' By
Yes NO-f By
Yes No By
EDA
Finance
MIS
Others:
BEFORE FILING. REVIEW FORM TO ENSURE ANY NOTATIONS MADE HERE ARE TRANSFERRED TO THE
YEARLY RESOLUTION CHRONOLOGICAL LOG FOR FUTURE REFERENCE (Contract Term. etc.)
Ready to File: XYrf"
Date: 1d--4~
Revised 0111210 I