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HomeMy WebLinkAbout1997-04-08 - RESOLUTIONS - COMMIT TO ACTIONS (2)RESOLUTION 97-22 A RESOLUTION OF THE CITY OF SANTA CLARII'A, CALIFORNIA AUTHORIZING THE CITY 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 harmless 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 1 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. S ACCAGENDAWAMASTE.RES 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 81-h day of APRIT, , 19 97. ATTEST: CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) § CITY OF SANTA CLARITA ) I, 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 a regular meeting thereof, held on the 8th day of APPTT, 19 97 , by the following vote of the Council: AYES: COUNCILMEMBERS: HEIDT, KLAJIC, BOYER, DARCY, SNYTH NOES: COUNCILMEMBERS: NONE ABSENT: COUNCH-MEMBERS: NONE CITY CLERK S ACCAGENDAUHAZ WASTE.RES MTA CAPITAL PLANNING Fax:213-922-2476 Feb 21 '97 19:04 P.02iO3 PASSED BY 21 1991 r' CAL�NIA� TRANSPORTATION COs111341011 CALIFORNIA TRANSPORTATION COHHISSION RESOLUTION G-91-2 Commission policy Resolution for Hazardous Waste Identification and Cleanup for Rail Right -of -Hay WHEREAS, the Commission has programmed funding for rail right-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, based upon federal and state statutes and regulations, include but are not limited to such categories as heavy metals, (e.g., lead), inorganic (e.g., excessive mineral levels) and organic compounds (e.g., petroleum products), and can occur on a property's surface and subsurface; and WHEREAS, rail properties often have hazardous wastes exceeding State of California and federal hazardous waste standard*; and WHEREAS, such properties contaminated with hazardouswastes require mitigation Prior to using them for rail purposes; and WHEREAS, hazardous wastes discovered on rail property may significantly impact property value, project scheduling and future liability for the grant applicant; and WHEREAS, the Commission must be assured that acquisition of rail properties have been fully reviewed by the grant applicant, and if warranted, the grant applicant has tested for hazardous wastes; and WHEar-ks, if hazardous wastes exist, the commission must be assured that the hazardous wastes identified has either been cleaned up, or financial rsaponsibility for the cleanup has been determined prior to title transfer to the grant applicant, or easement 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 wastes identified subsequent to title transfer to the grant applicant will be cleaned up by the Geller or a mechanism to recover cleanup costs is established and executed as a condition prior to title transfers and WHEREAS, full due diligence is necessary in discovering hazardous waste and is an essential element in acquiring rail right-of-way properties by the grant applicant; and NOW THEREFORE 8E IT RESOLVED* that acquisition of all rail right-of-way properties will be fully investigated by the grant applicant to determine the absence/presence 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 investigations and MTA CAPITAL PLANNING Fax:213-922-2476 Feb 21 '97 19:05 P.03/03 -3- AS IT FURTHER RESOLVED, that all proportion, discovered with hazardous wastes which exceed the federal/state standards, will be cleaned up to the satisfaction of the responsible local, state and/or federal regulatory agency. The appropriate regulatory agency shall certify to grant applicant that the cleanup has been completed, and BE IT FtMTHER RESOLVED, that the grant applicant will certify by formal resolution to the Commission that all. reasonable stepshave been completed t0 assure full due. diligence in the discovery of hazardous waste has been achieved during the acquisition of rail right-of-way and the state is held harmless from cleanup liability or damages, both present and future; and B$ IT FURTHER RESOLVED, that the grant applicant will certify by formal resolution that it will not seek further state funding, for cleanup, damages, or liability cost 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: o that all rail right-of-way acquisition properties have been investigated and have been found clean; 0 or that the cleanup of discoveredhazardous waste has been completed prior to acquisition of the property; 0 or that the grant applicant has obtained permanent easement and the y subsurface rights and liability and. full responsibility to pay for and remove such hazardous waste remains with the seller in conformance with applicable State and Federal law; 0 or if hazardous wastes are known to exist prior to acquisition and if the applicant determines that time is of the essence for acquisition, then and in that event, an enforceable agreement will be entered into requiring the responsible party(les) to clean all hazardous wastes by a date certain, 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 its participation. This resolve does not preclude the recipient from requesting re -allocation not to exceed the refunded amount after the hazardous waste(s) have been fully removed from the subject site; and BE IT FURTHER RESoLv%D, 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 of title; and BE IT FURTHER RESOLVED, the Commission declares all future liability resulting from hazardous wastes remain with the seller or the grant applicant, not the state, and the grant applicant has been indemnified by the seller for any costs resulting from failure to eliminate hazardous wastas; and HE IT FURTHER RESOLVED, no state funds will be made available for any future costs associated with cleanup, damages, or liability costs associated with hazardous waste■ on or below the acquired property's surface.