| ITEM #: 3. DATE: 09/23/2024 AI #:2254 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | GRANT OF A MONITORING WELL ACCESS AGREEMENT ON PROPERTY OWNED BY CITY OF GOODYEAR |
| STAFF PRESENTER(S): | Philip Cochran, Assistant City Attorney |
SUMMARY
The city is being asked to grant access to a portion of city owned property north of Camelback Road and south of Luke Air Force Base with Maricopa County Assessor’s Parcel Number 501-61-936C (the “City Parcel”). The access is being requested in order for the United States of America, acting by and through the Secretary of the Air Force (the “Government”), to conduct a groundwater investigation near Luke Air Force Base. The Government desires to survey for, drill, construct and develop one monitoring well, periodically sample the well and perform all related actions. When the evaluation is concluded the Government will abandon the well and restore the property.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
Approve the Access Agreement Environmental Activities related to the City Parcel 501-61-936C and authorize its execution by the City Manager. (Philip Cochran, Assistant City Attorney)
FISCAL IMPACT
There is no fiscal impact to the City as the federal government will be responsible for all associated costs.
BACKGROUND AND PREVIOUS ACTIONS
The Government is conducting a groundwater investigation near Luke Air Force Base because the groundwater immediately south of Luke Air Force Base is known to be impacted by perfluorinated compounds also known as “PFAS”. The Government’s testing activities are being taken under its Defense Environmental Restoration Program pursuant to applicable environmental laws and requirements. The Government desires to evaluate the groundwater south of Luke Air Force Base in the vicinity of Camelback Road to fully understand the extent of PFAS impacts. The City of Goodyear owns the City Parcel north of Camelback Road and south of Luke Air Force Base. The City Parcel is currently vacant and not utilized by the city. The Government is requesting the city enter into the Access Agreement Environmental Activities to allow the Government to install a monitoring well on the City Parcel.
STAFF ANALYSIS
Staff is recommending granting the Government access to the City Parcel by executing the Access Agreement Environmental Activities. The execution of the agreement will not impact the operations of the City because the City Parcel is currently vacant and not utilized by the City. The term of this Agreement shall be for one (1) year, with the option for the Government, at its discretion, to exercise nine (9) annual renewal options. The Government shall have sole responsibility for all costs and expenses relating to the monitoring well. Once the monitoring well is no longer needed the Government will remove the well and restore the property. If at any time, the City determines that the monitor well installed within the City Parcel will interfere with city-approved development plans, the city may provide written notice to the Government of such interference and within ninety (90) days of the date of such notice the Government shall remove the monitor well at the Government’s sole expense and restore the City Parcel.