1995-0207_CALIF, STATE OF_D5_Agenda Report AGENDA ITEM February 7, 1995
TO: George Scarborough, City Manager
FROM: William M. Huber, Engineering &Building Director
SUBJECT: Resolution for Hazardous Waste Clearance, Lot 11, Tract 50 - Multi Modal
Parking(DiMaio Property Acquisition)
RECOMMENDATION
By Resolution, approve the proposed certification for Lot 11, Tract 50 (DiMaio)to the California
Transportation Commission that all reasonable steps have been completed to assure that full due
diligence in the discovery of hazardous waste has been achieved, and that the State is held
harmless from cleanup liability or damages, both present and future. That the City will not seek
further State funding for cleanup, damages, or liability costs associated with hazardous wastes on
or below the acquired property's surface.
SITUATION
A. Summary and Recommendation
As part of the submittal to the California Transportation Commission for a change of
scope and funding on the Multi Modal Parking project, Staff is recommending that the
City Council certify by formal resolution to the Commission that all reasonable steps have
been completed to assure that full due diligence in the discovery of hazardous waste has
been achieved, and that the State is held harmless from cleanup liability or damages, both
present and future on this property. The resolution must also state that the City will not
seek further State funding for cleanup, damages, or liability costs associated with
hazardous wastes on or below the acquired property's surface.
B. Background
1. Funding
In 1987, the City's Community Redevelopment Agency approved a Request for
Proposal for consultant services to design a parking deck over the Multi Modal lot.
Two preliminary designs for the proposed parking deck were developed by Boyle
Engineering, suggesting a deck would accommodate between 134 and 162 spaces.
It is not clear what information these designs were based upon, but it is likely base
plans for the Multi Modal terminal were used.
FOR CITY COUNCIL AGEN 3/ 5
AGENDA ITEM
February 7, 1995
Page 2
In November 1987, the Agency retained Thirtieth Street Architects to design/build
the parking deck. Approximately $15,000 of the total contract amount of$65,175
was expended on preliminary design work. Work was stopped once the initial
construction estimates were calculated based on the preliminary designs. It was
perceived that the construction costs were too high for the number of spaces
obtained.
In August 1991, OCTA and Caltrans encouraged the City to submit a TCI
application because of the lack of Orange County applications that year. The grant
application was due in approximately 30 days. Staff reconsidered the Multi Modal
deck proposal that had stalled because of lack of funding. Thirtieth Street
Architects put together rough conceptual drawings to estimate the number of
spaces so the application could be submitted. Thirtieth Street went back to the
preliminary work they had done in 1987 to prepare the conceptual designs.
Because of the demand for inter-city and commuter parking in San Juan
Capistrano, the application for $1,296,500 was approved.
In September of 1991, the City of San Juan Capistrano successfully applied for
Transit Capital Improvement(TCI)Program funds for the 1992-1993 Fiscal Year.
The TCI application was for the "design and construction of a single-level parking
deck over the existing Capistrano Depot surface parking lot that will add
approximately 63 new spaces directly adjacent to the Capistrano Depot for inter-
city rail passengers".
Ten surface spaces would be permanently lost in order to provide the deck. The
deck would provide 73 spaces for a net On of 63 spaces.
In December 1992, the City Council adopted a resolution approving the contract
with Caltrans to secure the funding and authorized Staffto prepare visual analysis
of the proposed parking deck.
The City Council reviewed the view analysis in March 1993 and authorized Staff
to process the resolution and contract with Caltrans. In April 1993, Staff issued
18 Requests for Proposals for consulting services for the preparation of
professional architectural and engineering drawings and construction documents
for the Multi Modal Parking Deck.
In July 1993, the City entered into a contract with Mark Tannin Architect to
design a Multi Modal parking deck funded by the TCI grant.
AGENDAITEM
February 7, 1995
Page 3
The engineering survey of the site under this contract revealed that it is
approximately 25' less in the north-south direction and approximately 15' less in
the east-west direction than represented to Caltrans with the TCI Application and
also represented to City Council when the view analysis was reviewed. This new
information showed that the intended scope of work for the project could not be
achieved.
At the April 5, 1994 meeting, five options were presented to the City Council
together with the funding implications. City Council passed Resolution 94-4-5-2
which authorized Staff to forward a request for a change of project scope and
funding to the California Transportation Commission, which is the approving
authority for funding on this project. This Resolution is Attachment 3. The
principal change in scope requested is from a parking deck to an expanded surface
parking area, described more fully as Option 5, later in this agenda item. The
request for a change in scope must include environmental clearance, property
appraisal and an Environmental Site Assessment per CTC Resolution G-91-2
(Attachment 2).
2. Existing_ onfiauration of Project Site
The current capacity of the portion of the existing parking lot is 75 spaces. The
project site has a "notch" configuration as the City has no lease or ownership rights
to the eastern part of Lot 11 of Tract 50 (DiMaio).
In 1981, the City applied for a$356,000 Caltrans Grant for the improvement of
the Multi Modal terminal and parking area. The total project cost was $591,000.
The City funded 40% of the cost. The project included acquisition of the Husby
property, and 99-year leases on two Bertolino parcels and 5,600 square feet of a
9,600 square foot lot belonging to Sue DiMaio. The 99-year leases gives the
Owners of the property the right to approve any improvements to the area.
The project funded by the 1981 grant is the existing surface parking lot except that
in 1990, the Multi Modal lot was reconfigured in conjunction with the Depot
remodeling to eliminate four bus bays and provide additional parking.
3. Option 5 (Current Proposal)
The conclusion of the preliminary design phase was that it will not be possible to
construct a parking deck providing 63 additional spaces on the existing site. Five
possible options were studied from which Option 5 was selected by City Council at
the April 5, 1994 meeting.
AGENDAITEM
February 7, 1995
Page 4
This option assumes acquisition of the DiMaio property, Lot 11, Tract 50, and is
shown on Attachment 5. This option proposes a maximization of the site with no
deck, partly by use of retaining walls near Camino Capistrano.
This option would produce 108 spaces, 33 more than existing.
Construction cost $411,670.
Estimated acquisition cost $450,000.
Total cost $861,670.
Available construction grant (TCI) $1,081,000.
Grant surplus $219,330.
Construction cost per parking space $26,111 (($411,670 + $450,000)/33).
As funding for construction is wholly Caltrans', the 33 new parking spaces would
be allocated for inter-city rail parking.
If the funding reallocation is approved then purchase of the DiMaio property will
relieve the City of its obligation to provide 12 parking spaces if the lot were to be
developed,
4. Excess Funds
Option 5 provides a grant surplus of$219,330.
By its April 1994 action, City Council authorized Staff to request allocation of
$45,000 to fund cost overruns on the South Railroad Platform project not funded
from other sources, leaving $174,330. Caltrans has indicated that it may be
possible to allocate this to further platform projects at the San Juan Capistrano
Station site. City Council also authorized Staff to request this allocation for design
and construction by others.
City experience with platform projects to date has shown that they require
considerable allocation of Staff time which could more appropriately be used on
other City projects. The potential for these funds to be allocated to the City with
others such as Amtrak or Metrolink performing the design and construction work
and the City merely passing through funding to them from Caltrans is much more
attractive.
AGENDAITEM
February 7, 1995
Page 5
5. Environmental Site Assessment
In September 1994, the City hired Huntingdon Engineering and Environmental,
Inc. to conduct a Phase I Environmental Site Assessment of Lot 11, Tract 50.
This report, dated January 13, 1995, is now complete and is available for review in
the City Council office and the City Clerk's office.
It is the professional opinion of Huntingdon that the history of the site and the
conditions observed and described in this report indicate that there is no evidence
of the disposal or presence of hazardous substances on the subject property.
6. Appraisal Report
In December 1994, the City awarded a contract to Flashell Tenenbaum&
Edwards to produce an appraisal report for Lot 11, Tract 50. The company was
selected in accordance with both City and Caltrans procedures. The appraisal is in
process at this time and on completion must be reviewed by Caltrans.
7. Proiect Schedule
The following project schedule for the Multi Modal Area can be anticipated
following this City Council action:
May 1995 California Transportation Commission considers request.
Summer 1995 City reassesses the design team and makes design contract
changes.
Fall 1995 New design begins.
Winter 1995 New design complete.
Spring 1996 Begin construction.
Summer 1996 Complete construction.
COMMISSIONBOARD REVIEW. RECOMMENDATIONS
The City's Environmental Review Board issued a mitigated negative declaration for the proposed
project on June 14, 1994. The project will be referred to the Planning Commission and City
Council for review when concept plans have been prepared.
AGENDA ITEM
February 7, 1995
Page 6
FINANCIAL CONSIDERATIONS
Funding for this project is by Transit Capital Improvement (TCI) grant. There is no danger of
losing funding by this action through June 1996.
The current State funding allocation totals $1,296,500 as follows:
State $ Local $ Total $
Administration $40,000 $40,000
R/W Acquisition $314,000 (1) $314,000
Environmental $15,000 $15,000
Preliminary Design $70,800 (2) $70,800
Engineering Design $160,000 $160,000
Construction $1,081.500 $1.081.500
Total $1,296,500 $384,800 $1,681,300
On April 5, 1994, City Council approved the following funding allocation to design and construct
Option 5. This allocation is $279,830 less than the original allocation.
State $ Local $ Total $
Administration $40,000 $40,000
R/W Acquisition $450,000(4) $314,000 (1) $764,000
Environmental $15,000 $15,000
Preliminary Design $40,000 (3) $70,800 (2) $110,000
Surface Design $60,000 $60,000
Surface Construction $411.670 $411,670
Total $1,016,670 $384,800 $1,401,470
Original Grant Total $1,296,500
Surplus $279,830
(1) Existing right-of-way previously purchased by City to be credited as part of City's share
of project.
(2) Existing preliminary design costs expended by City for a deck option before TCI contract
was executed.
(3) Preliminary design costs now requested for Option 5.
(4) Includes $50,000 indirect costs for administration, negotiations and processing costs.
AGENDA ITEM
February 7, 1995
Page 7
NOTIFICATION
Sue DiMaio
Larry Layne, Caltrans, District 12
Viki Rudy, Caltrans, Sacramento
Mark Tannin
ALTERNATE ACTIONS
1. By Resolution, approve the proposed certification for Lot 11, Tract 50 (DiMaio) to the
California Transportation Commission that all reasonable steps have been completed to
assure that full due diligence in the discovery of hazardous waste has been achieved, and
that the State is held harmless from cleanup liability or damages, both present and future.
That the City will not seek further State funding for cleanup, damages, or liability costs
associated with hazardous wastes on or below the acquired property's surface.
2. Do not approve the Resolution.
3. Request additional information from Staff.
RECOMMENDATION
By Resolution, approve the proposed certification for Lot 11, Tract 50 (DiMaio) to the
California Transportation Commission that all reasonable steps have been completed to assure
that full due diligence in the discovery of hazardous waste has been achieved, and that the State is
held harmless from cleanup liability or damages, both present and future. That the City will not
seek further State funding for cleanup, damages, or liability costs associated with hazardous
wastes on or below the acquired property's surface.
Re00
spectfu bmitte Pre ared by,
eo
14
illiam M. Huber, R Brian Peng, P.E., Project Manager
WMH/BP:ssg
Attachments: 1. Proposed City Resolution
2. CTC Resolution G-91-2
3. City Council Resolution 94-4-5-2
4. Proposed Option 5
aAspecs1oldmult.bp
•
RESOLUTION NO. 95-2-7-1
CERTIFICATION OF EIAZARDOUS WASTE EARANCE
LOT 11, TRACT 50 (MULTI-MODAL PARK OT/Di AI01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING THAT ALL REASONABLE
STEPS HAVE BEEN TAKEN TO COMPLY WITH CALIFORNIA
TRANSPORTATION COMMISSION RESOLUTION G-91-2 (LOT 11, TRACT
50 - MULTI-MODAL PARKING LOT/DiMAIO)
WHEREAS, the California Transportation Commission is the approving authority
for Transit Capital Improvement Program Funds; and,
WHEREAS, by Resolution No. 94-4-5-2, the City Council of the City of San Juan
Capistrano approved a request to revise project scope and project funding for the Multi-Modal
Parking Deck; and,
WHEREAS, by Resolution G-91-2, the California Transportation Commission
requires City certification of review of possible hazardous waste; and,
WHEREAS, the City of San Juan Capistrano has reviewed the Report, dated
January 13, 1995, by Huntingdon Engineering and Environmental, Inc., prepared on behalf of the
City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano that Lot 11 of Tract 50 has been My reviewed by the City for hazardous wastes and
that none have been found, and that hazardous wastes identified subsequent to title transfer to the
City will be cleaned up by the seller or a mechanism to recover cleanup costs will be established and
executed as a condition prior to title transfer, and that if the property is discovered to have hazardous
waste which exceed the Federal/State standards, these will be cleaned up to the satisfaction of the
responsible local, State and/or Federal regulatory agency. The appropriate regulatory agency shall
certify to the City that the cleanup has been completed.
BE IF FURTHER RESOLVED, that the City hereby certifies by formal resolution
to the California Transportation Commission that all reasonable steps have been completed to assure
full due diligence in the discovery of hazardous waste prior to the proposed acquisition of the
property and the State is held harmless from cleanup liability or damages, both present and future.
BE IT FURTHER RESOLVED, that the City hereby certifies to the California
Transportation Commission that the property proposed to be acquired has been investigated and has
been found clean.
BE IT FURTHER RESOLVED, that the City hereby certifies 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.
BE IT FURTHER RESOLVED, that the City will certify to the Commission that
the seller from whom the property will be acquired retains liability for any hazardous waste
investigation and/or cleanup and damages discovered subsequent to the transfer of title.
PASSED, APPROVED, AND ADOPTED this 7th day of
February 11995.
CAROLYN ASH, MAYOR
ATTEST:
CITY CLERK
-2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No
95-2-7-1 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 7th day of February 1995, by the
following vote:
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOVIN90N, CITY CLERK
-3-
FEB 21 1991
._ CAIwINIA
faAMPOaTATION C0111016l1011
CALIFORNIA TRANSPORTATION COMMISSION
RESOLUTION G-91-2
Commission Policy Resolution for Hazardous Waste Identification
and Cleanup for Rail Right-of-Way
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
WHZ"XS, 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 Stats of
California and federal hazardous waste standards; and
WHEREAS, such properties contaminated with hazardous wastes 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
WHEREAS, if hazardous wastes exist, the Commission must be assured that the
hazardous wastes identified has either been cleaned up, or financial
responsibility 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 seller or a, mechanism to recover cleanup
costs is established and executed as a condition prior to title transfer; and
WHEREAS, full due diligence In necessary in discovering hazardous waste and is an
essential element in acquiring rail right-of-wey properties by the grant
applicant; and
NOW THEREFORE BE 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 investigation; and
BE IT FURTHER RESOLVED, that all properties, 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 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 right-of-way and the state is held harmless from
cleanup liability or damages, both present and futures and
BE 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 coat associated with hazardous wastes on or below acquired property's
surfaces and
BE IT FURTHER RESOLVED, that the grant applicant will certify to the commission,
o that all rail right-of-way acquisition proportion have been investigated
and have been found cleans
0 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
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 laws
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 a azardous 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. Thin
resolve does not preclude the recipient from requesting re-allocation not to
exceed the refunded amount after the hazardous wapte(s) have been fully removed
from the subject sites 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 of titles 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 wastaml and
\ BE IT FURTHER RESOLVED, no state funds will be made available for any future
costs associated with cleanup, damages, or liability costs associated with
\ hazardous wastes on or below the acquired property's surface.
J
RESOLUTION NO. 94-4-5-2
APPROVING A REQUEST FOR CHANGE OF SCOPE AND PROJECT FUNDING
FOR THE NWLTI-MODAI,PARKING D K ( A T ANS)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO,CALIFORNIA, APPROVING A REQUEST FOR A CHANGE OF SCOPE
AND PROJECT FUNDING THROUGH CONTRACT NO. 75V434 WITH THE STATE
OF CALIFORNIA DEPARTMENT OF TRANSPORTATION
WHEREAS,the City of San Juan Capistrano has entered into a funding contract, Contract No. 75V434 with
the State of California Department of Transportation in the amount of$1,296,000 in State funds with an effective start date of
September 1, 1993; and,
WHEREAS,the conclusion of the preliminary design phase is that it will not be possible to construct a parking
deck providing 63 additional parking spaces on the existing site;and,
WHEREAS,the City of San Juan Capistrano wishes to provide an increase in the existing parking by means
of State funding; and,
WHEREAS,Contract No.75V434 contains a"Scope of Work"in Exhibit"A"and a "Project Cost Estimate"
in Exhibit"E"
NOW,THEREFORE, BE IT RESOLVED,that the City Council of the City of San Juan Capistrano does
hereby approve a request for a change of project scope as shown in Proposed Exhibit"A"and a change of project funding as
shown in Proposed Exhibit"E", both attached hereto and made a part hereof.
PASSED,APPROVED,AND ADOPTED this 5th day of April 1994.
LLENE ELL, YOR
ATTEST:
CITY CLERK
-1-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I,CHERYL JOHNSON,City Clerk of the City of San Juan Capistrano,California, DO HEREBY CERTIFY
that the foregoing is a true and correct copy of Resolution No. 94-4-5-2 adopted by the City Council of the City
of San Juan Capistrano,California,at a regular meeting thereof held on the Sth day of April 1994,
by the following vote:
AYES: Council Members Jones, Ilausdorfer, Yash and Mayor Campbell
NOES: None
ABSTAIN: None
ABSENT: Council Member Vasquez
(SEAL)
CHERYL JOHN IN,O TY CLERK
-2.
CONTRACT NO. 75V434
PROPOSED EXHIBIT "A"
SCOPE OF WORK
The Project includes the acquisition of additional right-of-wav and the design and
construction of expanded surface parking at the existing Capistrano Depot surface
panting lot that will add approximately 33 new spaces for intercity rail passengers.
A detailed site survey including boundaries, topography,existing features, and utilities
will be prepared along with a geotechnical report describing subsurface conditions
and pavement recommendations.
The surface parldng lot's design will be consistent with Historic Downtown "Mission"
area design guidelines, lighting and landscaping ordinance requirements, and other
regulatory review.
CONTRACT NO. 75V434
PROPOSED EXHIBIT "E"
PROJECT COST ESTIMATE
Description State Dollars Local Dollars Total Dollars
Administration $40,000 $40,000
R/W Acquisition $450,000 $314,000 $764,000
Environmental $15,000 $15,000
Preliminary Design $40,000 $70,800 $110,800
Surface Design $60,000 $60,000
Surface $411,670 $411,670
Construction
TOTAL $1,016,670 $384,800 $1,401,470
i
%jam///%%/ '-- .• � �%
/� WhWI
vroom,
• • • ��
RESOLUTION NO. 95-2-7-1
CERTIFICATION OF HAZARDOUS WASTE CLEARANCE
LOT 11 TRACT 50 (MULTI-MODAL PARKIN r OT/Di AIO)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN JUAN
CAPISTRANO, CALIFORNIA, CERTIFYING THAT ALL REASONABLE
STEPS HAVE BEEN TAKEN TO COMPLY WITH CALIFORNIA
TRANSPORTATION COMMISSION RESOLUTION G-91-2 (LOT 11, TRACT
50 - MULTI-MODAL PARKING LOT/DiMAIO)
WHEREAS, the California Transportation Commission is the approving authority
for Transit Capital Improvement Program Funds; and,
WHEREAS, by Resolution No. 94-4-5-2, the City Council of the City of San Juan
Capistrano approved a request to revise project scope and project funding for the Multi-Modal
Parking Deck; and,
WHEREAS, by Resolution G-91-2, the California Transportation Commission
requires City certification of review of possible hazardous waste; and,
WHEREAS, the City of San Juan Capistrano has reviewed the Report, dated
January 13, 1995, by Huntingdon Engineering and Environmental, Inc., prepared on behalf of the
City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of San
Juan Capistrano that Lot 11 of Tract 50 has been fully reviewed by the City for hazardous wastes and
that none have been found, and that hazardous wastes identified subsequent to title transfer to the
City will be cleaned up by the seller or a mechanism to recover cleanup costs will be established and
executed as a condition prior to title transfer, and that if the property is discovered to have hazardous
waste which exceed the Federal/State standards, these will be cleaned up to the satisfaction of the
responsible local, State and/or Federal regulatory agency. The appropriate regulatory agency shall
certify to the City that the cleanup has been completed.
BE IF FURTHER RESOLVED, that the City hereby certifies by formal resolution
to the California Transportation Commission that all reasonable steps have been completed to assure
full due diligence in the discovery of hazardous waste prior to the proposed acquisition of the
property and the State is held harmless from cleanup liability or damages, both present and future.
BE IT FURTHER RESOLVED, that the City hereby certifies to the California
Transportation Commission that the property proposed to be acquired has been investigated and has
been found clean.
BE IT FURTHER RESOLVED, that the City hereby certifies 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.
BE IT FURTHER RESOLVED, that the City will certify to the Commission that
the seller from whom the property will be acquired retains liability for any hazardous waste
investigation and/or cleanup and damages discovered subsequent to the transfer of title.
PASSED, APPROVED, AND ADOPTED this 7th day of
February 1995.
CAROLYN NASH, MAYOR
ATTEST:
. oj�
CITY CLERK
-2-
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano, California,
DO HEREBY CERTIFY that the foregoing is a true and correct copy of Resolution No.
95-2-7-1 adopted by the City Council of the City of San Juan Capistrano, California,
at a regular meeting thereof held on the 7th day of February 1995, by the
following vote.
AYES: Council Members Jones, Hart, Campbell, Swerdlin and
Mayor Nash
NOES: None
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL J0MN9N, CITY CLERK
-3-