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HomeMy WebLinkAbout1997-04-08 - AGENDA REPORTS - HAZARDOUS WASTES (2)AGENDA REPORT City Manager Approval V Item to be presented by: Lynn Harris CONSENT CALENDAR DATE: April 8, 1997 SUBJECT: RESOLUTION 97-22 RELATED TO HAZARDOUS WASTES ON STATE - FUNDED RIGHT-OF-WAY ACQUISITIONS DEPARTMENT: Public Works On November 25, 1996, the Board of Directors of the Los Angeles County Metropolitan Transportation Authority (MTA) recommended to the California Transportation Commission. (CTC) the funding of a Newhall Metrolink station with State Transit Capital Improvement (TCI) funds. On April 30, 1997, the CTC is scheduled to act upon an allocation request by the City to access those funds. On February 21, 1991 the CTC adopted Resolution No. G-91-2 as a policy for Hazardous Waste Identification and Clean -Up for Rail Right -of -Way. That resolution requires that grant applicants for state funds certify that all reasonable steps will have been completed to assure full due diligence in the discovery of hazardous waste is achieved during acquisitions of rail rights-of-way (including fee title and easements) and that the State is held harmless from clean-up, liability, or damages associated with hazardous wastes on or below acquired property's surface, both present and future. An initial Newhall Metrolink site assessment report, completed on February 4, 1997, recommended a limited geotechnical investigation which is currently underway. The results of that analysis are expected to be complete after the April 30, 1997 CTC meeting. However, in the interim, the CTC funding allocation process requires the attached resolution. 0 -OV -61 Adopt Resolution No. 97-22 Resolution No. 97-22 CTC Resolution No. G-91-2 Agenda Itenn: S.%CCAGENDA*LkZWASTE.AGN Mopted:4__:I_� 5' RESOLUTION 97-22 A RESOLUTION OF THE CITY OF SANTA CLARITA, CALIFORNIA AUTHORIZING THE C]TY MANAGER TO COMMIT TO ACTIONS RELATED TO HAZARDOUS WASTES ON STATE -FUNDED RIGHT-OF-WAY ACQUISITIONS WHEREAS, The State of California ("the State") programs, allocates, and approves state financial assistance for planning, capital, training, demonstration, and operating activities associated with transportation projects, through the California Transportation Commission ("CTC"), the California Department of Transportation ("Caltrans"), and other state grantor agencies; and WHEREAS, all agreements or contracts for financial assistance from the State will impose certain obligations upon the City of Santa Clarita ("City") including the provision by each agreement or contract, if specifically required, of local match for projects; and WHEREAS, to invoice against state funds made available by the CTC, Caltrans, or other state grantor agencies for approved transportation projects and activities, the City is required to apply for such funding, seek related approvals, and execute funding agreements or contracts with the CTC, Caltrans, or other state grantor agencies; and WHEREAS, the CTC adopted Resolution No. G-91-2 dated February 21, 1991 as a policy for Hazardous Waste Identification and Clean -Up for Rail Right -of -Way; and WHEREAS, that Resolution requires that grant applicants for state funds certify that all reasonable steps will have been completed to assure full due diligence in the discovery of hazardous waste is achieved during acquisitions of rail rights-of-way (including fee title and easements) and that the State is held harinless from clean-up, liability, or damages associated with hazardous wastes on or below acquired property's surface, both present and future; and WHEREAS, that Resolution also requires that the City commit not to seek further state funding for clean-up, damages, or liability costs associated with hazardous wastes on or below the surface of acquired property (including fee title or easements). NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA CLARITA does resolve as follows: SECTION I That the City Council of the City of Santa Clarita certifies to the CTC that all reasonable steps will have been completed to assure that full due diligence in the discovery of hazardous waste has been achieved in acquiring property (including fee title and easements) for commuter/urban rail projects and that the State will be held harmless from clean-up liability or damages, both present and future on the state -funded property acquisitions for commuter/urban rail projects. SACCAGENDMHAMASTERES SECTION 2 That the City Council of the City of Santa Clarita will not seek further state funding for clean-up, damages, or liability costs associated with hazardous wastes on or below the surface of property acquired with state funds for commuter/urban rail projects. PASSED, APPROVED AND ADOPTED this MAYOR ATTEST: CrFY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES CrFY OF SANTA CLARrrA day of L Sharon L. Dawson, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City Council of the City of Santa Clarita at aregular meeting thereof, held on the day of 19—, by the following vote of the Council: AYES: COUNCILMEMBERS: NOES: COUNCILMEMBERS: ABSENT: COUNC]LMEMBERS: CrrY CLERK SACCAGENDAUiAZWASTERES MTA CAPITAL PLANNING Fax:213-922-2476 Feb 21 '97 19:04 P.02/03 mum SV FEB 2 11991 , I CARONA W ' 410 TRMSPORTAXION COMMIU109 CALIFORNIA TRANSPORTXTIOU COMHISSION RESOLUTION G-91-2 Commission Policy Resolution for Hazardous Waste IdentifLcatLan and Cleanup for Rail Right -of -Ray WHEREAS, the Commission has programmed funding for rail rlght-of-way acquisition in the 1990 State Transportation Improvement Program and may allocate funds for rail right-of-way acquisition from the Clean Air and Transportation improvement Act; and WHEREAS, hazardous wastes, baund upon federal and state statuten and regulations, include but are not.limited to such catagorion as heavy matalst (e,gwr lead)o inorganic excessive mineral levels) and organic compounds (e.g., petroleum products), and can occur on a,proporty,s ourfaca and subsurface; and WHEREAS, rail properties often have hazardous wastes exceeding State of California and federal hazardous waste standards; and WHEREAS, such properties contaminated with hazardous. wastes require mitigation Prior to uming theat for rail purposes; and WHEREAS,, hazardoum wastes discovered on rail property may significantly impact PrOPOrt:Y valuat project scheduling and future liability for the grant applicantl and WHEREAS' the Commission must be Assured that acquisition of rail properties have been fully reviewed by the grant applicant,' and if warrantedt the grant applicant ham tested for hazardous wastes; and WHEREAS, if hazardous waztes'exLst, the Commission must be assured that the hazardous wastes identified has either been cleaned up, or financial responsibility for the cleanup has been daterMinedprLor to title transfer to the grant applicant, or Basement has been secured in lieu of purchasing the property, and the subsurface rights and liability for hazardous wastes remain with the Property seller; and WHEREAS, hazardous waotes identified subsequent to title transfer to the grant Applicant will be cleaned up by the seller or a mechanism to recover cleanup Costs is established and executed as a condition prior to title transfer; and WHEREAS, full due diligence is "Ceesary in discovering hazardous waste And is an essential element in acquiring rail right-of-way ProPerties by the grant applicant; and NOW THEREFORE BE IT RESOLVED,' that acquinition of all rail right-of-way properties will be fully investigated by the grant -applicant to determine the abuenC81presence Of hazardous wastes. Investigations shall be conducted in accordance'to the standards and practices of the local, state and/or federal regulatory agencies having jurisdiction and by personnel adequately trained in hazardous waste investigation; and MTA C�PITAL PLANNING Fax:213-922-2476 Feb 21 '97 19: 1 05 -2- 916-5610 aZ IT FURTHER RESOLVED, that all proportion, discovered with hazardous wastes which exceed the faderal/state standards, will be cleaned up to the satisfaction of the responsible locai, state and/or federal regulatory agency. The I appropriate regulatory agency shall certify to grant applicant that the cleanup has been complatedl and HE IT FURTHER RESOLVED, that the grant applicant will Certify by formal resolution to the Commission that all. reasonable steps. have, been completed to assure full due diligence in the discovery of hazardous waste has been achieved during the acquisition Of rail r1ght-of-way and the state Is hold harmless from cleanup liability or damages, both present and future; and EZ IT FURTHER RESOLVED, that the grant 'applicant will certify by'.formal resolution thatAt will not Beak farther state funding, for cleanup, damages, or liability COUt associated with hazardous wastes on or below acquired property's surface; and BE IT FURTHER RESOLVED, that the grant applicant will certify to the Commission-. • that all rail right-of-way acquisition properties have been investigated and have been found cleanj • or that the cleanup Of discovered. hazardous waste has been completed prior to acquisition of the property;, 0 or that the grant applicant has obtained permanent easement and the subsurfaca rights and liability and full responsibility to pay for and rQmOVQ Such MzArddua waste remains with Ehe seller in conformance with applicable state and Federal law; 0 or if hazardous wastes are known to-OxLst prior to acquisition and if the applicant determines that time in of the essence for acquisition, then and in that event, an enforceable &VrQGmftAt will be entered into requiring the responsible party(Loo) to clean all hazardous wastes by' a date ceitain, with the option of funds' sufficient for the clean-up costs deposited in escrow by the seller, In the event of failure to clean up by the date determined, the recipient of the grant will make full restitution to the state for itff, Participation. This resolve does not preclude the recipient from requesting re -allocation not to exceed the refunded amount after the hazardous wasta(s) have been fully removed from the subject site; and BE IT FURTHER RESOLVED, that the grant applicant will certify to the Commission that the seller from whom properties have been acquired retain liability for any hazardous waste investigation and/or cleanup, and damages discovered subsequent to the transfer at title; and BE IT FURTHER RESOLVED, the.Co=Ission declares all future liability resulting from hazardous wastes remain with the seller Or the grant. applicant, not the state, and. the grant applicant has boon indemnified by the seller for any costs resulting from failure to eliminate hazardous wastes; and HE IT FURTHER RESOLVED, no State funds'will be made available for any future coats associated with cleanup, damages, or liability coats associated with hazardous wastes an or below the acquired propertyps surface.