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Home My WebLink About2008/11/04 Item 6 CITY COUNCIL AGENDA STATEMENT ::?}If? CITY OF ~~CHULA VISTA ITEM TITLE: SUBMITTED BY: REVIEWED BY: 11/4/08, Item~ RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF AN ENCROACHMENT PERt\1IT WITHIN THE CITY RIGHT-OF- WAY OF MACE STREET TO THE UNITED STATES GEOLOGICAL SURVEY (USGS) FOR THE INSTALLATION, OPERATION, AND MAINTENANCE OF A MULTI-DEPTH GROUND W ATER MONITORIN~~LL DIRECTOROFENGINEERIN~ INTERIM CITY MANAGER ~ 4/STHS VOTE: YES 0 NO [g] SUMMARY No comprehensive study of groundwater resources currently exists for the coastal San Diego area, including Chula Vista. The present USGS project proposes to complete such a study using the installation of multi-depth monitoring wells at select specific locations in four coastal river basins; San Dieguito, San Diego River, Sweetwater River, and the Otay River. The USGS has requested that the City grant an easement to allow the installation of one of these monitoring wells adjacent to the Otay River. ENVIRONMENTAL REVIEW The Environmental Review Coordinator has reviewed the proposed project for compliance with the California Environmental Quality Act (CEQA) and has determined that the project qualifies for a Class 6 categorical exemption pursuant to Section 15301 [Information Collection] of the State CEQA Guidelines. In addition, the Environmental Review Coordinator has reviewed the proposed project for compliance with the National Environmental Policy Act (NEPA) and has determined that the project qualifies for a Categorical Exclusion pursuant to Paragraph 9.5, Sections A, F & K [Exploratory/observation groundwater well drilling] of the National Environmental Quality Policy Act of 1969 as defined by the United States Department of the Interior. Thus, no further environmental review is necessary. RECOMMENDATION Council adopt the resolution. BOARDS/COMMISSION RECOMMENDATION Not applicable. 6-1 11/4/08, Item~ Page 2 of 2 DISCUSSION No comprehensive study of groundwater resources currently exists for the coastal San Diego area, including Chula Vista. The present United States Geological Survey (USGS) project proposes to complete such a study using the installation of multi-depth monitoring wells at select specific locations in four coastal river basins; San Dieguito, San Diego River, Sweetwater River, and the Otay River. The USGS has requested that the City grant an easement to allow the installation of one of these monitoring wells adjacent to the Otay River. The site selected is located on a portion of City owned land that is going to be the Mace Street staging area for the Otay Valley Regional Park (OVRP). The USGS has constructed, installed and is presently monitoring data from eight wells in southwestern San Diego County. The piezometers; small diameter PVC conduits installed within the primary well borehole at various depths, are routinely, and in some cases continuously, monitored for ground water level and water quality. The collected data helps answer questions vital to water resource planning, such as availability and distribution of high quality groundwater, advance warning of intrusion of seawater into water used for public supply, and of any potential land subsidence due to withdrawing resources from the subsurface. The USGS wells are designed as permanent installations that will provide data to assist with water resource planning and management for decades. Real-time monitoring data for all USGS wells is made available via satellite link and web-based user interface. Staff has reviewed the request and determined that the proposed monitoring well is consistent with the uses permissible for this land. Additionally, the proposed encroachment location will not interfere with the construction operation or maintenance of the future Mace Street or the Mace street staging area of the OVRP. While the City is under no obligation to grant this encroachment to the USGS without compensation, staff has determined that, due to the location and restricted alternative uses for this area, the value of the encroachment is nominal. Further, the benefits of ongoing monitoring of underground water supply and quality outweigh any impacts caused by the facilities. DECISION MAKER CONFLICT Staff has reviewed the property holdings of the City Council and has found no property holdings within 500 feet of the boundaries of the property, which is the subject of this action. FISCAL IMPACT There is no net negative impact to the General Fund. The USGS will pay $2,500 for staff time expended on this project. ATTACHMENTS l. Encroachment permit Prepared by: Rick Ryals, Real Property Manager, Engineering Department 6-2 Recording requested by and please return to: ATTACHMENT / City Clerk City of Chula Vista P.O. Box 1087 Chula Vista, CA 91912 [X] This document bene firs permittee. Recording fee required. ' (This space for Recorder's use, only) AITeets Assessor's Parcel No(s) None (RJW) C.V. File No. RP-OOI AUTHORIZATION FOR ENCROACHMENT IN CITY RIGHT OF WAY Permit No. The United States Geological Survey (USGS) ("Perminee"), whosemailingaddressis4165SpruanceRoad.Suite 200 San Diego, CA 92101-0812, has requested permission from the City of Chula Vista ("City") to encroach on the City's right-of-way, currently designated as Mace Street, for the purposes of installing, operating and maintaining a multi-depth ground water monitoring well. Pursuant to Chapter 12.28 of the Chula Vista Municipal Code, the City grants permission to Permittee for the installation, operation and maintenance ofa multi-depth ground water monitoring well (the "Encroaclunent") within that portion of Mace Street, as described in a legal description designated as Exhibit "A" and as more particularly shown on a plat designated as Exhibit "B", both attached to and incorporated into this Permit (the "Encroachment Area"). Permittee agrees to and shall comply with the following terms and conditions: 1. Permitee is responsible for obtaining any permits necessary to install the multi-depth ground water monitoring welL Permittee shall notify the Public Works Deparlment Storm Water Section at (619) 397-6111 at least thirty-six (36) hours prior to beginning work. 2. The Encroachment shall in no way interfere with any existing utility, including the maintenance or operation of existing water meters, CATV and telephone pedestals, public storm drains, sewer lines, irrigation water lines or irrigation electrical lines owned and maintained by the City. Any costs arising from changes of or to any facihty due to the Encroachment shall be the sole responsibility of Perminee. 3. Permittee is solely responsible for the maintenance, removal or relocation of the Encroachment at no expense to City. 4. Permittee shall call Underground Service Alert (One call mark-out service) at 1-800-422-4133 a minimum of two working days prior to any excavation being done in the Encroachment Area, including postholes or footing excavations. rvlark-out of existing underground facilities shall be made prior to making any excavations. 5. Permittee. shall install and maintain the Encroachment in a safe and sanitary manner. 6. Permittee shall not allow the Encroachment to block the existing course of surface drainage to the extent that it may endanger the public or the surrounding properties or cause ponding of water. 7. Pemrittee shall ensure that the Encroachment conforms to all standards and specifications as stated in the Chula Vista Municipal Code. Page 1 6-3 8. Permittee shall notify the City Engineer and the Public Works Department Stonn Water Section at (619) 397- 6111 at least 24 hours (one working day) before the Encroachment is to be removed to ensure the work is completed according to standard practices acceptable to the City. Pennittee shall obtain any required permits from the City prior to beginning removal work. 9. Permittee shall ensure that the Encroachment conforms to the standards of the City ofChula Vista, including but not limited to, the following: a. ~ennittee shall restore existing improvements and/or landscaping damaged or affected by the Encroachment; b. Permittee shall replace or relocate any landscape irrigation structures alfected by the Encroachment; c. Permittee shall not cut and patch partial sidewalk panels. 10. Permittee shall call the Public Works Construction Inspection Section at (619) 397-6128 at least 24 hours (one working day) prior to doing any work in the Encroachment Area. This Permit is revocable upon one hundred twenty (120) days written notice to the Permittee by the City. Upon such notice, Permittee shall remove or relocate the Encroachment at Permittee's sole cost. Pennittee acknowledges that this Permit may create a possessory interest in the Encroachment Area, in favor of the Pennittee. If such a possessory interest is created, Pennittee shall be responsible for any property taxes. Permittee shall defend, indemnify, protect, hold harmless and release the City, its elected and appointed officers and employees, from and against all claims for damages, liability, cost and expense (including without limitation attorneys' fees) arising out of or in anyway related to the Encroachment or the conduct of the Pennittee, or its agents or employees, subcontractors, or others (including third parties) in connection with the execution of the work covered by this Permit. Pennittee's obligation to indemnify the City shall not apply only for those claims arising from the sole negligence or sole willful conduct of the City, its officers, or employees. Permittee's indemnification shall include any and all costs, expenses, attorneys' fees and liability incurred by the City, its officers, agents, or employees in defending against such claims, whether the same proceed to judgment or not. Further, Permittee at its own expense shall, upon written request by the City, defend any such suit or action brought against the City, its officers, agents, or employees. Pennittee's indemnification of City shall not be limited by any prior or subsequent declaration by the Permittee. All tenns and conditions of this Permit run with the land and shall apply to Permittee's heirs, assigns, successors or transferees. (End of page. Next page is signature page.) Page 2 6-4 SIGNATURE PAGE FOR ENCROACHMENT PEMIT No. CITY OF CHULA VISTA: Date Cheryl Cox. Mayor (City Clerk to attach acknowledgment) UNITED STATES GEOLOGICAL SURVEY Date (Notary to atrach acknowledgment for each signature.) (Corporate Authority required for each Signatory, If applicable) Page 3 6-5 ]-15511c EXHIBIT "A" LEGAL DESCRIPTION Being a portion of Block 7 of "Eastern Addition to Otay", in the City of Chula Vista, County of San Diego, State of California, according to Map thereof No. 523 filed in the Office of the County Recorder of San Diego County, April 6, 1888 said portion being more particularly described as follows: Beginning at a point in the centerline of "Mace Street" which bears North 00028'47" East a distance of 1090.00 feet to the centerline of "Main Street", said point being the Northeast corner of said Block 7; thence North 89031'13" West 36.00 feet to the West Right-of-Way of "Mace Street" as dedicated to the City of Chula Vista by the Easement for Street Purposes recorded in the Office of the County Recorder of San Diego County on December 23, 1991 as Document No. 1991-0664668; thence along said Right-of-Way South 00028'48" West 96.81 feet to the beginning of a tangent 90.00 foot radius curve concave Westerly; thence Southerly along the arc of said curve through a central angle of 21027'39" a distance of 33.71 feet; thence South 21056'26" West 42.72 feet to the TRUE POINT OF BEGINNING; thence leaving said Right-of-Way South 68003'34" East 9.00 feet; thence South 21056'26" West 6.00 feet; thence North 68003'34" West 9.00 feet to said Right-of-Way; thence North 21056'26" East 6.00 feet to the the TRUE POINT OF BEGINNING. Containing 54.00 square feet, more or less. ~'?;;2y ~/ Patrick A. McMichael, L.S. 6187 /,....6 '08 Date lbjlSSllc.002 6-6 EXHIBIT .. B" MAIN STREET !iJa S/=o g;]g bO ",,- ~[L,@~~ N89.31'13'W 36.00' (TIE) ~ _..._.._u ...--1....-..............--_. PO B NORTHEAST CORNER BLOCK 7. MAP 523 ~ ~[L,@~~ ~ ~~ ~()) V) (j ~~~u~lRilM ~[Q)[Q)OuO@lM &, ..-,'"' " est:::: t!g~ l\J' . .Q;:-J <l if@ @u~W ~~~ ~~.~ 1,008 4'QS6' <6'<:- 6.co: 0; g) I--~ ~C\JCQ Q;:~~ \;);:;'" ~~~ u- S<lJJu 1JJQ;:8 GJ [3.!Q !Qgs 1JJQ. g;; Q. f2ZJ LEGEND INDICA TES PORTION OF BLOCK 7 OF MAP 523 DESCRIBED IN EXHIBIT '~" (CONTAINS 54.00 SQUARE FEETJ IIU.M. . 5620 FRIARS ROAD ).15511c · SAN DIEGO, CA 92110 .. 619.291.0707 ENGINEERING em.lrANi' (FAX)619.291A 165 I- W W c:: I- en W U <:( 2 N 10 o 10 __1 5 GRAPHIC SCALE 1"= 10' ~z../4~-?'4/ /":!.-6,,! . PATRICK A. MCMICHAEL DA TE LS 6187 l.\I \1551 to\olto_15..mooe\t 5511 o-Oxtl..lTJll2....oemtOt. dgn. " \OI"V -OO'I'P1 \R I okStald<rdll\8$rTt 1 oy ...200G\wor1<.1lpooo\;lro J &etu\C;x-pstdo...2005-S0\ I p I ot\COrpStd.-2005_SD. pen 06-QCT-1.000 10.1S 6-7 RESOLUTION 2008- RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CHULA VISTA APPROVING THE GRANT OF AN ENCROACHMENT PERt\1IT WITHIN THE CITY RlGHT- OF-WAY OF MACE STREET TO THE UNITED STATES GEOLOGICAL SURVEY (USGS) FOR THE INST ALLA TION, OPERATION, AND MAINTENANCE OF A MULTI-DEPTH GROUND WATER MONITORlNG WELL WHEREAS, the City of Chula Vista is the fee owner of that certain dedicated right-of- way currently known as Mace Street, situated in the City Of Chula Vista, County of San Diego, State of California; and WHEREAS, no comprehensive study of groundwater resources currently exists for the coastal San Diego area, including Chula Vista; and WHEREAS, a current United States Geological Survey (USGS) project proposes to complete such a study using the installation of multi-depth monitoring wells at select specific locations in four coastal river basins; San Dieguito, San Diego River, Sweetwater River, and the Otay River; and WHEREAS, the USGS has requested that the City grant an Encroachment Permit to allow for the installation of one of these monitoring wells adjacent to the Otay River; and WHEREAS, the proposed multi-depth monitoring well is consistent with the permissible uses for this right-of-way. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Chula Vista that it approves the grant of an Encroachment Permit within the City right-of-way of Mace Street to the United States Geological Survey (USGS) for the installation, operation, and maintenance of a multi-depth ground water monitoring well. Presented by Approved as to form by Richard A. Hopkins Director of Engineering '~~-/L_/~~ . Bart Miesfeld U ~ Interim City Attorney H:\ENGfNEER\RESOS\Resos2008\11-04-08\USGS encroachment pwnitREV revised by ec.doc 6-8