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HomeMy WebLinkAbout15-Development Services . . 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~--- . . .\ 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 . . .' 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 . . . 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 . .' 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 . . .' 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.~ /(/ 4 j "';::S3 I ~\), '" i~.@ ........... ~$S~ . . < (0 ~ 0 ~ , ~ . - ~ l:C - ::r:: ~ ~ W 5.. . ...If .5 I.! E~... I!..o I2g M " ---- -~ . ,~ @ <ID -.J I . -...-&~S I i ~ III , _1_ . I L .3-I-~- . . I .. ~ ~ iI-r,,~r .',.. I' .. . ~ .l:l ~@~ t ~ , ~ ;;; ... - ...-U ~ ""-11'17 "'-.a;.. on .~ " '': ~.,. 'to.,. E ~~ ~ "2 .,. . 0 l@~ ~ t: N . ::E " A:€>S "3 . '" ... 8- ... ~ .' ... ... N 0 I ~ ... I. I ."@ tl' ~(i) ~ 'l- 1 /".._, .. I, .7.~rl ~ ",!i 08 il~ ~;:l;~ I-I! Jh -~ 5~ CIIQ 'J< ii -. j eo. . !i ~E !i ~ @ b "- (,) I 2 'E1:i 2C1l ...~ ! c: bl " ~ @-Lb33IUS I ~ . 'i . ~ i- ~'6I . ti; ... . I .~-I-i- I I I .> 0 I II 0 e . "So 0 0 oJ d' '" ... t .. ... I ~ <> I ... ... I s I <Rl . @ e @ ! @ @ . ~l:! :lR :to aI O:~ @ ; 2"; ...:; <!I> . "" . d . :d! @ E &It . :&:& "i' ~. .... . 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III III 0 @ =gc ~:;o <1Il,x <Ill-I'- J+, .\...-0; .-- -e L - . ..8) :\. ... ! -e !!@ ..~ '"El -$ ..a -e II - @ 'Q -- ~I i. ., ... ." ... IP ..- II 0 .. .l;; @ 't> 50$<; ... 0 ~ :!ll> ~~ !!@: t> I- i ~ all: .- -- -- -- C/). H'" S HI"Ol:l , ~; ".., =U'l&' ~ lie " If @ "lI1i <t. @ ... .... .1&..' . ~ @ " ~8 ~e ;e .. ~e ~ J ~ 6 9 . . ;8 ... ~ .,; <Ii '" f -- .-"" -.lSC>I @ 3 ~ ! fii l u Q ~ .. .. .. co l! c 'C 0 1; ~"IN"o ~ ~ 'c {Me; 0 ~ 'I:l .. 'b~ IA .. I> &. I - 0 e 0 0 -4 c. .of.. ~,._\111U./~~ .. ~ ,.. .~ . =- (,I = .. .. .. .. ~ 0 ~ #.. ~" ;r .It~" \ 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