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HomeMy WebLinkAbout2002-04-23 - RESOLUTIONS - METROLINK PROPERTY ACQUISITION (2)RESOLUTION NO. 02-54 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA CLARITA, CALIFORNIA, FOR INDEMNIFICATION OF HAZARDOUS WASTE IDENTIFICATION AND CLEANUP FOR RAIL RIGHT-OF-WAY REQUIRED FOR THE ACQUISITION OF CERTAIN PROPERTY FOR PUBLIC PURPOSES FOR THE CONSTRUCTION OF AN ADDITIONAL 150 PARKING SPACES AT THE JAN HEIDT METROLINK STATION IN NEWHALL WHEREAS, the California Transportation Commission (Commission) has programmed funding for all rail right-of-way acquisitions 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 waste, 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 waste exceeding State of California and federal hazardous waste standards; and WHEREAS, such properties contaminated with hazardous waste require mitigation prior to using them for rail purposes; and WHEREAS, hazardous waste 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 waste; and WHEREAS, if hazardous waste exists, the Commission must be assured that the hazardous waste identified has either been cleaned up, or financial responsibility for the cleanup has been determined prior to title transfer t6 -the grant applicant, or easement has been secured in lieu of purchasing the property, and theXubsurface rights and liability for hazardous waste remain with the property seller; and \\. WHEREAS, hazardous waste 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 necessary in discovering hazardous waste and is an essential element in acquiring rail right-of-way properties by the grant applicant. NOW THEREFORE, the City Council of the City of Santa Clarita does hereby resolve as follows: SECTION 1. That acquisition of all rail right-of-way properties will be fully investigated by the grant applicant to determine the absence/presence of hazardous waste. Resolution No. 02-54 Page 2 Investigations shall be conducted in accordance with the standards and practices of the local, State, and/or federal regulatory agencies having jurisdiction, and by personnel adequately trained in hazardous waste investigation. SECTION 2. That all properties discovered with hazardous waste which exceeds 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. SECTION 3. That the grant applicant will certify by formal resolution to the Commission that all reasonable steps have been completed to ensure that 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. SECTION 4. That the grant applicant will certify by formal resolution that it will not seek further State funding for cleanup, damages, or liability costs associated with hazardous waste on or below acquired property's surface. SECTION 5. That the grant applicant will certify to the Commission: a. That all rail right-of-way acquisition properties have been investigated and have been found clean; or b. That the cleanup of discovered hazardous waste has been completed prior to acquisition of the property; or C. That the grant applicant has obtained permanent easement and the 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; or d. If hazardous waste is 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(ies) to clean all hazardous waste by a date certain, with the option of funds sufficient for the cleanup 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 has been fully removed from the subject site. SECTION 6. 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. SECTION 7. The Commission declares all future liability resulting from hazardous wasteremain with the seller or the grant applicant, not the State, and the grant applicant Resolution No. 02-54 Page 3 has been indemnified by the seller for any costs resulting from failure to eliminate hazardous waste. SECTION 8. 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. PASSED, APPROVED, AND ADOPTED this 23rd day of April, 2002. ATTEST: r CITY CLERK l STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss. CITY OF SANTA CLARITA ) I, Sharon L. Dawson, CMC, City Clerk of the City of Santa Clarita, do hereby certify that the foregoing Resolution was duly adopted by the City of Santa Clarita at a regular meeting thereof, held on the 23rd day of April, 2002, by the following vote: AYES: COUNCILMEMBERS: Weste, McLean, Kellar, Smyth, Ferry NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None CITY CLERK JKT:W council\tzo02\ â– upmtalagr0423o2.doc