| ITEM #: 4. DATE: 09/23/2024 AI #:2255 |
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CITY COUNCIL ACTION REPORT
| SUBJECT: | GRANT OF A MONITORING WELL ACCESS AGREEMENT LOCATED ON CITY OF GOODYEAR RIGHT-OF-WAY |
| STAFF PRESENTER(S): | Philip Cochran, Assistant City Attorney |
SUMMARY
The city is being asked to grant access over a portion of city-controlled right-of-way located south of Luke Air Force Base 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 monitoring wells within the right-of-way, to periodically sample the wells and to perform all other related actions. When the evaluation is concluded the Government will abandon the wells and restore the right-of-way.
STRATEGIC PLAN ALIGNMENT
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RECOMMENDATION
Approve the Access Agreement Environmental Activities related to city right-of-way 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 is 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 controls right-of-way known as West Camelback Road West, Charles Boulevard and North 152nd Avenue. The Government is requesting the city enter into this Access Agreement Environmental Activities to allow the Government to install monitoring wells within the city-controlled right-of way known as West Camelback Road West, Charles Boulevard and North 152nd Avenue.
STAFF ANALYSIS
Staff is recommending granting the Government access to the city right-of-way by executing the Access Agreement Environmental Activities. The execution of the agreement will only have moderate impacts on the City. The Government will obtain all necessary permits prior to doing any work within the right-of-way. 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 wells. Once the monitoring wells are no longer needed the Government will remove the monitoring wells and restore the right-of-way. If at any time, the city determines that any of the monitor wells installed within the right-of-way 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 wells at the Government’s sole expense and restore the right-of-way.